Fraud linked to an Internet purchase

Verified 05 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)

You made a purchase on the internet and you never received the property? You may be facing a fake commercial site or an ad fraudulent. If you received property that does not conform to the description, it may be a deceptive marketing practice. These 3 methods constitute offenses. If you are a victim or witness to such infringements, you can drop complaint and/or perform a signaling. We present you with the information you need to know.

False commercial site

A fake commercial website is a website put online with the purpose of selling goods (e.g. clothes, vehicles, household appliances) which, in the end, do not exist as long as the website is of a nature fraudulent.

This is a form ofswindle.

Warning  

L'Arcom (ex-CSA and Hadopi): titleContent may require internet browser providers (e.g. Google Chrome, Safari) to publish a clear and legible message to warn internet users that they are about to land on a fraudulent website. The message will link to an official state website.

If you are a victim of or witness to a fake commercial site, you can report it to THESEE: titleContent. You also have the option of reporting to the host of the site concerned.

Reporting on THESEE

You can make a signaling through THESEE: titleContent. This approach is open to adults or minors.

Report a fake commercial site (THESEE)

3 cumulative conditions must be met before you can report on this online service:

  • You placed your order on a fake commercial site. He's no payment and/or collection required
  • You did not receive the ordered good
  • Customer service is unreachable whether the site is still online or not.

Reporting is not a complaint. It consists solely in informing the investigation services of theThe offense and to provide them with information to identify the perpetrator.

If you report a fake commercial site, you will not be kept informed of the outcome of your report.

Reporting to the site host

The hosts must put in place reporting mechanisms to alert them to the publication of illegal content on a website or a online platform (example: social networks).

This device must be visible and accessible to all.

As a victim or witness of content unlawful, you can report using this device.

As a result of this report, hosts must immediately :

  • Notify competent authorities (e.g. public prosecutor)
  • Remove or block access to illegal content.

Hosts that do not provide for such a mechanism or that do not comply with their obligations are subject to criminal sanctions.

Please note

Some hosts have their own reporting mechanisms. This is the case for social networks such as X (formerly Twitter),Facebook,Instagram, Snapchat, TikTok,.

If you have purchased a property on a fake commercial website, you can file a complaint against the creator of this website (natural person or legal person). If you don't know his identity, you can file a complaint against X.

In general, the complaint can be filed online through THESEE: titleContent.

However, if the required conditions are not met, you can file a complaint with a police station, a gendarmerie brigade or the police public prosecutor.

FYI  

The deadline for filing a complaint is 6 years from the date of the last act ofswindle (example: the day of the last money remittance).

Online

You can file a complaint online from THESEE: titleContent :

File a complaint against those responsible for a fake commercial site (THESEE)

3 cumulative conditions must be met before you can deposit complaint in this online service:

  • You placed your order on a fake commercial site. He's no payment and/or collection required
  • You did not receive the ordered good
  • Customer service is unreachable whether the site is still online or not.

As soon as your complaint is validated by professionals in this online service, you receive an information notice in your personal space “Service-Public.fr”.

This notice gives you information on the follow-up to your complaint, the assistance you can receive (e.g. assistance from a lawyer) and the means to obtain compensation.

You are also informed in case of identification and arrest of the perpetrator.

FYI  

If you are a minor, you cannot file a complaint on THESEE: titleContent.

On the spot

To file a complaint, you must go to a police station or to the gendarme of your choice.

Who shall I contact

Police or gendarmerie services are obliged to register your complaint if you are a victim of an offense.

FYI  

If you do not know the perpetrator, you can first file a pre-complaint online.

Online Pre-Complaint

This pre-complaint must be signed at the police station or gendarmerie you have chosen. During this interview, you can optionally bring new elements. After the signature, the complaint is filed.

At the end of your hearing by the police or gendarmerie, you receive a receipt and a copy of your complaint if you request it.

The filing of a complaint leads to a police investigation that can result in the conviction of the creator of the site fraudulent.

If you're a civil party, you can get damages.

Please note

If you are a minor, you can report the facts at the police station or gendarmerie brigade of your choice.

If you wish to obtain the author's conviction and compensation, it is necessary to to be a civil party. However, to do so, you must obligatory be accompanied by your legal representatives (e.g. your parents).

By postal mail

You can file a complaint with the public prosecutor.

To do this, you must send an email to the court of law of the place of the offense or of the domicile of the offender.

Who shall I contact

Your mail should include the following:

  • Your marital status and full contact information (address and telephone number)
  • Detailed account of the facts, date and place of the offense
  • Name of the alleged perpetrator if known (otherwise, the complaint will be filed against X)
  • Name and address of any witnesses to the offense
  • Description and provisional or definitive estimate of the damage
  • Your proof documents: medical certificates, work stoppages, miscellaneous invoices, findings...
  • Your eventual willingness to become a civil party

You can use the following mail template:

File a complaint with the public prosecutor

You can send your complaint by registered letter with acknowledgement of receipt, by simple letter or by letter followed.

A receipt will be given to you as soon as the Public Prosecutor's Office has registered your complaint.

The filing of a complaint leads to an investigation that can result in the conviction of the creator of the site fraudulent.

If you constitute yourself civil party, you can get damages.

Please note

If you are a minor, you can report the facts, in writing, to the public prosecutor.

If you wish to obtain the author's conviction and compensation, it is necessary to to be a civil party. However, to do so, you must obligatory be accompanied by your legal representatives (e.g. your parents).

The creator of a fake commercial website is guilty ofswindle.

Therefore, he may be sentenced to a penalty by the correctional court.

The penalties incurred by a natural person are different from those that a legal person.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Natural person

The creator of a fake commercial website is liable to:

  • 5 years in prison
  • €375,000 fine

It also risks additional penalties such as a prohibition on engaging in the professional activity during which the offense was committed.

Please note

If the author has attempted to sell you a property from a fake sales site but has not succeeded, he/she is liable to the same penalties as if the sale had been concluded. This is called attempted fraud.

Legal person

The author of a fake commercial website is liable to a fine equal to €1,875,000.

It also faces additional penalties such as posting the court decision in print or online.

Please note

If the author has attempted to sell you a property from a fake sales site but has not succeeded, he/she is liable to the same penalties as if the sale had been concluded. This is called attempted fraud.

Fraudulent listing

A fraudulent advertisement is an offer to sell, posted on the Internet, by a malicious individual who is aware that the good does not exist or is unsaleable.

The fake seller is liable even if he uses a website serving as an intermediary between people (example: Leboncoin, Ebay, Ventilated).

FYI  

The very large online platforms (e.g. Amazon, Apple, Instagram) have an obligation to collect information about professional sellers who post ads on their site. If necessary, they must provide you with this information so that you can hold these sellers accountable.

If you are the victim or witness of a fraudulent sale advertisement, you can report it to THESEE investigators. You also have the option of reporting to the host of the site on which this ad appears.

Reporting on THESEE

You can report a fraudulent ad from the platform THESEE: titleContent. This approach is open to adults and minors.

Report a scam to the classified ad (fake seller) - THESEE

3 conditions are required for the alert to be admissible:

  • You've never met the perpetrator. Relationship must be virtual
  • The order has never been received and you are unable to contact the seller
  • The seller asked you for money. It is not necessary that a payment and/or collection has taken place

Reporting is not a complaint. It consists solely in informing the investigation services of theThe offense and to provide them with information to identify the perpetrator.

If you report a fraudulent listing, you will not be kept informed of the outcome of your report.

Reporting to the site host

The hosts must put in place reporting mechanisms to alert them to the publication of illegal content on a website or a online platform (example: social networks).

This device must be visible and accessible to all.

As a victim or witness of content unlawful, you can report using this device.

As a result of this report, hosts must immediately :

  • Notify competent authorities (e.g. public prosecutor)
  • Remove or block access to illegal content

Hosts that do not provide for such a mechanism or that do not comply with their obligations are subject to criminal sanctions.

Please note

Some hosts have their own reporting mechanisms. This is the case for social networks such as X (formerly Twitter),Facebook,Instagram, Snapchat, TikTok.

If you have responded to a sale ad on the Internet and you have never received the ordered good, you can file a complaint against the author of the ad (natural person or legal person). If you don't know his identity, you can file a complaint against X.

In general, the complaint can be filed online through THESEE: titleContent.

However, if the required conditions are not met, you can file a complaint with a police station, a gendarmerie brigade or the police public prosecutor.

FYI  

The deadline for filing a complaint is 6 years from the date of the last act ofswindle (example: the day of the last money remittance).

Online (on THESEE)

You can file a complaint online from THESEE: titleContent.

File a complaint for a scam ad (fake seller) - THESEE

3 cumulative conditions must be met before you can deposit complaint in this online service:

  • You've never met the perpetrator. Relationship must be virtual
  • You have never received the item and cannot contact the seller
  • The seller asked you for money. It is not necessary that a payment and/or collection has taken place

As soon as your complaint is validated by professionals in this online service, you receive an information notice in your personal space “Service-Public.fr”. This notice gives you information on the follow-up to your complaint, the assistance you can receive (e.g. assistance from a lawyer) and the means to obtain compensation.

You are also informed in case of identification and arrest of the perpetrator.

FYI  

If you are a minor, you cannot file a complaint on THESEE: titleContent.

On the spot

To file a complaint, you must go to a police station or to the gendarme of your choice.

Who shall I contact

Police or gendarmerie services are obliged to register your complaint if you are a victim of an offense.

FYI  

If you do not know the perpetrator, you can first file a pre-complaint online.

Online Pre-Complaint

This pre-complaint must be signed at the police station or gendarmerie you have chosen. During this interview, you can optionally bring new elements. After the signature, the complaint is filed.

At the end of your hearing by the police or gendarmerie, you receive a receipt and a copy of your complaint if you request it.

Filing a complaint leads to a police investigation that can result in the conviction of the person behind the advertisement fraudulent.

If you constitute yourself civil party, you can get damages.

Please note

If you are a minor, you can report the facts at the police station or gendarmerie brigade of your choice.

If you wish to obtain the author's conviction and compensation, it is necessary to take civil action. To do this, you must obligatory be accompanied by your legal representatives (e.g. your parents).

By postal mail

You can file a complaint with the public prosecutor.

To do this, you must send an email to the court of law of the place of the offense or of the domicile of the offender.

Who shall I contact

Your mail should include the following:

  • Your marital status and full contact information (address and telephone number)
  • Detailed account of the facts, date and place of the offense
  • Name of the alleged perpetrator if known (otherwise, the complaint will be filed against X)
  • Name and address of any witnesses to the offense
  • Description and provisional or definitive estimate of the damage
  • Your proof documents: medical certificates, work stoppages, miscellaneous invoices, findings...
  • Your eventual willingness to become a civil party

You can use the following mail template:

File a complaint with the public prosecutor

You can send your complaint by registered letter with acknowledgement of receipt, by simple letter or by letter followed.

A receipt will be given to you as soon as the Public Prosecutor's Office has registered your complaint.

The filing of a complaint leads to an investigation that can result in the conviction of the author of the advertisement fraudulent.

If you constitute yourself civil party, you can get damages.

Please note

If you are a minor, you can report the facts, in writing, to the public prosecutor.

If you wish to obtain the author's conviction and compensation, it is necessary to take civil action. However, to do so, you must obligatory be accompanied by your legal representatives (e.g. your parents).

The publication of a sale announcement fraudulent constitutes a swindle.

The offender may be sentenced by the correctional court.

The penalties incurred by a natural persons are different from those that a legal person.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Natural person

The author of a false sale advertisement shall be liable to:

  • 5 years in prison
  • €375,000 fine

It also risks additional penalties such as a prohibition on engaging in the professional activity during which the offense was committed.

Please note

If the author has posted a false advertisement but has not been able to sell you the property on it, he is liable to the same penalties as if the sale had been concluded. This is called attempted fraud.

Legal person

The author of a false sale advertisement shall be liable to a fine equal to €1,875,000.

It also faces additional penalties such as posting the court decision in print or online.

Please note

If the author has posted a false advertisement but has not been able to sell you the property on it, he is liable to the same penalties as if the sale had been concluded. This is called attempted fraud.

Deceptive marketing practice

A deceptive marketing practice is a maneuver by a trader to induce a consumer to purchase a good or service on the basis of deceptive elements such as lying, concealing important characteristics (e.g. composition of the product) or manipulation.

A deceptive marketing practice is a offense once it has been implemented or produces effects in France.

Warning  

L'Arcom (ex-CSA and Hadopi): titleContent may require internet browser providers (e.g. Google Chrome, Safari) to publish a clear and legible message to warn internet users that they are about to land on a fraudulent website. The message will link to an official state website.

If you are a victim or witness to a deceptive marketing practice, you can report it to the DGCCRF: titleContent. You also have the option of reporting to the host of the site concerned.

Reporting to DGCCRF

You can make your report on the Directorate-General for Competition, Consumer Affairs and Fraud Prevention.

This online approach is open to adults and minors.

Conso Signal: Report a Problem with a Merchant

You are required to provide:

  • The Internet address (URL) of the target site
  • A detailed description of the facts (supported by supporting documents such as an invoice)
  • Some personal information (name, first name, email address)

The DGCCRF: titleContent may order the trader concerned to comply with his obligations or to put an end to the misleading commercial practice. It may also impose penalties on traders who do not comply with its instructions.

FYI  

The DGCCRF: titleContent cannot require the trader to compensate you.

Reporting to the site host

The hosts must put in place reporting mechanisms to alert them to the publication of illegal content on a website or a online platform (example: social networks).

This device must be visible and accessible to all.

As a victim or witness of content unlawful, you can report using this device.

As a result of this report, hosts must immediately :

  • Notify competent authorities (e.g. public prosecutor)
  • Remove or block access to illegal content

Hosts that do not provide for such a mechanism or that do not comply with their obligations are subject to criminal sanctions.

Please note

Some hosts have their own reporting mechanisms. This is the case for social networks such as X (formerly Twitter),Facebook,Instagram, Snapchat, TikTok,.

If you are a victim of deceptive marketing practice, you can file a complaint by going to the police station or gendarmerie of your choice. You can also file a complaint by writing to the public prosecutor.

The deadline for filing a complaint is 6 years from the day on which the deceptiveness became apparent or could be ascertained.

Example :

A bank’s marketing brochure promises customers a triple return on their investment relative to the money they have invested. After several years, customers realize that no return on investment can occur. In this case, they can file a complaint as of the day they discover that the marketing brochure was misleading.

On the spot

To file a complaint, you have to go to a police station or to the gendarme of your choice.

Who shall I contact

Police or gendarmerie services are obliged to register your complaint if you are a victim of an offense.

At the end of your hearing by the police or gendarmerie, you receive a receipt and a copy of your complaint if you request it.

The filing of a complaint leads to a police investigation that can result in the conviction of the person benefiting from the deceptive marketing practice.

If you constitute yourself civil party, you can get damages.

Please note

If you are a minor, you can report the facts at the police station or gendarmerie brigade of your choice.

If you wish to obtain the author's conviction and compensation, it is necessary to take civil action. However, to do so, you must obligatory be accompanied by your legal representatives (e.g. your parents).

By postal mail

You can file a complaint with the public prosecutor.

To do this, you must send an email to the court of law of the place of the offense or of the domicile of the offender.

Who shall I contact

Your mail should include the following:

  • Your marital status and full contact information (address and telephone number)
  • Detailed account of the facts, date and place of the offense
  • Name of the alleged perpetrator if known (otherwise, the complaint will be filed against X)
  • Name and address of any witnesses to the offense
  • Description and provisional or definitive estimate of the damage
  • Your proof documents: medical certificates, work stoppages, miscellaneous invoices, findings...
  • Your eventual willingness to become a civil party

You can use the following mail template:

File a complaint with the public prosecutor

You can send your complaint by registered letter with acknowledgement of receipt, by simple letter or by letter followed.

In any case, a receipt is given to you as soon as the Public Prosecutor's Office has registered your complaint.

The filing of a complaint leads to an investigation that may result in the conviction of the recipient of the deceptive marketing practice.

If you constitute yourself civil party, you can get damages.

Please note

If you are a minor, you can report the facts, in writing, to the public prosecutor.

If you wish to obtain the author's conviction and compensation, it is necessary to take civil action. However, to do so, you must obligatory be accompanied by your legal representatives (e.g. your parents).

A person who benefits from a deceptive marketing practice may be sentenced by the correctional court.

The penalties incurred by natural person are different from those that a legal person.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Natural person

Deceptive marketing practices on the Internet are punishable by:

  • 5 years in prison
  • €750,000 fine

The perpetrator may also be sentenced to additional penalties such as the prohibition of the professional activity in the course of which the offense was committed.

Legal person

A person who benefits from a deceptive marketing practice is liable to a penalty of €3.75 million.

It also risks additional penalties including publication of the court decision in the print media or online.

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