Go Postal


© Dale Hartley

Recently a reader raised this question:

I have been taken for $877.80. I ordered some wheels from [internet auto parts merchant], and they never came. They kept telling me that they were waiting for the check to clear, or that the wheels were sitting in the front of the warehouse ready to be shipped. Then they said that the wheels were on the way. I found out later that they never even had the wheels and could not even get the wheels. I asked for my money back, and they said sure. It has been three months since I ordered the wheels, and all I have to show is empty promises and lessons learned. I am constantly getting the run around from them all. My heart broke when I found out that the guy who had been lying to me all along was the owner and the only guy who writes checks for refunds. Can you help me? Please write back.

The above scenario is an eloquent argument for paying by credit card when buying via mail-order or the Internet. If the merchant fails to deliver, you can always instruct your credit card company to reverse the charge. Paying by check is more problematic, but this reader may yet have an ace in the hole.

Assuming that the transaction took place via mail, the U. S. Postal Inspection Service has jurisdiction. Postal Inspectors will take action when there is evidence that a business is using the mail to deceive and defraud.

Postal inspectors are federal law enforcement agents with powers to obtain search warrants and make arrests. They enforce the Mail Fraud and False Representation Statutes, which are the oldest federal consumer protection laws on the books.

Depending on the scheme or deceptive business practice being perpetrated, postal inspectors can pursue the matter either as a civil or criminal issue. For example, advertising computers for sale, and accepting payment via the mail, could be prosecuted as a criminal offense if the "seller" had no computers for sale, never had any, and has no way to get any. In the auto parts example stated above, the inspectors probably would proceed as a civil matter, because proving intentional wrong-doing may be impossible. The agents can contact the business and, under threat of punitive action, obtain a consent agreement, in which the company gives assurance that it will promptly ship merchandise or make refunds. If necessary, postal inspectors can bring a lawsuit against the business and request a False Representation Order from the court, which will stop the flow of mail to that address until the matter is settled or adjudicated.

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