Dear Atty. Peachy,

I am writing to seek advice about a troubling experience I recently faced with an online seller. After finding a deal for motor parts, I made a bank transfer of P98,000 to a bank account provided by the seller. However, after the payment was made, I lost contact with the seller, and my efforts to reach them have been in vain. It seems the seller has blocked me, and now I am left empty-handed and frustrated.

My primary concern is knowing what steps I should take to recover my funds and potentially pursue legal action against the seller. I feel helpless and would appreciate guidance on how to find the seller and whether I can file a complaint for this scam under Philippine law. What are my options in this situation? Should I report this incident to the authorities? Is there a specific legal framework for online scams that I should be aware of? Any assistance you can provide would be immensely appreciated as I navigate this unfortunate situation.

Thank you for your time and consideration.

Nick

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Dear Nick,

The unfortunate scenario you are facing reflects a growing concern in our digital marketplace, as online scams become increasingly sophisticated.

Possible legal avenues in this case include:

Estafa (Estafa Law): Under Article 315 of the Revised Penal Code, estafa covers deceitful conduct, such as fraudulent misrepresentation and obtaining money under false pretenses. Since the seller accepted your money without intending to fulfill the order, this could be applicable.

Violation of the Cybercrime Prevention Act: If the seller engaged in fraudulent activities over electronic communication, you could file a complaint under this law too. This act penalizes online fraud and scams.

Consumer Protection Act: This legislation protects consumers from deceptive business practices, which could support your claims if you can establish that the seller misled you.

Start by compiling all relevant information about your transaction. Keep copies of your communication with the seller, the bank transfer receipt, and any screenshots from the seller’s listings. Given the amount involved, I strongly suggest filing a complaint with the authorities. You can report the incident to the Philippine National Police or the National Bureau of Investigation, which has a Cybercrime Division focused on handling cases similar to yours. Providing them with all your documented evidence will be crucial for their investigation. Contact the bank where the payment was made and inquire about the transaction. Some banks have been known to assist victims of scams by working with law enforcement to track funds or provide information linking the account to the seller. If you found the seller through an online marketplace, check whether that platform has a reporting or fraud prevention process. Many establishments take such complaints seriously and may be able to assist in resolving the issue or even block the seller from continuing their fraudulent activities.

I suggest that you act swiftly to document your case and reach out to the appropriate authorities. While this situation is undoubtedly distressing, utilizing the proper channels can help you pursue your legal rights and potentially recover your funds. I wish you the best of luck in resolving this matter, and I hope that your experience serves as a reminder for others engaging in online transactions.

Atty. Peachy Selda-Gregorio