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Is this bait and switch fraud (modee or anyone in legal field)?

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  • Is this bait and switch fraud (modee or anyone in legal field)?

    Hello modee, great site.

    I had an audiobook (CDs only, no box) which I listed on eBay the other day which had been used and abused for several months. I made it clear that they had been used for several months although they still played. After someone bought it and I packaged the CDs, I noticed that some of the CDs had scatches on them. I tried to play the CDs but they skipped. Others would not even play. When I first purchased the audiobook I remembered that I had ripped the entire audiobook to my computer for backup and so I wouldn't have to keep switching the CDs from my computer to my car's CD changer and vise versa.

    So, to try to satisfy the buyer, I offered to send the buyer a "digital" version of the audiobook directly through e-mail as kind of a good faith "alternative." This digital version was practically the same in every sense but instead of audio on physical CDs, it was audio in it's purest form: as MP3 audio files. The buyer would technically not be losing anything because the meat of the audiobook is the audio itself which is what I wanted to send him. I didn't even have the box and I made it clear.

    So I offered this to the buyer and he accuses me of "bait-and-switch fraud" (I didn't even know what that was), and then later threatens to report me. I gave him a full refund and have not heard of him since. The buyer seemed like one of these people with a bold authority-mentality, like if he was part of some internet police squad or something, so I would not be surprised if he actually did report me. My question is, is this really bait-and-switch fraud and can I really get in trouble for this?
    Last edited by creznor; 08-08-2010, 08:51 AM.

  • #2
    Well the buyer is correct because you were selling FULLY FUNCTIONAL Audio CDs but those CDs were non-functional when they arrived to the buyer and then you offered him a DIGITAL version of the CDs which he did not pay for.

    Since you have refunded him the money the transaction has been cancelled and the buyer has kept the item so no harm done.
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    • #3
      You should have just burned the files to CDs - that might have satisfied him, although if what you sold were the originals from the manufacturer, still the burned copies would have been bootleg and different from your description.
      Please read the forum rules before you post.

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