fraud and scam against Afremov


Leonidafremov's avatar
Dear Friend Hello,

I’m the artist Leonid Afremov, I would like to share with you a little story that keeps happening to me almost every month. As you all know, I make 99% of my sales online. In most cases I receive credit cards as the form of payment. Every month I have at least 2 or 3 customers that scam me by abusing the online sales protection system that card companies offers. In my opinion, such abuses are straight examples of online fraud and scam committed against the seller.

Customers purchase art from me and pay by credit card. Then after they receive the paintings, they call their credit card company and ask for a charge back saying they never received the paintings. The credit card company immediately gives them the money back. My ecommerce takes the money from my account as soon as it happens and forwards it to the credit card company. Although, I have a UPS tracking number proving delivery, the customer claims that he/she never received the merchandise paid for. With the online sale protection system, there is barley any chance to win such a dispute. I can only say that I repeatedly become a victim of scam and fraud by customers online. In a few cases, I tried to report this fraud and scam to the police and the FBI, but the law is on the customer’s side always.

Especially with American Express that allows charge back up to 11 months from the transaction. I had a couple customers scam me and cancel 8 months after the delivery. I would be fine with the cancelation if the customer returned the paintings, but they claim they never got anything and decide to scam me and the online trading system. When I send them delivery confirmation from UPS , they deny the delivery and say nothing ever arrived and say it’s not their signature on the confirmation. They basically steal my paintings that I invested my soul into. This is unacceptable online fraud and scam against me, artist Leonid Afremov. Sometimes customers are being jerks and write on compliant sites about me saying they never got their paintings, when the actually have the paintings and the money refunded. I feel completely vulnerable and unprotected from this type of fraud and scam, especially when such scam also affects my reputation.

Please advice, How can I protect myself from such fraud and scam. What can I do? Maybe someone has experience with this and can give me advice.

Best Regards,
Leonid Afremov
Comments128
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vill's avatar
well such behavior is equal to stealing, you can call the police for that. Let the deliever company get sign from a man whom your art to deliever. I mean if few people come to court and will be punished. You also can write special note about it. So they will think twice before they did such shit.
g1i7ch7heory's avatar
Maybe you shouldn't take credit, only direct debits? >>; I dunno, but that's messed up.


I do love your work though; if I could ever find the ability to paint, or found the ability to color things at all, then I'd definitely want to paint in a style similar to yours - and generally speaking, I don't like impressionists, with one or two exceptions. xD You use the brightest colors and portray the world in a fantastic light. There's not a prettier portrayal of the world than yours. :3

And when I find the money, I'm going to buy your paintings, because they are that beautiful. xD And there aren't many artists I would say that for.
kemuff's avatar
Well you said that especially with American Express you get the worst results.. don't do business through them anymore?
maybe you should set certain rules in order for the customer to order something.. set any kind of resonable rule that would give you hardcore evidence that could go against a customer that tries to scam you. You're the artist, you're the one selling your art, can't you make some kind of official rules?
i understand why you would do business online but try to be less dependent on online resources if you can
or maybe sell your work through a different website?

i don't know.. im not a professional or anything but i hope this gives you some ideas
i'm really sorry about the scams and all, i don't understand how people would do that :(
BrianLukArt's avatar
Some people are suggesting paypal as the middle man. There policy is just as unbalanced and as unsafe. The buyer can charge back after actually receiving the item regardless of mail tracking. People can steal your item and still get a full refund at your expense. There many people who got stuck in a similar situation as you using paypal/ebay.

There are always art rep, but they take a large cut of sales percentage.
Esteryn's avatar
Maybe someone else gets the painting, if the post company gets the address wrong and gives it to the next door ? Try to see if you can get some kind of safer delivery method. I don't know in US but in my country, if you pay a bit extra, your item is protected in case it is lost or wrongly delivered, you may have the same service in your country ? Otherwise what would be best, would be a signed WITH ID proof delivery (we have to give ID card here to prove we are the right person on signed deliveries and the post person writes down the number so if it's wrong, then you're insured, if it's right, the person HAS to pay you). Because indeed, signatures 's not much use as the post person don't know if it's the right person anyway.
jon-rista's avatar
I would find a way of selling your work online with a broker that provides escrow protection. I think both PayPal.com and Escrow.com provide this service, wherein they act as an intermediary between you and the customer, ensuring both your needs (proper, verified, final and irreversible payment) as well as the customers needs (timely and guaranteed delivery) are BOTH met. Escrow services allow you to avoid exactly the kind of credit card fraud you are experiencing. Now, I am not sure exactly what kind of fees you may be paying right now for whoever is currently handling your online credit card processing, but PayPal takes about 2.2%-2.9%, and I am not sure what Escrow.com takes...probably something in the same ballpark. I don't know what you generally sell your paintings for, but from what I've seen of your artistic style, I imagine a fair penny of a few grand a pop? At such prices, a 2.5-3% fee is going to cost you around $125-$150 for a $5000 sale (as an example). That may seem like a lot...however, if you are getting scammed about 2-3 times a month on such sales, thats a trade of a flat out loss of $15,000 for a cost (of doing business) of only $450! Even if you are selling your beautiful work for less, say $2500, you are trading a possible loss of $7500 for a much smaller cost of doing business of merely $225. There is an added intangible "cost" in that you do not get funds deposited until the intermediary handling escrow verifies that you sent the item and it arrived in tact, however even that is still likely preferable to simply losing money every single month on a percentage of your sales. With an escrow intermediary, you should have more leverage against customers as well, since you should be on equal footing as far as who has a chance to win any dispute (unlike credit card companies these days, which default to catering to the customer and put all the burden and cost of proof otherwise on the seller, due to the explosion of sales scammers and other forms of fraud these days.)
austinlady's avatar
I am so sorry to hear about people cheating you and getting away with it. I love your paintings can't afford to buy them but I love looking at them on Deviant Art.
kailover101's avatar
I haven't read all the comments so I can't be sure if you've already gotten such advice, but I'd suggest that if the cost of the paintings are a good sum, you have all the information and tracking number on the purchase and delivery, than go get an attorney involved. Most give free consultations and plenty attorneys, in suing cases, will merely take a percentage of the amount you gain (again, it would have to be a good amount of money owed).
Other than that I'd see about doing all you can to get a sort of protective agreement in your favor. Basically stating that if you buy it, that's that regardless of whether it gets to them or not. That's the risk of buying things from the internet.

Well that's my 2 cents worth. Good luck!
Sekai-Okami's avatar
Perhaps you can add a contract to your sales stating that all sales are final, you are not responsible for lost or stolen paintings while in transit, and refunds will only be given if the painting is first returned. No painting, no refund. When a customer goes to check out they must agree to the contract each time, kind of like an electronic signature. I see that you have a log in feature on your website. That would be the easiest way to keep track of the customers. At least then if you've mailed out the painting and had tracking and confirmation on it and they decide to try a scam, you then you have a contract, proof of agreement, stating that they understood the rules when it comes to purchasing art from you. It is also more legally sound and should hold up in court.

I don't really know how to set up a contract like that on the web. Perhaps at the bottom of the contract agreement you have a set of random numbers and the customer has to enter them in to verify that they understand the rules. Similar to the capcha feature on most secure websites.
I wouldn't try to get official signatures as you can't verify if that's really the signature.

I hope that was helpful and I'm very sad to hear that people are doing such a thing to you. I wish you the best of luck in solving this dilemma.
mazoku-chan's avatar
ohkai's avatar
i like this idea
midorichilde's avatar
This is really unfortunate, but your doing pretty much everything right. :( The only other thing you could do is request casheers checks, maybe even do COD ( cash on delivery )
saartha's avatar
I own a piece made by the OP. It's a shame that such a great artist is getting ripped off like this.
sentient-zombie's avatar
HOLLY CRAP, it's really you. Your work is awesome.

But unfortunately, this is more of a forum where teenagers whine about school and such... we're not good with this kind of problems.
As the description says, don't expect anything to change.

And my country doesn't have internet shopping so I know nothing of it, sorry.
theartistenrique's avatar
It is a tough business, us artist are in... we are always being subjected to scams and untrustworthy people... All I can say is that you can use paypal as the go between and as soon as money is in your paypal account, you transfer it over to your bank account... that way their is no money to request back... and of course you have proof of delivery as your backup by them having to sign for the painting... You have reciepts of sending the artwork and a confirmation by signature... so you come out winning I think... just gotta be quicker than they are is all... :)
Numbe-Del-Cielo's avatar
can't you talk to the credit companies and explain what's going on and get some kind of game plan for this? Since you said you already went to the police then i can assume you already know all the legal stuff about credit protection and all that. Is there any loophole or a way in which you can prove they got the painting?
tehbigd's avatar
hmm, do you live in Mexico? That would make small claims hard, and explains some of the reason why the credit card companies repeatedly side with customers (there's a lot of credit card fraud that goes on from Mexico). Have you tried using an escrow service? They act as intermediaries between you and your customer, ensuring that you receive payment when your customer receives their goods.
EnigmaticArsenic's avatar
Have you tried ensuring the packages with UPS? It's an additional cost, but it might help-- that way, if a customer claims they never received a painting and demand their money back, you can go to UPS with the complaint and recover your losses. Also, if the customer happens to be lying and you have their signature to prove the package was indeed delivered, UPS might be more willing to investigate the claim on your behalf or provide an affidavit to the credit card company saying the painting was successfully delivered.

Unfortunately, most police departments are too small and would be ill-equipped to handle these sorts of crimes, and the FBI isn't liable to step in unless your losses exceed a certain amount and can be attributed to a single individual or group that they can prosecute.

Otherwise, you could always try paypal as others have suggested.
nomorelogo's avatar
Why don't you change bank account?
yeaiknowimaloser's avatar
Don't accept payment by credit cards. Do mail in orders. People can order online, but they have to send a cash or check payment (eliminate the credit card option) and once you receive your payment, mail them their paintings.
MaraDoll's avatar
My only advice would be to maybe not let your stuff be sold through this site, but it may possibly happen through another site too. That is such a horrible thing to happen to you, especially since you are such a wonderful artist. I'm very sorry that is happening and I hope someone has a better idea than I did.
TiaoLiuChuan's avatar
If I were in your position I would certainly re-consider selling artworks online. You are extremely talented, and I'm sure you would have no problem selling off-line, that way you wouldn't get scammed.
STL-After-Dark's avatar
Hello Leonid

Let me start by saying I love your work, you are indeed a very talented artist.

On the subject of these frauds being perpetrated against you, I do tend to believe the scenario just as you have explained it in your writings. Greedy people taking advantage of a flawed system too receive your artwork for free (in a round about way).

My one question is … why don’t you purchase the insurance offered by the postal company? I assume that if a recipient claims that they didn’t receive a package, you could simply file your own claim against the insurance that you purchased at the time of the delivery?

I’m going to make an assumption here that you have already exhausted this route and that there is simply some loophole that I’m not thinking of. And also take this opportunity too say that I think that you are talented enough at this point that a gallery would take your work on and sell it for you at the gallery … cutting out the postal system entirely.

Paul
Wulff-Arts's avatar
I wouldn,t sell anything on line, there are too many scams I hear about!