topic Re: Item is Photo Scam in Buying

Item is Photo Scam

randomninjacollectables — Sat, 13 Jul 2024 07:45:14 GMT

Hey, what does a guy have to do to get ebay to stop a photo item scammer?

This scumbag has defrauded about 30 people, and ebay hasn't and for some reason won't ban them?

All of their items has this at the end of the descriptions where people don't read

"You are purchasing the picture of the coin. If you are a human, do not purchase this item as it is set for bot accounts buying out all the cheap items listed."

https://www.ebay.com.au/sch/i.html?item=166850391161&rt=nc&_ssn=josly_6305&LH_Sold=1&LH_Complete=1

Re: Item is Photo Scam

twyngwyn — Sat, 13 Jul 2024 07:54:10 GMT

wow....they have no items for sale atm....let's see what the buyers from early July will do...are you one of them?

Re: Item is Photo Scam

sugar249 — Sat, 13 Jul 2024 07:54:58 GMT

Ah what is the problem, the best way is to read the description,

Personally I dont agree with what they are doing, but read the ad, self imposed scam by what I can see.

Just looking at the feedback you have left for sellers, you do seem to have a lot of problems.

Re: Item is Photo Scam

sandypebbles — Sat, 13 Jul 2024 07:58:46 GMT

Why on earth have 30 people gone ahead a bid on something like this?

You would have to question eBay

And then question that many people who have happily bid on something that does not exist who are ready and willing to support it

Much like common sense 😖

Re: Item is Photo Scam

randomninjacollectables — Sat, 13 Jul 2024 08:49:15 GMT

@sandypebbles wrote:
Why on earth have 30 people gone ahead a bid on something like this?

You would have to question eBay

And then question that many people who have happily bid on something that does not exist who are ready and willing to support it

Much like common sense 😖

Most people don’t read the entire item description, much like close to 0% of people read disclaimers before agreeing to them.

Under Australian Consumer Law (ACL), it is illegal for businesses to engage in conduct that is misleading or deceptive, or is likely to mislead or deceive (Section 18 of the ACL).

Similarly, in the United States, Section 5 of the Federal Trade Commission Act (FTC Act) prohibits "unfair or deceptive acts or practices in or affecting commerce."

The law takes into account the intention and what the average person would do or think.

The average person would assume that sellers aren’t actively attempting to commit fraud.

This is why misleading listings can be problematic, as they exploit this trust.

Clear and honest descriptions are crucial to prevent misunderstandings and ensure fair transactions.

Re: Item is Photo Scam

sugar249 — Sat, 13 Jul 2024 08:56:32 GMT

@randomninjacollectables wrote:
@sandypebbles wrote:
Why on earth have 30 people gone ahead a bid on something like this?

You would have to question eBay

And then question that many people who have happily bid on something that does not exist who are ready and willing to support it

Much like common sense 😖
Most people don’t read the entire item description, much like close to 0% of people read disclaimers before agreeing to them.

Under Australian Consumer Law (ACL), it is illegal for businesses to engage in conduct that is misleading or deceptive, or is likely to mislead or deceive (Section 18 of the ACL).

Similarly, in the United States, Section 5 of the Federal Trade Commission Act (FTC Act) prohibits "unfair or deceptive acts or practices in or affecting commerce."

The law takes into account the intention and what the average person would do or think.

The average person would assume that sellers aren’t actively attempting to commit fraud.

This is why misleading listings can be problematic, as they exploit this trust.

Clear and honest descriptions are crucial to prevent misunderstandings and ensure fair transactions.

Ah ''You are purchasing the picture of the coin. If you are a human, do not purchase this item as it is set for bot accounts buying out all the cheap items listed.'' is really clear to me, no fine print, it's there in front of you.

Not sure of the relevance of the US law, last time I checked we were still in Australia with our own laws.

Re: Item is Photo Scam

twyngwyn — Sat, 13 Jul 2024 09:12:56 GMT

yes...and category misrepresentation as well...because it isn't a coin is it? It should be listed under photographs eg

this harks back to the days when sellers used to send empty playstation/xbox boxes....grrr

Re: Item is Photo Scam

randomninjacollectables — Sat, 13 Jul 2024 09:25:46 GMT

@sugar249 wrote:
@randomninjacollectables wrote:
@sandypebbles wrote:
Why on earth have 30 people gone ahead a bid on something like this?

You would have to question eBay

And then question that many people who have happily bid on something that does not exist who are ready and willing to support it

Much like common sense 😖
Most people don’t read the entire item description, much like close to 0% of people read disclaimers before agreeing to them.

Under Australian Consumer Law (ACL), it is illegal for businesses to engage in conduct that is misleading or deceptive, or is likely to mislead or deceive (Section 18 of the ACL).

Similarly, in the United States, Section 5 of the Federal Trade Commission Act (FTC Act) prohibits "unfair or deceptive acts or practices in or affecting commerce."

The law takes into account the intention and what the average person would do or think.

The average person would assume that sellers aren’t actively attempting to commit fraud.

This is why misleading listings can be problematic, as they exploit this trust.

Clear and honest descriptions are crucial to prevent misunderstandings and ensure fair transactions.
Ah ''You are purchasing the picture of the coin. If you are a human, do not purchase this item as it is set for bot accounts buying out all the cheap items listed.'' is really clear to me, no fine print, it's there in front of you.

Not sure of the relevance of the US law, last time I checked we were still in Australia with our own laws.

Ah yes, I assumed you were American as well...

In regards to it being really clear, you understand that contracts that are unreasonable aren't enforceable, right?

Under Australian Consumer Law (ACL), businesses are prohibited from engaging in conduct that is misleading or deceptive, or likely to mislead or deceive (Section 18 of the ACL).

This includes ensuring that any disclaimers or important details in listings are not buried or obscure.

The part of the description stating, "You are purchasing the picture of the coin. If you are a human, do not purchase this item as it is set for bot accounts buying out all the cheap items listed," is particularly problematic.

This kind of disclaimer is not only confusing but could also be considered deceptive.

The ACL mandates that businesses must not make false or misleading representations about the goods or services they are selling.

Even if the disclaimer is present, it does not absolve the seller of the responsibility to ensure that the listing is clear and not misleading to an average consumer.

Most people don't read the description at all, let alone in its entirety.

This is why transparency and clarity are so crucial.

For example, if a description is too long or complex, it can be argued that the average consumer wouldn't be expected to read through it all, especially if the critical information is hidden within a wall of text.

What length of description is too long for you to read entirely? I'm sure you haven't read the entirety of every description for items you've purchased.

This is a common behavior, and it's why the law takes into account what the average person would do or think.

Ensuring that important information is presented clearly and prominently helps prevent misunderstandings and protects consumers from deceptive practices.

Re: Item is Photo Scam

twyngwyn — Sat, 13 Jul 2024 09:35:05 GMT

did you 'report' the listing to eBay when it was live, because I doubt you can do it after the fact?

There is a REPORT LISTING tab on every item.....

Re: Item is Photo Scam

springyzone — Sat, 13 Jul 2024 12:11:52 GMT

I think a person who bought could enliist ebay's help for a full refund on the basis the ads are misleading on a number of fronts.

For a start, the title clearly says 'coin set' etc in some ads, or at least coin. Nowhere does it say photo.

Next, I have never heard of 'bots buying out all the cheap items listed'. And the items aren't cheap, they are hundreds of dollars.

Plus as twyngwyn pointed out, the ads are in the coin category.

But on another note: The item descriptions are not all that long. The red poppy one I clicked into to look at was 8 lines long. Nine, I guess, if you count the last line which just said thankyou.

That isn't muuch to read and quitre frankly, if you are going to be paying $150 for a coin (the picture shows a whole roll of coins but the ad only mentions one), then surely to goodness it isn't too much to expect a buyer to read 8 lines. No sensible buyer should have fallen into this trap.

The seller has added the line that if you make a mistake, ask nicely and he will give a full refund. But he also adds he won't reply to any messages.

But buyers have got him right there. Point that out to an ebay rep and I am sure they would be supporting a 'not as described' claim & keeping him to his word about the refund.

The seller has nothing for sale at the moment. I wonder if someone reported his ads and I wonder if he is already under investigation. Ebay allows a lot of stuff but I have a feeling that this sort of ad could see him kicked off ebay, it is a not so subtle attempt to trick consumers.

Re: Item is Photo Scam

*casey* — Sat, 13 Jul 2024 12:28:59 GMT

" But he also adds he won't reply to any messages"

Apparently he does.

The OP also posted on the US forum that the seller did reply:

"Yes, they told me to go "$%$$%" myself and that my money is theirs now and it's my own fault"

Re: Item is Photo Scam

cam-2793 — Sat, 13 Jul 2024 12:58:23 GMT

Report it to ebay as a hacked account??

Re: Item is Photo Scam

*casey* — Sun, 14 Jul 2024 00:36:03 GMT

The REPORT button works on completed listings.

Have you received a photo ?

Have you opened a " not as described" claim with eBay

Re: Item is Photo Scam

sugar249 — Sun, 14 Jul 2024 02:14:32 GMT

@cam-2793 wrote:
Report it to ebay as a hacked account??

Ebay need a report a buyer who doesnt read the ad button. It would get used more often than a report seller button.

Re: Item is Photo Scam

cam-2793 — Sun, 14 Jul 2024 03:03:03 GMT

Sadly, too true.

Re: Item is Photo Scam

davewil1964 — Sun, 14 Jul 2024 07:27:43 GMT

Ah yes, I assumed you were American as well...

Why would you assume that when posting on the AUSTRALIAN boards?

Re: Item is Photo Scam

*casey* — Sun, 14 Jul 2024 11:16:16 GMT

"Ah yes, I assumed you were American as well"

"Why would you assume that when posting on the AUSTRALIAN boards?"

Maybe because the OP didn't check which site he was on and thought he was posting on his US thread.

The one I mentioned previously.

A simple mistake .

Re: Item is Photo Scam

davewil1964 — Sun, 14 Jul 2024 12:28:20 GMT

Not really.

A mistake due to not checking specifics, which they seem to have a record of, given the subject of the thread.

Re: Item is Photo Scam

*casey* — Sun, 14 Jul 2024 13:21:55 GMT

I predicted that response LOL

I'm pleased to see you've mentioned " the subject of the thread" though.

Let's get back to it.

I mentioned earlier that the REPORT button can be used on completed listings.

For everyone who thinks the listings should be reported, USE IT

Re: Item is Photo Scam

padi*0409 — Sun, 14 Jul 2024 13:29:46 GMT

@*casey* wrote:

For everyone who thinks the listings should be reported, USE IT

That is usually a waste of time however, the "report" is only seen by 'bots so it is rarely acted on.