With more and more students shopping for cheaper textbooks, must-have technological wares and the trendiest clothing attire, a risk of not receiving the goods ordered as well as not getting the goods as advertised are the harsh reality lessons students may not be ready for.

According to the 2005 Fraud Statistics from fraud.org, the No.1 and No.2 types of fraud were from online auction and general merchandise purchases, with a combined total of 72 percent of complainants. Of those who were defrauded, 25 percent of the people defrauded were in the 20 to 29 age range. This type of scenario may not seem like it can happen here at UTM but the statistics suggest that it is much more common than documented or noticed.

Take for example a disgruntled student who was upset over the condition of the textbook she received from an online source. With the description being listed as “acceptable” with only “minor staining,” the student believed it to be a great deal and bought it without any further searching. Her previous dealings with the company have always been pleasant shopping experiences and gave her no reason to show concern with the purchase.

Upon receipt of the book, she was disappointed at the overall condition of her used textbook as it was mildew-stained with obvious water damage to the entire book. What exactly would be the best course of action to ensure she receives her money back or the book in the condition she believed to order? After much dissatisfying terms being discussed to her through a customer service representative from the company, it was apparent that the wording on the site that listed the book’s condition was not as accurate as the company would have liked and that the student would not be able to sell the book back to the company because “they do not buy books back in water-damaged condition.”

As that statement was said, the student became infuriated at the notion that it was acceptable for her to purchase a book in that condition but not acceptable for the company to purchase the book when it is in that same condition. The only compensation the student had from the company was to return the book with an extra shipping charge and wait for the refund to be posted to her account after the company receives the damaged goods.

This scenario could easily happen to anyone with any experience using online retailers or auction sites. With the misrepresentation of the condition of the good purchased by that student, perhaps the issue becomes more of a fraudulent nature than a simple dissatisfied customer. That being said, what is the course of action a person should take if they find themselves in something similar to what this student experienced?

According to Leclaw.com, the definition of mail fraud is listed as using the “United States mails in carrying out a scheme to defraud.” The site goes on to define what constitutes this felony by stating that “A person can be found guilty of that offense only if all of the following facts are proved: First: That the person knowingly and willfully devised a scheme to defraud, or for obtaining money or property by means of false pretenses, representations or promises; and Second: That the person used the United States Postal Service by mailing, or by causing to be mailed, some matter or thing for the purpose of executing the scheme to defraud.”

In short, if a purchase was made and shipped through the USPS and was not in the condition as represented on the company website, it could be considered a violation of 18 U.S.C. 1341, which is the law for frauds of this nature. The best avenue for a concerned consumer to utilize if in the event they feel they have been defrauded is to visit their local post office for PS Form 8165 (1/1999), which is the necessary form to document any suspected fraudulent activity from a business. This form can also be accessed online by visiting http://www.usps.com/forms/miscforms.htm and then selecting the hyperlink for PS Form 8165.

If the package was shipped through another carrier, it would be a wise idea to contact that organizations customer service department directly to obtain necessary information on what steps are necessary to get the results you want from the company. The Better Business Bureau offers some sound advice to anyone concerned about purchasing goods over the internet. The organization provides these helpful tips to anyone concerned with e-commerce:

• Know where the company is located. PO Boxes should be a “red flag” for consumers because it will be hard to track down a company or organization if they have no land ties, which means an obligation to obey state laws.

• Research consumer organization databases to see if there are any questionable or negative feedback for the company you wish to shop from.

• Avoid giving out personal information through an unsafe website or one that does not have a URL because it could be a “mock” site that is created to steal funds.

• Allow yourself time to consider other alternatives before choosing just one site for the things you wish to buy.

• If in doubt, contact local law enforcement to see what rights you have on a state and possibly federal level.

Another often overlooked possibility involves the method of payment used for these online transactions. If you paid for merchandise, returned the product back to the company and never received your refund, a possible violation of the Fair Credit Billing Act could be an issue, which is meant to protect people using “open-ended” methods of payment like credit cards. However, the FCBA does not help with disputes in goods quality except to say that it would be in the consumer’s best interest to pursue legal claims according to the state laws in which the company resides in.

It is imperative for people to know their rights offered to them with the development of the boom in online shopping. May scams exist out there and consumers need to be aware of the dangers that are awaiting them in the realm that is the web. The laws can only protect consumers to a certain point but knowledge of their rights can empower a better quality shopping experience while online