Fraud on eBay classifieds: This is what a lawyer says

Why do users of classified ads repeatedly fall victim to attempted fraud?

Marko Huth: Classified ads are a particularly good way to simulate genuine contact with interested parties. In addition, the victims of classified ad fraud are particularly unsuspecting – they initiated the sale or purchase of the goods themselves and expect to be contacted by the seller or buyer. This means that the inhibition threshold for a response is lower than in the case of an unsolicited contact attempt. The perpetrators also rely on this.

What are the goals of the perpetrators of eBay classifieds fraud?

Marko Huth: The perpetrators are trying to obtain sensitive data from eBay classifieds users – and thus gain access to the bank account. They often also try to set up their own mobile devices so that they can access the user’s bank account.

More rarely, the perpetrators act as sellers and try to get users to pay for an item that is then not shipped at all.

How do the perpetrators of classified ad fraud proceed?

Marko Huth: The perpetrators have a fairly variable approach and are very adaptable. But a common thread can already be seen:

The perpetrators register as interested in an item listed for sale by the victim and communicate with the victim. They are trying to shift communication to chat platforms outside of classified ads.

What used to appear rather harsh and brusque has now become very sensitive: the perpetrators hardly put any pressure on and take their time. If they also have a hacked member account, they are particularly good at pretending to be a real prospective buyer.

Initial communication with the perpetrators usually revolves around the item itself and the shipping costs before it comes to payment. You then ask, for example: B. after the victim’s PayPal ID in order to announce after a while that Kleinanzeigen had warned against processing via Paypal or a direct transfer – and suggest the secure escrow service from Kleinanzeigen for payment processing.

If the victim agrees, they will receive a fake email – supposedly in the name of classified ads – with a link to a fake website that mimics the look and feel of the platform.

These fake websites are now very professionally made and are becoming increasingly difficult to identify as fake. There are even live chats with alleged support there. In this way, the victim is tricked into disclosing access data to the account or granting approval via the banking app – usually under the pretext that the classifieds escrow service must be linked to the victim’s bank account in order to pay out the deposited money.

Because it is becoming increasingly common for third-party services to access one’s own account and also share access data, victims are less and less likely to be alarmed.

What can be the consequences of such fraud attempts?

Marko Huth: Only rarely is a single abusive transfer initiated from the user’s account – much more often, the perpetrators take control of the victim’s online banking and empty the account.

This can go so far that internal transfers of current account accounts are made or direct debits are revoked in order to increase the account’s credit limit. In particular, revoking direct debits can be dangerous for the victim beyond the loss of money: the payment is not made and the victim is then in default of payment to their creditors.

How can you spot eBay classifieds fraud?

Marko Huth: Through greatest attention and skepticism: Whenever more is supposedly required to receive a payment than simply providing the IBAN or PayPal ID, users of eBay classifieds should become extremely skeptical.

Skepticism is also appropriate if an interested party has no questions at all about the item on offer or immediately says that they have already paid.

How can eBay classifieds users protect themselves from this?

Marko Huth: Here too, the following applies: maximum attention and skepticism – and information. Anyone who informs themselves in advance about the conditions and functionality of the classifieds escrow service can recognize and uncover requests from criminal third parties and prevent fraud on eBay classifieds.

Alternatively, you insist on a bank transfer or on using PayPal and never give anything more than an IBAN or PayPal ID. Selling only against collection and cash payment can also provide protection – but reduces the reach of the offer.

What should users do if they have fallen victim to an eBay classifieds scam?

Marko Huth: Victims of eBay classifieds fraud should inform their bank immediately, have their account blocked and try to recover debits or transfers that they did not initiate themselves. Existing credit cards should not be forgotten either.

Is it worth reporting to the police?

Marko Huth: As far as I know, successful investigations by the police are rare. But because they do happen, it always makes sense to report them to the police. The victim also documents that he or she is actually the victim: with a criminal complaint against a third party, the bank’s initially understandable objection can be countered that the classifieds user consciously made the transfer himself.

When are victims of eBay classifieds fraud entitled to compensation?

Marko Huth: The victims of eBay classifieds fraud always have a claim for damages against the perpetrators. To do this, the perpetrators must first be caught and then be solvent in order to be able to compensate for the damage.

The victims never actually have a claim for damages from the bank. This is because, as a rule, the bank cannot be accused of breach of duty – which is a prerequisite for compensation.

However, the victim has a claim against his bank for all debits that were not authorized by him to be re-credited. Conversely, the bank could then offset a claim for damages against the customer if the customer behaved with gross negligence when handling data that was to be kept secret.

However, if the customer was only slightly negligent, they are still entitled to a refund and the money must be reimbursed by the bank. The question of whether it was gross negligence or not is often the crux of such cases.

What requirements must be met to enforce a refund?

Marko Huth: In order to be credited again, the victim must not have authorized or initiated the transactions via his or her account – and not accidentally or unknowingly.

The victim of classified ad fraud must not have acted with gross negligence. Otherwise, the bank can neutralize the claim for re-crediting by offsetting it against its own claim for damages.

What options do victims have if the bank refuses to compensate for the damage?

Marko Huth: If, after a lawyer’s review, there is a prospect of success for a refund from the bank, action can be taken against the bank out of court and, if necessary, in court – i.e. with a lawsuit.

How can a lawyer help with classified ad fraud?

Marko Huth: A lawyer will assess the case’s chances of success and ensure that all essential details of the facts of the case are collected and prepared. He also draws on experiences from similar cases. A sensible presentation of the facts of the fraud can make the difference between success and failure.

In addition, a lawyer represents victims out of court and in court, takes over communication with investigative authorities and submits a request for coverage to the legal protection insurance company.

If the facts suggest that legal measures are unlikely to be successful, the lawyer will advise against taking action.