E-commerce and distance selling are gaining more and more popularity these days. Beautiful pictures of items at discounted prices and the possibility of home delivery help to grow the demand and supply on the Internet. A distinctive feature of e-commerce is that there is no personal contact with the seller of the sought-after goods, which leads to consumer frauds of various types and sizes. Ordering from pages on Facebook or Instagram is often accompanied by fraud, and instead of the desired product, the user receives old clothes and cosmetics with cash on delivery and no right to review, for which he owes payment.

What should the user do to prevent fraud?

The most successful way to avoid fraud is to recognize fake and fraudulent pages. When ordering from a certain site, the user must pay attention to the following:

1. A page or site that does not offer delivery with the right to view is a scam. All reliable and reputable e-commerce sites allow the user to familiarize himself with the goods ordered by him before payment. According to the Decision in case C-681/17 of the Court of the European Union, the possibility to review the acquired goods aims to protect the consumer in the distance sale and brings certainty about its nature, characteristics and good functioning.
2. When ordering from a Facebook page, it is necessary to monitor whether the page is intended for a store or marked as a fan page/interest page. The information is contained in the main “About” field. Facebook has options for authenticating authorized stores with a blue tick and verifying the page name. (most fake pages have weird or monosyllabic names). Often back in the story, there are also “angry emoji’s” under the photos, which is also a sign that there is a problem with the seller. Although dishonest traders change their names all the time, it is useful to also check on Google what this page is and if there are any opinions about it. Instagram is part of Facebook and the same rules apply to it.
3. The seller of the goods is always relevant. A distinction must be made between a natural person and a legal entity. If the sender is a natural person, the possibility of protection is significantly less. The information about them on the bill of lading is limited, while for legal entities the EIC of the company is also required, which gives a significant amount of data about the sender of the goods. Moreover, illegal legal entities are subject to many greater penalties than individuals.

3.1. Currently, there are several different types of e-commerce. The user should distinguish between business-to-consumer and consumer-to-consumer sales. In case of non-compliance and fraud in the first case, the responsibility lies with the legal entity that sent the goods. On platforms like OLX and Emag, though with everything better protection options, the responsibility is not on the platform, but on the user who sent the defective/different from the ordered goods, and the buyer should direct his claims to the sender. Reporting of incorrect online traders can be submitted directly to the KZP online platform at: https://kzp.bg/podavane-na-zhalba

4. Many provisions have been introduced in European Union legislation with the aim of greater consumer protection (Directive 2002/65/EC on the distance trading of financial services, Directive 2011/83/EU on consumer rights as well as the Consumer Rights Guide ). Every e-commerce site is required to have a detailed Terms of Use, a privacy policy (regulated in the General Data Protection Regulation GDPR) and in most cases an order confirmation email/phone call to avoid fake orders.

In the absence of any of these mandatory details, in most cases it is a fraud.

If the user has already been a victim of fraud

The most distinguishing mark of scammers on the Internet is the order without the right to review. This means that if the recipient accepts the shipment, he is obliged to pay for it, regardless of the fact that its contents do not correspond to what was ordered. Most of the websites of the largest courier companies in Bulgaria do not contain detailed information about the option of receiving the paid money back. Couriers are also not aware of what to do in such a situation. In most cases, they offer to return the shipment to the sender cash on delivery, because by law they are not allowed to refund the consumer. The courier company is an intermediary between the seller and the buyer and its activity ends with the receipt of the shipment. Fraudulent shipments are sent through large courier companies to deceive the consumer and are left at express points with ready-made bills of lading to avoid being inspected by a courier on site.

Every user should know that they have an extremely short period of time to get a 100% refund of the amount they paid. Getting the paid money back without the value of the courier service is quite possible by following the listed steps:

The most important condition is that upon discovering the fraud, the user must immediately call the headquarters of the courier company that delivered the goods and freeze the amount paid on the bill of lading. By law, the courier company has the right to freeze the money within 24 hours of reporting the fraud. This can only happen if the sender has not already received the money. It is the quick reaction of the user that is the key to the refund. In case the sender has already received the amount, the possibility of refund is almost nil.

The next step is to submit a complaint/report to the nearest Regional Office of the Ministry of the Interior. For the convenience of users, in this article I am attaching a template in which the injured person only needs to fill in his personal data and the factual situation of the case. With the report registered in the institutions of the Ministry of Internal Affairs, the victim should go to the most convenient for him office of the courier company and present the incoming number. At that point, the user will either be fully refunded or instructed to presentation of a resolution by the police and then the money will be reimbursed to the victim.

The police, referred to the case, are obliged to carry out the necessary inspection and report the case to the prosecutor’s office, if the legal prerequisites for a crime under Art. 209 of the Criminal Code. Upon receipt of the file, the prosecution pronounces on the merits. In most cases, it concerns small shipments and amounts for which it is unjustified to conduct a full criminal proceeding, and these frauds remain unpunished. Small parcels of counterfeit goods are a problem worldwide, as their low value is an obstacle to criminal prosecution.

The most dangerous electronic environment for buying goods is social networks, according to police experts. Users should know that Facebook and Instagram are a “one point system” and even with a decree and resolution of investigative authorities, a page will not be closed, regardless of the opinion of state authorities. The only way to close such pages is reporting by the users themselves in the social network system.

It is important for the consumer to know that despite the fraud that has occurred, there are various ways to protect and get the money back. The digital society requires people to be more vigilant and watch for infringement of their rights. The growth of Internet consumption will undoubtedly also lead to new and different fraud techniques. This article examines the problems associated with cash on delivery deliveries. When paying by card and electronically, the user should pay attention to other risks that will be discussed in subsequent publications.

VP solutions can prepare all necessary documents and appeals for you. Let’s work together!

Author: V.Zh.

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