everything you need to know about refund, the refund scheme on Amazon, Apple Store, etc.

As you probably know, consumer law provides for strong consumer protection in matters of distance selling. Article L221-18 of the Consumer Code grants a withdrawal period of 14 days for any online purchase. This provision, designed to protect the consumer, is today abused by fans of “refund”.

What is the “refund”?

This is an increasingly widespread practice, and BFM Tech conducted one of the first surveys on the subject by interviewing several users. Numerama also discusses the subject from a political point of view.

On Telegram, it promises easy earnings. “€2000 per week guaranteed”, “100% refunds”, “No risk”. These refund scams are called “refunds”. The principle? Order products from Amazon, Apple, Carrefour, Auchan, Ebay, Microsoft, Boulanger, Dyson or Fnac and get reimbursed while keeping them.

The “refund” exploits refund policies. As a reminder, these policies provide automatic refunds in certain situations such as non-receipt of packages or defective products. Fraudsters use these customer protection mechanisms to their advantage.

On Telegram, the announcements are multiplying with promises that make you dizzy. Organizers highlight screenshots of successful transactions and testimonials from satisfied customers. They particularly target young people looking for quick profits, minimizing legal risks and presenting their activity as a simple exploitation of flaws in the system rather than a scam.

The refund ecosystem relies on several technologies: virtual bank cards, like those of Revolut, to create ephemeral identities, automated bots to manage large-scale operations, and encrypted messaging networks to coordinate transactions. activities. These tools make it possible to bypass traditional platform detection systems.

The economic model

The organizers of these frauds offer their services for a commission, generally around 30% to 50% of the amount reimbursed.

They take care of the entire technical process, from creating accounts to obtaining reimbursement. Earnings can reach several thousand euros per week, which explains the appeal of this illegal practice.

The risks for them

With regard to French criminal law, the “refund” constitutes a serious fraud. Article 313-1 of the Penal Code defines fraud as “ the fact, either by the use of a false name or a false capacity, or by the abuse of a true capacity, or by the use of fraudulent maneuvers, of deceiving a natural or legal person and thus determine, to his prejudice or to the prejudice of a third party, to hand over funds, values ​​or any property« .

The penalties provided for are severe:

• 10 years and 1 million euros for organized gang fraud
• 5 years of imprisonment and 375,000 euros fine for simple fraud
• Up to 7 years and a fine of 750,000 euros in the event of aggravating circumstances

The use of Telegram networks and automated systems can even qualify the aggravating circumstance as an organized gang. As a reminder, case law considers that there is an organized gang when a group is formed or an agreement established with a view to preparing one or more offenses.

The risks for you

Already, once spotted, you will be banned for life from the main platforms (Amazon, Zalando, Airbnb, etc.) and your bank accounts may be closed.

In addition, the organizers of the “refund” collect your real personal data (identity, address, bank details) and can use them to blackmail you. Many customers are scammed: payment of commission without reimbursement, theft of bank details, reuse of your papers for other frauds.

Participating in the “refund”, even as a simple customer, exposes you to prosecution for complicity in organized fraud. The penalties are heavy: up to 5 years in prison and a fine of €375,000. Your criminal record will be marked for life, blocking your professional career and your future projects.

Moreover, the platforms often end up detecting fraud and demanding full reimbursement with penalties.

Amazon has already launched massive lawsuits in the United States against these fraud networks. In France, e-commerce sites are equipping themselves with new detection tools based on artificial intelligence. They share their data to identify fraud more quickly. “Reimbursement issues have become our number one priority,” says a security manager of a large platform.

Arrests are increasing. In December 2023, the police dismantled a network which had defrauded several e-retailers of more than €500,000. The “customers” were not spared: searches, seizures of fraudulent products, legal proceedings. Some now have to repay tens of thousands of euros.