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From: larry@kitty.UUCP (Larry Lippman)
Newsgroups: net.consumers
Subject: Re: Re: Filing a Complaint
Message-ID: <719@kitty.UUCP>
Date: Fri, 17-Jan-86 09:05:56 EST
Article-I.D.: kitty.719
Posted: Fri Jan 17 09:05:56 1986
Date-Received: Mon, 20-Jan-86 06:34:14 EST
References: <42400010@gypsy.UUCP> <1733@hammer.UUCP>
Organization: Recognition Research Corp., Clarence, NY
Lines: 44

> 	"Can someone tell how to go about filing a complain with the
> 	postal inspector for a company that advertises falsely?  I
> 	suspect that there is some special form or application that I
> 	would need.  Any insight into this matter would be greatly
> 	appreciated."
> 
> An example of fraud that is *not* mail fraud is seeing an ad in Byte
> magazine, phoning in a credit card order, and never receiving the item.
> The postal service can't help you there, but the FTC can, although
> they're harder to get moving.  Of course, the threatening tactic may
> still work here.

	Ah, but it is still ANOTHER kind of fraud, called "fraud by wire",
which is a federal crime of violating U.S. Code Title 18 Section 1343.
This law could be applied if the ad was part of a fraudulent scheme to
obtain payment for merchandise, but with no intent of actually delivering
the merchandise.  From a legal standpoint, it is not easy to prove fraudulent
"intent", but it is possible.  Also, it is necessary that the telephone call
be interstate in nature (which should still cover many cases).
	To bring a complaint of wire fraud, you should contact the closest
office of the United States Attorney and/or the FBI.  Quite frankly, neither
agency is going to be very motivated if a small amount of money is involved,
but if you persist, you may get results.  At least, however, the company
failing to deliver the merchanidse will know that they COULD be in serious
trouble, and that COULD motivate them to send the merchandise.
	One word of caution: neither the U.S. Attorney nor the FBI want to
be used as a "collection agency".  If you are going to make a complaint, be
serious about it, and stick with it - even if the merchandise is later shipped.
If the U. S. Attorney or the FBI then suggest that you drop the matter, then
that is fine.
	With respect to the Federal Trade Commission, the FTC is primarily
concerned with manufacturers, distribution methods set up by manufacturers,
and advertising/product claims of manufacturers; the FTC is not too interested
in a independent mail order organization who simply fails to send merchandise, 
and the FTC may have no jurisdiction at all, depending upon circumstances.
	In any event, if you can't get 'em with the Postal Inspector, you can
probably get 'em with the U.S. Attorney (FBI).

==>  Larry Lippman @ Recognition Research Corp., Clarence, New York        <==
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