1. Separate a Missing Order from Evidence of Deception
Start with what the seller claimed before payment. A missed shipping date or disputed return may involve a purchase disagreement. A fabricated business identity or false claim of brand affiliation raises different questions about how the seller obtained your money.
Nonperformance Alone Does Not Prove Criminal Intent
California’s theft-by-false-pretense framework requires intentional deception that induces someone to transfer ownership and possession of property, including money. When the alleged deception concerns a promise, failure to perform alone does not establish that the seller never intended to fulfill it. A backorder or business failure can cause a loss without proving criminal theft.
Assess the Facts Together
Concern increases when several facts connect: an advertisement claims official brand affiliation, the brand denies that relationship, the website lists nonexistent contact details, and the seller disappears after payment. Document the basis for each observation. A consumer fraud claim and a criminal allegation involve different legal requirements, so describe the conduct before assigning a legal label.
2. Match the Advertisement to the Seller and Payment
Different names do not automatically mean different businesses. A storefront may use a trade name, while a statement identifies a payment processor. Check whether the records explain those differences or leave contradictions about who offered the goods and accepted payment.
| Compare | Check | Purpose |
|---|---|---|
| Advertisement and website | Advertiser account, claimed affiliation, destination URL | Connect the offer to the storefront |
| Website and confirmation | Seller name, contact details, product, shipping terms | Identify changes between the offer and order |
| Confirmation and payment | Date, amount, currency, merchant description | Identify the charge for that purchase |
| Delivery promise and responses | Dates, explanations, refund statements | Document changes in the seller’s account |
Identify What Persuaded You to Pay
Save the specific representation that influenced your decision, such as “authorized retailer,” a product specification, or a shipping commitment. Note whether you saw it before checkout. A later statement could not have induced the original payment, although it may explain subsequent conduct. Copied logos and an HTTPS connection do not establish that a store is legitimate.
Verify an Unfamiliar Merchant Name
Copy the statement description exactly and ask the issuer or payment provider whether it can clarify the merchant’s identity. Do not assume a processor is the seller or that an unfamiliar name proves fraud. Record unresolved differences as uncertainties, including any explanation the seller supplied.
3. Preserve Records with Their Original Context
Save accessible materials before listings or accounts disappear. Keep records that support or weaken your suspicion. Effective evidence preservation allows someone reviewing the transaction to distinguish the seller’s statements from your later recollection.
Keep Screenshots, Emails, and Complete Conversations
Capture the advertisement’s account name, destination link, and surrounding text. Save relevant webpages with their URLs and record when you captured them. Retain original electronic order emails and available headers, alongside complete message threads. Avoid cropping away dates or responses that explain an exchange.
Build a Timeline without Altering Originals
Connect each event to its supporting file:
- Advertisement viewed and purchase completed
- Confirmation received and payment posted
- Promised shipping or delivery date reached
- Questions or refund requests sent
- Replies received and later contact attempts unanswered
Keep explanatory notes separate from original files. If an advertisement has vanished, check browser history, saved posts, platform activity, and messages. Label remembered details as recollections. The same approach applies to cyber monday scams and other holiday shopping scams involving unfamiliar storefronts.
4. Report the Transaction and Review Available Options
A useful report identifies the purchase and explains the suspected deception. Include the date, amount, payment method, order number, website, advertiser account, and available seller information. Separate what you verified from what you suspect, and identify missing information.
Keep Reporting and Payment Disputes Separate
Suspected online crime can be reported to local law enforcement or IC3. Consumer complaints may also go to the FTC or California Attorney General. IC3 requests transaction information but does not accept evidence attachments through its complaint process, so retain originals separately. Reporting does not guarantee investigation, prosecution, or reimbursement.
Contact the Issuer and Consider Legal Review
Contact the payment provider promptly without waiting for a criminal finding. For qualifying credit-card billing errors, federal protections generally require the issuer to receive written notice within 60 days after sending the first statement showing the error. Other payment methods follow different rules. Describe an authorized purchase that never arrived accurately rather than calling it an unauthorized charge. If the records suggest deliberate deception, an attorney handling internet fraud can review reporting options and potential claims. Prosecutors decide whether to bring criminal charges.
30 Oct, 2026
