[Noir]

thx beav, for exposing me to more good info. i've been reading the ftc site and the mail fraud stuff. it would be mail fraud if it was done on a larger scale. i hardly think that 2-3 instances is good enough to nail that kid. the usps also says that it would investigate and prosecute mail fraud, but it's aim is to cease schemes, not refund you for you items, money, or services.

from the ftc.gov site, i'm trying to find where it houses the exact definition that they use for 'merchant'. because if you can prove this 16-17 year old kid is not a 'merchant' then he's clear blue.

they have regulations regarding auctions because of the abuse, but it's easy to solve those problems by making the auction sites follow their regulations. when you create a account at a auction site, you are asked to abide by the rules or else. that's what is held against the seller and buyer. in david's case, it more than likely won't apply.

just like you have rules regarding used auto sales for dealerships but not private sales, on the ftc sites it states that they can't solve individual problems, but they can try to stop fraudulent schemes and practices. but the problem is that it is an individual/individual issue not a business/individual issue. it would all be based on is david considered a 'consumer' and is the kid considered a 'merchant'.

i believe his only chance is with small claims court. unfortunately it will have to be in california because that is where the source is (you have to take it to the business's county). the only problem is the expenses that you will need to actually go out there to prosecute the kid. that lies another issue. if the kid is 16-17 it may get thrown out, but you maybe able to seek out his parents because they are responsible for their child's actions.

david may be able to win the case, but he will spend more than he will get back. so i guess it's a lost cause because small claims typically only reward the amount that was involved. he would have to sue the kid again for expenses for sueing him in the first place all over again.

looks like david will lose alot more than 1k for that tranny if he tries to sue him. i'd like to know what other options appear for you david just to further my limited understanding.