(Philippine legal context)

1) What counts as an online shopping “scam” or a “wrong delivery”

Online shopping disputes generally fall into two buckets:

A. Online shopping scams (fraud-type cases)

Common patterns include:

Non-delivery after payment (seller disappears, blocked, no shipment).
Delivery of worthless/incorrect item with intent to deceive (e.g., advertised phone, delivered bar soap).
Bait-and-switch (listing shows branded item; delivered imitation; seller refuses refund).
Fake tracking/false proof of delivery (courier tag “delivered” but nothing received).
Phishing and account takeovers (you are tricked into giving OTP/password; purchases made using your account).
Payment diversion (you’re instructed to pay to a different account, not the platform’s official checkout).

These can involve criminal liability (fraud, cybercrime, identity theft, etc.) depending on facts.

B. Wrong delivery / consumer dispute (often civil–administrative)

Common patterns include:

Wrong item / wrong size / wrong color
Missing items in the parcel
Damaged items
Late delivery beyond promised time
Unauthorized substitutions
Misleading product description (but not necessarily criminal)
Refusal to honor return/refund warranty

These are usually handled first as consumer protection and platform dispute resolution, and may escalate to administrative complaints or court action.

2) Your legal “toolbox” in the Philippines (key laws and how they apply)

A. Consumer Act of the Philippines (RA 7394)

Core principles:

Protection against deceptive, unfair, and unconscionable sales acts.
Rights to safety, information, choice, and redress.
Basis for complaints involving misleading advertising, defective goods, or refusal to honor warranties.

Practical use: This is your backbone for refund/return/warranty disputes, especially where the seller is operating as a business.

B. E-Commerce Act (RA 8792)

Recognizes electronic data messages and electronic documents as valid, and supports enforceability of electronic transactions.

Practical use: Helps establish that screenshots, emails, chat logs, order confirmations, and electronic receipts are part of the evidence chain.

C. Cybercrime Prevention Act (RA 10175)

Applies when the wrongdoing involves a cybercrime component (e.g., online fraud done via ICT). When traditional crimes (like estafa) are carried out through online systems, cybercrime provisions can affect venue, procedure, and how law enforcement handles it.

Practical use: For online fraud—especially repeated schemes, fake stores, and organized scammers—reports often go through cybercrime units.

D. Revised Penal Code: Estafa (swindling)

Classic criminal route for “I paid, seller deceived me, and I suffered damage.”

Practical use: Most non-delivery scams and intentional bait-and-switch scenarios can resemble estafa if you can show deceit and damage.

E. Access Devices Regulation Act (RA 8484)

Relevant for credit card/ATM misuse and certain identity/payment fraud.

Practical use: If your card details were compromised or used without authority, this may support a criminal angle.

F. Data Privacy Act (RA 10173)

Useful if your personal data was misused (doxxing, identity abuse, unauthorized disclosure by seller/courier/platform) or if a platform mishandles personal information.

Practical use: This is not the main path for refunds, but can support complaints where personal data is part of the harm.

G. Anti-Photo and Video Voyeurism / harassment / threats laws (context-dependent)

Sometimes scammers threaten victims or publish private info; these become separate offenses.

3) First response: what to do the moment you suspect a scam or wrong delivery

Speed matters, because platforms and banks often have tight windows.

Step 1: Preserve evidence immediately

Create a folder and save:

Order page (product listing, seller profile, price, photos)
Checkout/receipt (order number, total, timestamps)
Payment proof (bank transfer slip, e-wallet reference, card authorization)
All chat logs (in-app messages, SMS, Messenger/WhatsApp)
Tracking details (screenshots of tracking timeline)
Parcel evidence (waybill, packaging labels, courier receipts)
Unboxing video (best if continuous, shows sealed package, waybill, opening, contents)
Photos of wrong/damaged items from multiple angles
If “delivered” but not received: screenshot of proof-of-delivery and your location context

Tip: Export/backup chats where possible. Don’t rely on “it’s still in the app.”

Step 2: Use in-platform remedies (document everything)

Most platforms have:

return/refund request
“item not received”
“wrong item”
“missing items”
escalation to resolution center

Always communicate inside the platform when possible. External chats are easier for sellers to delete/deny.

Step 3: Stop further loss

If paid by card, call the bank immediately to dispute unauthorized or fraudulent transactions.
If paid by e-wallet, report within the wallet’s fraud channel and request reversal if possible.
If you shared OTP/password: change passwords, enable MFA, report account compromise.

Step 4: Send a clear written demand (even by email/chat)

For serious cases, a concise demand helps:

identify transaction
state what went wrong
cite your requested remedy (refund/replacement)
provide a deadline
warn of escalation (DTI, law enforcement)

4) Choosing the right complaint path

You generally have four routes, often used in combination:

Platform dispute resolution (fastest, most practical)
Government consumer complaint (DTI and related agencies)
Criminal complaint (PNP/NBI/Prosecutor’s Office)
Civil case / Small Claims (money recovery, where appropriate)

Quick guide: Which route fits which scenario?

Wrong item / missing / damaged / late → Platform + DTI consumer complaint
Seller refuses refund despite clear proof → Platform + DTI
Non-delivery + seller disappeared → Platform + (bank/e-wallet) + criminal report
Fake store / organized scheme → Criminal report + platform + DTI
Unauthorized card/wallet transactions → Bank/e-wallet + criminal report (+ possibly NPC if data misuse)
You can identify a real local business → DTI is especially effective; also possible civil recovery

5) Filing a consumer complaint (DTI and related agencies)

A. DTI (Department of Trade and Industry)

DTI typically handles consumer complaints involving:

deceptive sales acts
refusal to honor warranties
defective products
unfair trade practices
disputes involving sellers doing business with consumers

What you usually need

Your affidavit/complaint narrative (chronology)
Proof of transaction and payment
Evidence of defect/wrong delivery/non-delivery
Copies of your demand and seller’s response (or lack thereof)
Seller’s name, store name, contact details, and any available address

What DTI can do

Facilitate mediation/conciliation
Require the seller to answer
Encourage settlement (refund/replacement)
In appropriate cases, initiate administrative action

Practical note: DTI is most powerful when the seller is a traceable business (registered, operating locally, or with clear identity). If the seller is anonymous and offshore, enforcement is harder—but your complaint still helps build records.

B. Other possible government channels (depending on product/service)

FDA for regulated health products (unsafe/illegal cosmetics, medicines, supplements)
NTC issues for telecom-related devices and concerns (case-by-case)
BSP and financial regulators for systemic issues with banks/e-money issuers (usually after internal escalation)
NPC for serious personal data misuse

In practice, for typical parcels and general merchandise, DTI is the main consumer forum.

6) Filing a criminal complaint (when it’s fraud, not just “bad service”)

When a criminal route makes sense

You paid and the seller never intended to deliver.
The seller used false name/identity, fake shop, or fake proofs.
There is clear deceit and damage, not just a shipping mistake.
Multiple victims, repeated modus, or coordinated scam operations.
Unauthorized purchases using your account or stolen payment credentials.

Where to file

PNP Anti-Cybercrime Group (ACG) or local police with cybercrime capability
NBI Cybercrime Division
Ultimately, criminal cases proceed through the Office of the Prosecutor for inquest/preliminary investigation (depending on circumstances), and then court if warranted.

What you will submit

A sworn complaint-affidavit
Evidence bundle (screenshots, receipts, chat logs, tracking, IDs if any)
If you know identity: real name, account details, bank/e-wallet numbers used to receive funds, shipping labels, phone numbers, usernames
If you don’t know identity: still file; cybercrime units can pursue digital traces and coordinate with platforms/payment channels (subject to process)

What “probable cause” hinges on

For fraud-type complaints, your narrative should show:

Misrepresentation/deceit by the seller (false claims, fake inventory, fake delivery),
Your reliance on it (you paid because of that representation),
Damage (loss of money, loss of property, etc.),
Link between the deceit and the damage.

Reality check (so you set expectations correctly)

Criminal cases can take time, but filing:

creates an official record
can support account/bank holds if applicable
helps law enforcement connect multiple victims
strengthens platform cooperation

7) Small Claims and civil recovery (getting your money back)

If your goal is mainly money recovery, and the amount is within the jurisdictional limits of small claims (and you can properly identify and serve the defendant), Small Claims can be a practical route. It’s designed for simpler money claims and is generally more streamlined than ordinary civil cases.

Small claims is most viable when:

you know the seller’s real name and address (or business address)
the defendant is within the Philippines and can be served notices
your evidence is clean and well-organized

If identity/address is unknown, civil recovery becomes difficult even if you “win,” because enforcement depends on locating the defendant.

8) Common evidence issues (and how to avoid losing your case)

A. The “unboxing problem”

Many disputes are won or lost on proof of contents. Best practice:

Video from sealed parcel → waybill visible → opening in one continuous take → contents shown clearly.
Keep packaging and waybill intact.
Photograph weight label, item count, and seals.

B. Screenshots that don’t show context

Always capture:

the URL/page header (if possible)
timestamps
the username/store name visible
the whole conversation thread, not cherry-picked lines

C. Payments made outside the platform

Scammers often push “bank transfer only” or “pay to my personal wallet.” These are riskier. If you did pay off-platform, preserve:

transfer receipt
account number/name used
any instruction messages that directed you to pay there

D. “Delivered” but you didn’t receive it

Gather:

proof-of-delivery photo/signature (if any)
GPS or delivery location info (if available)
your presence records (CCTV in building, guard logs, neighbor statements)
immediate report to courier and platform (delay hurts credibility)

9) Courier-related disputes (loss, damage, misdelivery)

Sometimes the seller shipped correctly, but the courier failed:

parcel lost in transit
parcel damaged in handling
misdelivered to wrong address/person
tampered packaging

Your approach:

Report to platform first (they often interface with logistics partners).
Report to the courier with tracking number and proof.
Preserve packaging and waybill.
If courier’s POD is inconsistent with reality, document and escalate.

Liability can depend on contractual terms, declared value, and who contracted the courier (seller vs buyer). Practically, the platform’s dispute process usually resolves it faster than direct courier litigation.

10) Typical remedies you can request

Depending on facts, you may seek:

Full refund
Replacement (same item, correct specs)
Partial refund (if you keep item but value is less)
Return-and-refund
Repair (for defective goods under warranty)
Delivery completion (if item is verifiably in transit)
Chargeback/dispute reversal (for card payments)
Account action (platform ban, takedown—helpful but not a substitute for refund)

In complaints, ask for the remedy that matches your goal and evidence. Overreaching demands can slow settlement.

11) Drafting your complaint narrative (template structure)

Whether for DTI, platform escalation, or law enforcement, a clean chronology is powerful:

Parties: your name/contact; seller/platform/courier identifiers
Transaction details: item, price, order number, date/time
Representations: what was promised/advertised
Your action: payment method, date/time, amount
What happened: delivery status, wrong item, missing items, damage
Your attempts to resolve: chats, ticket numbers, calls
Result: refusal, ghosting, no resolution
Damages: monetary loss, additional costs
Relief requested: refund/replacement + reimbursement (if justified)
Attachments list: label exhibits (Exhibit “A” – receipt; “B” – chat log; etc.)

12) Special situations

A. Counterfeit goods

If you can show the item is counterfeit or misrepresented:

pursue platform return/refund
file consumer complaint
preserve evidence; do not resell or dispose in a way that complicates proof

B. Pre-orders and “reservation” scams

Red flags:

indefinite delays
repeated excuses
refusal to provide formal invoice or business details
insistence on off-platform payments

Act early: demand refund, escalate quickly.

C. Digital goods and services

For subscriptions, in-game items, digital codes:

document code invalidity
record error messages
keep emails or redemption logs

D. Cross-border sellers

Options may be limited by jurisdiction, but:

platform chargeback/refund mechanisms still matter
payment disputes (card/wallet) become especially important
keep expectations realistic for government enforcement

13) Avoiding retaliation and staying safe

If a seller threatens you:

stop engaging emotionally; keep communication factual
preserve threats as evidence
if threats involve harm, report to law enforcement

Avoid posting personal data (“doxxing”) in public groups; it can expose you to counterclaims or privacy issues.

14) Practical “best path” playbooks

Playbook 1: Wrong item / missing items

Take photos + unboxing video proof
File platform dispute same day
Demand replacement/refund with evidence
Escalate to DTI if seller refuses and is identifiable

Playbook 2: Non-delivery scam after bank/e-wallet transfer

Preserve payment reference + chat logs
Report to platform (if any)
Report to e-wallet/bank immediately
File police/NBI cybercrime report with all identifiers (account numbers, names, links)

Playbook 3: Unauthorized card transaction

Call bank: block card, dispute, request investigation
Change passwords/MFA for accounts
File law enforcement report if fraud is clear
Keep bank case reference numbers

Playbook 4: “Delivered” but not received

Screenshot “delivered” status and POD
Immediately report to courier + platform
Gather building logs/CCTV if available
Escalate with timeline and proof

15) Key takeaways

Treat every case as evidence-first: screenshots, receipts, waybill, unboxing video.
Use the platform dispute process quickly; it’s often the fastest route to a refund.
Escalate to DTI for consumer redress, especially where the seller is a real business.
Use criminal complaints for clear deception, organized scams, and unauthorized transactions.
Civil/small claims can work when the seller is identifiable and reachable.

If you want, paste a short timeline of your situation (dates, platform, payment method, what went wrong), and I can turn it into a complaint-affidavit style narrative plus an exhibit list you can attach to a DTI or cybercrime report.