Increasingly popular on social networks, TikTok in the lead, the refund scam is nevertheless perfectly illegal. Offenders face prison sentences of up to five years and fines of up to 100,000 euros.
Scammers, usually rather discreet, now appear without embarrassment on social networks, providing their subscribers and users who get lost in the abyss of compulsive scrolling with their good advice on how to own things without spending a penny. The last trends to date is called “refund”, and like many trends that work with young people – because it would primarily be young people – this one is very popular on TikTok.
The principle of refund is simple. An Internet user buys an item on any platform, receives it at home, but declares to the seller that he has never seen the color of his order, or that it was damaged during transport. The online store thus reimburses the buyer, while he keeps for himself or resells the product that he has indeed received.
People who practice refund scams risk being prosecuted for breach of trust or fraud, if there is fraudulent intent.
According to a young man interviewed by BFM Tech&Co, thanks to this scam, he would earn around 2,000 euros per week. A tempting sum, but behind these promises of quick wealth, a completely illegal technique. “People who practice refund scams risk being prosecuted for breach of trust or fraudif there is fraudulent intent,” indicates the FPS Economy. And in this case, fraud within the meaning of article 496 of the Penal Code is punishable by imprisonment of one month to five years and a fine of 26 to 3,000 euros.
If the scammer decides to resell the product for which he himself never paid, he is then guilty of selling stolen goods. “In this situation, article 505 of the Penal Code could play an important role,” indicate the lawyers of the Federal Public Service. This states that people guilty of receiving stolen goods face a prison sentence of fifteen days to five years, as well as a fine of 26 to 100,000 euros.
The fault of the scammers… but also of the (re)sellers
However, the FPS Economy specifies that, according to article VI.44 of the Code of Economic Law (CDE), “the shipment of goods is carried out at the company's risk”. In the event of a dispute, it is up to her, and her alone, to prove that the consumer has received their orderunless delivery is provided by a carrier chosen by the buyer.
In the event that the platform serves as an online showcase for a seller, such as Zalando or Amazon, for example, it is the seller who is responsible for delivering the order. In which case, the responsibility for delivery and transport falls to the latter, and he cannot take action against the online platform. This is perhaps one of the reasons why refund scammers use such platforms to commit their misdeeds.
“In order to avoid this type of fraud, sellers and all players in online sales must strengthen the control process at the time of delivery. “Implementing an acknowledgment of receipt will make it possible to avoid non-delivery fraud,” suggests the federal service.
