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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32907
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I was the victim of a phishing scam on ebay. The message for

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I was the victim of a phishing scam on ebay. The message for a second chance offer appeared in my google mail for a car I had bid on and I wired the money to the "seller". The website looked just like eBay's. I got suspicious when I did not hear back and called the Company that was selling the car. They told me I was scammed and said to cancel the transfer. The funds had been withdrawn however. eBay said they have no liability and I should not open anything in my inbox, just in eBay messages. EBay sends me a couple of messages a week which are legitimate however. Someone broke into eBay, had my name and address as a bidder, and researched my address. Do they have any liablity in all of this ?

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and and I look forward to assisting you today.

JD 1992 :

I can't say for sure they have liability, because it depends on exactly how things happened but it is certainly possible that they have liability.

JD 1992 :

What often happens is that you have a program on your computer, like a virus, that "grabs" information from your computer. If that is the case then eBay wouldn't have any liability. If, instead, someone had actually obtained your information directly from eBay without you being involved in any way then you could be liable.

JD 1992 :

The way to determine if you possible have a cause of action is to take any and all computers into an expert and let them scan them to see if any of those programs are on your computer.

JD 1992 :

eBay is also very aggressive in responding to lawsuits and, of course, has an almost endless supply of money as well as a ton of computer experts on staff so you have to be prepared to invest a lot of money into your case to pursue them if it turns out that your were not at fault.

JD 1992 :

The website is showing you are offline so I will exit so I can assist other customers. Please feel free to ask any follow up questions that you have in this thread. However, please don't issue a rating until our interaction is complete and all of your questions have been answered.

JACUSTOMER-5zj5sd4r- :

I am going to file a report with IC3 so I have it on record. Wells Fargo said that they "may" help to compensate victims.

JD 1992 :

You can also file a complaint with the FBI since it is internet fraud and your local police department. Each state also has a "crime victim's compensation fund" and you can apply to it for a part of your money back.

JD 1992 :

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.


 


However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.

JACUSTOMER-5zj5sd4r- :

Do you know if California has such a fund. I retired last year, kids in college and $14,400 hurts. I feel so stupid, but it all looked so real with eBay buyer protection etc.

JD 1992 :

They do. The information about it is at http://www.vcgcb.ca.gov/

JD 1992 :

There is a guide that explains the fund at http://www.vcgcb.ca.gov/restitution/

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