Criminal lawPractical guidesBeware of irresistible offers: the fake-ad scam that makes you lose money

We live in a digital age in which online shopping has grown exponentially. That growth has produced a series of scams in financial transactions that can put your money and personal data at risk. One of the most common is the fake-ad scam, which uses social media and e-commerce platforms to attract victims.

What does this scam consist of?

Scammers create attractive advertisements promoting products at incredibly low prices. They may use images of real products, but once the buyer makes the payment, the item never arrives. In some cases, the product that does arrive is of inferior quality or completely different from what was advertised. Imagine an ad on social media offering the latest smartphone at a price that seems too good to be true: you click the link, complete a simple payment process and wait for your purchase; weeks later you receive an empty package or a completely different item. The online shop is fictitious and the money has vanished.

How to protect yourself

Research the shop: before buying, look for reviews and opinions about the retailer. Check the web address: make sure the shop has a secure site (beginning with https) and that the URL is correct, since scammers often use domains that resemble the real ones. Be wary of prices that are too low: a price significantly lower than in other shops is a warning sign, and comparing prices helps to identify suspicious offers. Use secure payment methods offering buyer protection, such as PayPal or credit cards, which allow disputes in the event of fraud. Check the return and shipping policies: scams usually lack this information or have very restrictive policies. Be wary of urgency: fake ads use tactics such as “only five left in stock” or “limited-time offer”. Look for the privacy policy and legal notice: every website must state who is behind it, with contact and registration details; distrust sites that do not display this mandatory information.

Can you recover your money?

Yes, in many cases it is possible to claim back money lost to an online scam, although success depends on several factors. Contact your bank or payment provider: if you paid by credit card or through a service such as PayPal, dispute the charge, since most institutions have buyer-protection policies; act quickly, as there are often specific time limits for filing a dispute. Gather evidence: keep all communications, emails, receipts, screenshots of the ad and any other proof that you were the victim of a scam, and note the dates of the transactions and any attempt to contact the seller. Report the scam: file a complaint with the National Police or the Guardia Civil and, where appropriate, with the consumer protection authorities. If the amount is significant and you do not obtain satisfactory answers from your bank or the authorities, consult us: we have lawyers specialising in fraud and consumer rights.

Although recovering the money is never guaranteed, acting quickly and following the right steps increases your chances of success. Always verify before you buy.

Reporting the advertisement and the seller

Every classified-ad platform has a procedure for reporting fraudulent listings, and using it serves two purposes: the advertisement is removed so that no other person falls for it, and the platform preserves the account data, IP addresses and payment details linked to the seller, which the court may later request. The report should be filed with the platform in addition to, and not instead of, the criminal complaint, and it is advisable to save the listing, the seller’s profile and the full conversation before doing so, since the content disappears once the account is blocked. Where the photographs of a flat or of a product were taken from a genuine listing, the real owner is also a victim and may be contacted to confirm the fraud.

Recovering the payment: deadlines that matter

The chance of recovering the money depends on the payment method and on speed. Card payments may be disputed through the chargeback mechanism of the card scheme, requested through the issuing bank; the schemes set time limits counted from the transaction, usually of no more than a few months, so the request must not be delayed. Instant transfers and mobile payment applications have no chargeback, but the bank may issue a recall request to the receiving bank, which succeeds only while the funds are still in the account. Payments made through the platform’s own protected payment system are usually refundable if the dispute is opened within the platform’s window. Payments in cash, by cryptocurrency or through money-transfer services are practically irrecoverable, which is why the scammer insists on them.

The criminal route and the consumer route

The fake advertisement is fraud under Articles 248 to 250 of the Criminal Code, with imprisonment of six months to three years when the amount exceeds four hundred euros and up to six years and a fine in aggravated cases, such as when the scheme affects a large number of people. The complaint may be filed with the National Police, the Guardia Civil or the duty court and should include the civil claim for the sum lost. Where the seller is a genuine business that has simply failed to deliver, the dispute belongs to consumer law: complaint with the regional consumer authority, the voluntary consumer arbitration system or a civil claim. Our firm advises foreign residents in Madrid and Alicante in English and French on which route applies to their case and prepares the complaint with the complete documentary record.

Frequently asked questions

What should I do first if I have paid for a product that never arrived?

Dispute the charge with your bank or payment provider immediately, keep all the evidence and report the fraud; the first hours and days are decisive.

Is a website with https always safe?

No. The padlock only means the connection is encrypted; scammers also use https. Check the domain, the legal notice, the reviews and the payment methods.

Which offence is this in Spain?

Fraud under Article 248 of the Spanish Criminal Code, which expressly includes fraud committed by computer or telematic means.

Should I report the fake ad to the platform or to the police?

To both. The platform removes the listing and preserves the seller’s data, while the criminal complaint allows the court to request that data and to order the blocking of accounts.

Can I get a chargeback on a payment made by instant transfer?

No. Chargeback exists only for card payments. For transfers and mobile payment applications the bank may issue a recall request, which succeeds only while the funds remain in the receiving account.

Related guides

• Online shopping scams in Spain: how to claim and recover your money
• Recovering money from an online scam in Spain
• Article 248 of the Spanish Criminal Code

This article is informative in nature and does not constitute legal advice. For a specific case, consult a lawyer.