Hello,
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If the person took the payments and never intended to provide whatever service was promised, then this could be considered fraud and theft by deception and could be charged as a crime. If it was a matter of the person trying to do what they promised, but not getting any results, then this would be a civil matter of a breach of contract if they didn't deliver on their promises. It typically boils down to the intent that was present at the time the person entered into the contract.
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Although most DAs would be hesitant to file criminal charges for this type of thing and would rather refer it to civil court, the fact that the person has done this to several people with the same result tends to imply an intent to defraud rather than just a breach of contract. This may persuade the DA to file criminal charges if several of you approach the DA together and file individual complaints.
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Thanks.

Barrister

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