General information only; not legal advice. Laws and procedures can change, and outcomes depend on facts and evidence.

1) What counts as an “online scam” or “wrong item delivered”?

A. Common online scam patterns

Online “scams” are usually fraud schemes carried out through social media, marketplaces, messaging apps, email, or fake websites. Typical patterns include:

Non-delivery: You paid, but nothing arrives; seller blocks you afterward.
Bait-and-switch / misrepresentation: Item delivered is materially different from the listing (fake, used, defective, wrong model/specs).
Counterfeit goods: Listed as branded/authentic but delivered as imitation.
Phishing / identity theft: Fake pages/messages trick you into giving OTPs, passwords, card info, or wallet PINs.
Payment diversion: “Seller” asks you to send payment to a different account/wallet, often with urgent reasons.
Fake tracking / fake courier fee: You’re asked to pay additional “release fees,” “customs,” or “insurance.”
Investment/crypto/job scams: You are induced to deposit money with promises of returns or employment; withdrawals blocked unless you pay more.

B. “Wrong item delivered” situations

Not every wrong-delivery is a scam. Many are consumer disputes involving:

Wrong variant (size/color/storage), missing parts, damaged item, defect, expired goods, short shipment, or service failures (delivery mishandling, lost parcel).
Return/refund refusal or unreasonable return conditions.
Gray area: Seller claims “no return,” but the item is materially not as described.

Your strategy depends on whether the facts point to consumer violation, civil breach, criminal fraud, or a mix.

2) Key laws that usually apply (Philippines)

A. Consumer protection (goods/services sold to consumers)

Republic Act No. 7394 (Consumer Act of the Philippines) underpins consumer rights, including protection against deceptive, unfair, and unconscionable sales acts, and provides remedies like repair, replacement, refund, and administrative enforcement through the Department of Trade and Industry (DTI) (and other agencies for specific products).

B. Electronic transactions and electronic evidence

Republic Act No. 8792 (E-Commerce Act) recognizes the legal effect of electronic data messages and documents in commerce and government.
Rules on Electronic Evidence (A.M. No. 01-7-01-SC) guide admissibility and authentication of electronic evidence (screenshots, chats, emails, transaction logs).

C. Criminal fraud and related crimes

Revised Penal Code (RPC) – Estafa (Swindling) is commonly invoked when a seller uses deceit to obtain money and causes damage.
Republic Act No. 10175 (Cybercrime Prevention Act) covers computer-related offenses such as computer-related fraud, identity theft, and other cyber-enabled crimes—often relevant when fraud is done through online systems.
Republic Act No. 8484 (Access Devices Regulation Act) may apply to credit-card related fraud and misuse of access devices.
Republic Act No. 8293 (Intellectual Property Code) can be implicated when counterfeit goods are sold (separate from your refund claim).

D. Data misuse / privacy complaints (when personal info is abused)

Republic Act No. 10173 (Data Privacy Act) can be relevant if your personal data is unlawfully processed, used for harassment, doxxing, or identity fraud, potentially engaging the National Privacy Commission (NPC).

E. Special regulators depending on the scam type

SEC (Securities and Exchange Commission): investment scams, unregistered securities, “guaranteed returns.”
BSP (Bangko Sentral ng Pilipinas): issues involving banks/e-money issuers, wallet providers, and financial consumer protection channels.

3) First moves that strengthen your case (do these early)

A. Preserve evidence immediately (most important)

Create a folder and save original copies (not just screenshots if possible):

Listing page: product description, price, seller profile, ratings, photos, terms.
Chat logs: negotiations, promises, “send payment here,” refusal of refund.
Payment proof: bank transfer slip, e-wallet transaction reference, card charge details.
Delivery evidence: waybill/parcel labels, tracking history, courier receipt, delivery attempts.
Unboxing video (highly persuasive in platform disputes): continuous video showing sealed parcel, waybill, opening, contents, defects.
Photos of item defects/wrong specs, serial numbers, packaging.

Also note: dates/times, usernames, phone numbers, account names, URLs.

B. Stop further loss

Don’t send more “release fees” or “verification payments.”
If compromised, change passwords, report to bank/e-wallet, block cards, and document incident reports.

C. Demand/refund request in writing

Even before filing complaints, send a clear written demand through the platform chat/email:

Identify order, issue, your requested remedy (refund/replacement), deadline to respond.
Keep it factual and non-threatening; it becomes evidence of refusal or bad faith.

4) Choosing the best complaint route (a practical map)

Route 1: Marketplace/platform dispute (fastest for wrong items)

Best when the transaction occurred inside a platform with built-in buyer protection and escrow.

File within the platform’s dispute window.
Provide unboxing video, photos, chats, proof of misrepresentation.
Request refund/return, replacement, or partial refund (if acceptable).

Why do this first: Platforms can freeze seller funds, require returns, and issue quick refunds—often faster than court.

Route 2: DTI consumer complaint (administrative)

Best when:

Seller is in the Philippines or doing business in the Philippines;
There is refusal to honor refund/return for misrepresented/defective goods;
You want government-assisted mediation and possible administrative sanctions.

DTI processes are commonly used for:

Wrong item delivered, defective, not as described
Deceptive listings and unfair trade practices
Service issues (subject to coverage and facts)

Route 3: Police/NBI cybercrime complaint (criminal)

Best when:

There is clear fraud/deceit (fake identity, deliberate non-delivery, “pay then block”);
Phishing/OTP theft;
Repeated victimization, multiple victims, organized scam.

Agencies:

PNP Anti-Cybercrime Group (ACG)
NBI Cybercrime Division

Often you can pursue DTI (refund) and criminal (accountability) in parallel, depending on circumstances.

Route 4: Bank/e-wallet charge dispute + regulator escalation

Best when payment was through:

credit/debit card, bank transfer, e-wallet.

Actions:

File a dispute/chargeback request promptly (card networks have time limits).
Report unauthorized transactions immediately.
Escalate financial consumer complaints through the bank/e-wallet’s processes; if unresolved, BSP consumer channels may be relevant.

Route 5: Small Claims Court (civil recovery for money)

Best when:

You want a court order for payment/refund and the claim is within small claims coverage;
You have clear documentation;
You don’t need criminal prosecution.

Small claims is designed to be:

faster, simplified
typically no lawyers required (subject to the rules and court practice)

Route 6: SEC (investment scams) / specialized complaints

Use when the fraud is about “investments,” pooling funds, “guaranteed returns,” or recruitment schemes. This is different from a normal online shopping dispute.

5) Filing a DTI complaint (consumer administrative case)

A. What DTI can generally do

Depending on facts and jurisdiction, DTI processes can:

facilitate mediation/conciliation between buyer and seller
order/encourage refund, replacement, repair in appropriate cases
impose administrative penalties for consumer law violations (fines, orders to comply), subject to due process and applicable rules

B. Typical DTI process flow (high-level)

Complaint submission (often online or through regional/provincial offices)
Evaluation (jurisdiction, completeness, respondent details)
Mediation/conciliation conference(s)
If unresolved, the matter may proceed to adjudication depending on DTI procedures and case type
Decision/order and compliance monitoring (varies)

C. What to include in your complaint

Your complete identity and contact details
Seller/merchant identity: store name, platform username, addresses if known, phone/email, bank account name used for payment
Chronology of events with dates
What you bought, how it was advertised, what was delivered, and what was wrong
Amount paid, payment method and proof
Remedy requested: refund, replacement, reimbursement of shipping, damages (if applicable and supported)
Attachments: screenshots, receipts, unboxing video stills, tracking, chats

D. Practical notes

DTI processes work best when the respondent is identifiable and reachable.
For sellers using fake identities, DTI may still help for consumer aspects, but criminal/investigative avenues may be necessary to unmask the respondent.

6) Filing a criminal complaint (PNP/NBI + Prosecutor)

A. When an online shopping case becomes a crime

Criminal liability is more likely when there is intent to defraud, such as:

taking payment with no intention to deliver
deliberate misrepresentation of authenticity/specifications
using fake identity to collect money
repeated victim pattern and coordinated scam behavior

B. Common legal theories

Estafa (RPC): deceit + damage; e.g., false representations induced payment.
Cybercrime-related fraud (RA 10175): when fraud is committed through computer systems/online platforms.
Identity theft / phishing (RA 10175), access device offenses (RA 8484) for card-related incidents.

C. Typical steps (criminal route)

Prepare a complaint-affidavit (narrative under oath) and compile evidence.
File with PNP ACG or NBI Cybercrime for cyber documentation and investigative assistance; they may help with technical aspects.
File the complaint with the Office of the City/Provincial Prosecutor for preliminary investigation (or inquest in certain arrest situations).
If probable cause is found, an Information is filed in court; the case proceeds.

D. Evidence that matters most in scam cases

Proof that the accused received money (account name/number, wallet ID, transaction ref)
Proof of deceit (false claims, fake identity, deliberate misrepresentation)
Proof of damage (money lost, costs incurred)
Identity links: seller profile, phone numbers, delivery details, repeated accounts, other victims, courier pickup details if any

E. Coordinating with other victims

If there are multiple victims, consolidated reporting can strengthen probable cause and show pattern. Avoid sharing private data publicly; route coordination through official complaint channels.

7) Small Claims Court (civil recovery) and other civil actions

A. What small claims is for

Small claims is a simplified civil process to recover money based on:

sale transactions, unpaid obligations, reimbursements, etc.

It is especially useful when:

you have documentary proof (order, payment, demand, refusal)
the amount is within small claims limits (limits can change by rule amendments)

B. Typical small claims flow (simplified)

File the claim with supporting documents and statement of claim
Court schedules a hearing/settlement conference
Judgment may be issued quickly compared to ordinary cases
Enforcement through execution if the defendant does not voluntarily pay

C. Barangay conciliation (Katarungang Pambarangay)

Some disputes require barangay conciliation as a precondition before court, depending on:

the nature of the case
where parties reside
whether there are exceptions (e.g., parties from different cities/municipalities, urgency, etc.)

For online transactions where parties are far apart or identities are unclear, this may be impractical; venue and exceptions become important.

D. Regular civil cases

If the claim is beyond small claims scope, or you seek broader relief (e.g., damages with complex issues, injunction), ordinary civil actions may apply.

8) Payment disputes: chargebacks, bank complaints, and e-wallet issues

A. Card payments (credit/debit)

If the issue involves:

unauthorized card use, or
card-funded purchase where goods weren’t delivered / were misrepresented

You may request:

chargeback/dispute through the issuer, subject to their rules and time limits.

B. Bank transfer / e-wallet payments

Report promptly to the bank/e-wallet provider; ask for account trace procedures and incident documentation.
Providers may not reverse transfers automatically; success depends on timing, fraud indicators, and internal policies.
Keep official reference numbers and written responses.

C. BSP financial consumer route

Where applicable, unresolved disputes with BSP-supervised entities may be escalated through their consumer protection pathways (documentation and internal complaint first are typically crucial).

9) Data Privacy complaints (when your personal data is abused)

Consider a privacy angle if:

your ID, selfie, phone number, address, or other personal data is misused
you are harassed, doxxed, or impersonated
a platform or merchant mishandled your data and caused harm

Evidence can include:

proof of collection and improper sharing
harassment messages
fake accounts created using your data
platform communications and incident reports

Complaints can implicate administrative and, in some instances, criminal provisions depending on circumstances.

10) Handling cross-border sellers and overseas scams

When the seller is abroad or unidentifiable:

Platform disputes and payment disputes often become the most practical remedies.
Criminal enforcement across borders is harder and slower; preservation of evidence remains critical.
If funds moved through local accounts, local investigation may still identify recipients or money mules.

11) Electronic evidence: making screenshots and chats “usable”

To improve evidentiary weight:

Keep original files (not just cropped screenshots).
Export chats where possible; capture URLs and timestamps.
Avoid editing images. If you must annotate, keep the unedited original.
Maintain a simple evidence log: file name, what it shows, date obtained, device used.
Printouts can be used, but authenticity is stronger when you can show source context (profile pages, order pages, transaction references).

For court/prosecutor filings, evidence is usually submitted via affidavit and attachments; authentication requirements depend on the forum and the contested issues.

12) What to write: templates you can adapt

A. Demand message (platform chat/email)

Subject: Demand for Refund/Replacement – Order #[____]

On [date], I purchased [item] from [store/username] for ₱[amount].
The listing stated [key description].
On [date], I received [what you got], which is [wrong/defective/not as described] because: [specifics].
I request [refund/replacement] within [reasonable period, e.g., 48–72 hours or platform timeline].
Attached are proof of payment, screenshots of listing, and photos/unboxing evidence.

B. Complaint narrative outline (DTI / Prosecutor affidavit style)

I. Parties

Complainant: [name, address, contact]
Respondent: [seller name/username, store, known address/contact, bank/wallet details]

II. Facts (chronological, numbered paragraphs)

Listing details and representations
Purchase/order details
Payment details and proof
Delivery details
What was wrong and how discovered
Your efforts to resolve (messages, dispute attempts)
Seller’s refusal/blocking or deceptive responses

III. Evidence (list attachments)

Annex “A” – order confirmation
Annex “B” – payment proof
Annex “C” – screenshots of listing
Annex “D” – chat logs
Annex “E” – tracking/waybill
Annex “F” – unboxing photos/video stills

IV. Relief requested

For consumer complaint: refund/replacement, reimbursement of shipping, appropriate administrative action
For criminal complaint: investigation and filing of appropriate charges; restitution where available under law

13) Common pitfalls that cause complaints to fail (and how to avoid them)

Missing platform deadlines → file disputes immediately and document everything.
No proof of what was promised → save the listing page and seller representations.
No proof of what arrived → unboxing video and waybill photos help.
Paying outside the platform without safeguards → increases risk and reduces platform protection.
Assuming “wrong item” automatically equals criminal fraud → criminal cases require proof of deceit/intent, not just error.
Inconsistent story or exaggerated claims → keep statements precise, factual, and supported by attachments.
Publicly posting accusations with personal data → can create legal exposure; prioritize formal complaint channels.

14) Outcomes you can realistically expect

Depending on the route and evidence, possible results include:

Refund/replacement through platform resolution or mediated settlement
Administrative sanctions and compliance orders in consumer enforcement contexts
Criminal prosecution leading to penalties if probable cause and guilt are established
Civil judgment ordering payment/refund, enforceable through execution if unpaid
Account closures / takedowns by platforms (useful but not a substitute for restitution)

15) Practical “best forum” guide (quick reference)

Wrong item / defective / not as described (local seller): Platform dispute → DTI → Small claims (if needed)
Paid then blocked / non-delivery scam: Platform (if applicable) + Bank/e-wallet report + PNP ACG/NBI + Prosecutor
Phishing/OTP theft: Bank/e-wallet immediate report + PNP ACG/NBI + Prosecutor
Counterfeit goods: Platform/DTI refund route; IP enforcement may be separate
Investment/returns scheme: SEC + PNP/NBI; separate from consumer refund logic

16) Key points to remember

Preserve evidence first; disputes are won on documentation.
Use the fastest remedy channel (platform/payment dispute) while preparing formal complaints.
DTI fits consumer remedies; police/NBI fit fraud investigation; courts fit enforceable money judgments.
“Wrong item” can be a consumer violation even without criminal intent; “scam” usually requires proof of deceit and intent.