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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
On April 30, 2015, the Department of Justice – Office of Cybercrime issued an advisory on online shopping fraud to inform online shoppers of the risks involved in dealing online, as well as to guide online shopping providers by providing a safe and secure online shopping environment, in the promotion of consumer welfare.
Online shopping started to thrive following the technological advances and the prevalent use of the internet. As it provides a fast and convenient way for consumers to purchase goods and services, it is becoming the preferred method of purchasing.
Risks, Trade malpractices, and operational challenges exist in online shopping in view of the anonymity being offered by the internet. Issues, such as the following make it important for online shoppers to take necessary precautions to protect themselves when shopping online:
- Fraud and scams;
- Misleading and deceptive product advertisements;
- Difficulty in returns and replacements;
- Unexpected custom dues, transaction costs, and surcharges; and
- Chaotic delivery procedures.
Prevention is better than cure: Consumers must remain vigilant and proactive in protecting their welfare and rights. Like traditional markets, customers should keep in mind the principle of caveat emptor (buyer beware) in their online dealings. It is highly important to be wary of online fraud to avoid the arduous process and inconvenience of recovering any damage.
How to protect yourself from online shopping fraud
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DOs |
DON’Ts |
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Keep security software and firewalls up-to-date. |
Don’t shop online using public computers. |
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Update your internet browser as and when a new patch is released. |
Don’t access websites via links embedded in emails. Type the website address into the browser itself, instead. |
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Research a seller before making an online purchase. Independently verify their contact details and other company information. |
Don’t respond to unsolicited emails from people or businesses you don’t know. Delete them, instead. |
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Invest the time to read all details of an offer to sell. |
Don’t divulge personal or financial information and passwords to anyone requesting them by email. |
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Be wary of unsolicited emails from online businesses that you do not know. |
Don’t use the same password for all your online accounts and websites. |
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Use strong passwords, which contain a combination of letters, numbers, and other characters. Change them regularly and use different passwords for different online accounts. |
Don’t use “easy” passwords |
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Read and understand the seller’s terms and conditions and privacy policies. |
Don’t disclose personal or credit card information on a website unless it is secure. |
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Check that a green padlock symbol is displayed either in the bottom-right hand corner of the webpage or in the address bar and verify the same. |
Don’t believe everything you read – if it sounds too good to be true, it probably is false. |
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Be vigilant in transmitting financial and personal information. Avoid unsecure channels like public Wi-Fi, email, phone calls, or mobile messaging. |
The Red Flags
Be mindful of some of the red flags of an online shopping fraud:
- Products are advertised at very low prices compared to other websites – if it sounds too good to be true, then it is probably fraud!
- Online sellers with poor ratings and/or feedback.
- Online sellers who ask you to pay by money transfer service or direct to their bank account rather than through the site’s preferred payment method.
- Websites with no contact details such as a physical address or telephone number.
- Websites with limited or no information about privacy and their terms and conditions use.
Seek Assistance and Redress from Relevant Regulatory Agency
Consumers must be aware that they are entitled to the same consumer rights online as they are offline. These rights include the right to demand a refund or replacement, the right to be duly informed of all pertinent information and costs, the right against illegal use of their personal data, and the right against deceptive trade practices.
The presence of internal mechanisms that address consumer complaints do not prevent a buyer from seeking redress from legal authorities.
In the event of inconsistency or inconformity, with the provisions of our laws, the public are encouraged to provide their feedback or file their complaints to the appropriate government agencies.
Consumers are also encouraged to secure copies of electronic messages or documents related to the transaction, as these are considered authentic and reliable in facilitating dealings, transactions, and agreements, and may be used as evidence against the fraudster.
Beware of other types of Online Fraud
Online fraud is not limited to online shopping. Internet users should also be wary of the following types of online fraud that are punishable under the Cybercrime Prevention Act:
- Fake websites: A website that either mimics a genuine reputable online business by using a similar website address or that pretends to be a legitimate business with the sole purpose of defrauding unsuspecting shoppers.
- Online auction scams: Receiving goods that are counterfeit or that significantly differ from the original description and are of lesser value. In some cases, no goods were delivered at all. The fraudster may also try to persuade his victim to pay by means other than the preferred method of the auction website.
- Weight loss or medicine scams: A scheme which offers alternative slimming aids or medicines to cure obesity, cancer and other medical conditions. These products are rarely properly tested and can even be harmful.
- Phishing emails: Emails purportedly received from a legitimate and well-known source which contains a link to a false but credible-looking website where the victim will be asked to update their personal and/or account information.
This Advisory is issued in line with the Department of Justice-Office of Cybercrime’s mandate to educate the public and ensure that the near limitless potential of cyberspace is safeguarded from malicious individuals, and from abusive, fraudulent, or harmful corrupt business practices as well.
Related Articles:
How the Internet Transactions Act of 2023 Protects Online Consumers and Merchants
Protection Under the Anti-Financial Account Scamming Act (AFASA)
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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