BlackBook Thesis
BlackBook Thesis
1.1 Introduction:
Scams In India
India being a highly diverse economy, with a rapidly proliferating digital space, has
witnessed many scams ranging from financial crimes to cybercrimes. Scams have been
detrimental not only to individual victims and businesses but have also eroded the confidence
of the common man in the institutions. Loopholes in the system are utilized in these scams to
lure innocent victims with false promises, causing great monetary losses to the diverse pool
of scams.
Broadly speaking, scams in India are classified as financial scams, cyber frauds, real estate
scams, investment frauds, and government corruption scandals. Some of the well-known
financial scams, including the Harshad Mehta stock market scam (1992), the Nirav Modi-
PNB Scam (2018), and the Vijay Mallya bank fraud case, have surfaced indicating some
systemic weaknesses in the regulatory frameworks. Similarly, digital scams such as phishing,
UPI frauds, and online Ponzi schemes have grown in number since the digital payment and e-
commerce industry opened its doors in India.
Some of the reasons responsible for the increase of various scams in India include lack of
public awareness, poor enforcement of the laws, loopholes in financial systems, and the
involvement of big names. The concerned authorities, such as the Enforcement Directorate
(ED), the Central Bureau of Investigation (CBI), and the Reserve Bank of India (RBI), are
working hard to contain the activities related to fraud. With changes in technology, these
fraudsters have also modified their techniques, thereby making it difficult for the
investigations to keep pace.
Awareness programs, stricter financial regulations, and better digital security measures are
required to curb scams. Thus, fighting against scams is vital in asserting confidence in the
system and providing a secure financial environment for individuals and businesses as the
economy in India rises and technology advances.
Meaning
A scam can be defined as a scheme carried out with fraudulent intent to cheat an individual,
corporation, or institution out of monetary gain, personal advantage, or other unethical
benefits. Scams can involve the various methods of shamming or tricking victims into
believing false claims, making wrongful financial decisions, or divulging confidential
information that can then be used for wrongful gains.
Scammers employ sophisticated tactics, exploit loopholes in law or systems, and utilize
psychological tricks to perpetrate their schemes. Often, the fraudulent activities can take the
form of financial fraud, cyber scams, Ponzi schemes, phishing, or investment fraud.
Definition
A scam generally refers to any one of a variety of schemes that are malicious or greedy in
their intent to cheat the individual, business, or institution out of money, assets, or sensitive
information by means of some dishonest activity. Indeed, frauds are mostly based upon some
proven common features-they may promise something that is quite impossible to fulfill or
practically impossible-or involve manipulation against the will of the other party-and the
realization of unlawful economic or personal gains.
a) Door-to-Door Scams
Scammers would dress up as salesmen, religious missionaries, or even government officials
and ask people to give them money or valuables. These types of scams used a lot of
psychological manipulation and persuasive communication.
Example: Fake salesmen convincing homeowners to buy non-existent insurance policies or
fraudulent home improvement services.
Example: "Your account has been suspended! Click here to verify your identity." Victims
would be forwarded to a phishing banking login page.
Example: "Dear Friend, I am a Nigerian Prince who needs your help transferring $10
million. If you assist me, I will give you 10% of the funds."
Example: A new iPhone for a ridiculously low price, requesting that the money be paid
through Western Union, and then gone.
Example: In 2005, TJX Companies data breach resulted in leakage of 45 million credit and
debit card numbers due to weak encryption of their payment systems.
Example: In 2019, criminals used AI-generated audio to impersonate the CEO of a UK-based
company, convincing an employee to transfer €220,000 to a scammer's bank account.
Consumer fraud comes in many forms, each exploiting a different vulnerability in the
individual. These frauds range from simple deception in sales to highly sophisticated
cybercrimes that steal sensitive information. The major types of consumer fraud are discussed
below, explained in detail with real-world examples.
Phishing Scams
Phishing refers to a type of fraud whereby fraudsters disguise themselves as actual
businesses, banks, or government agencies to deceive consumers by revealing their personal
and financial information. This trick usually appears in the form of emails and sometimes
messages, calls, and a parody of websites purported to steal login identities, credit card
numbers, or identity details.
Example -
Google & Facebook Phishing Scam
Between 2013 and 2015, a Lithuanian scammer tricked Google and Facebook into
transferring over $100 million by sending fake invoices while pretending to be a legitimate
business partner. Employees fell for the phishing emails, leading to the loss of millions.
Identity Theft
Identity theft is an act in which a criminal takes personal information (social security number,
Aadhaar number, bank account details, or password) for the purpose of fraud, credit lines, or
illegal transactions in someone else's name.
Example –
The Equifax Data Breach (2017)
One of the largest identity theft incidents occurred when hackers stole sensitive personal
information (including social security numbers and credit history) of 147 million Americans
from Equifax, a major credit reporting agency. Victims faced financial fraud, unauthorized
credit card transactions, and identity-based scams.
Fake Brand Websites: Scammers replicate the websites of well-known brands with slight
modifications in the domain name.
Social Media Sales Scams These rogue vendors sell luxury goods through Instagram and
Facebook, enticing customers to send them payments but never delivering any product.
Drop shipping fraud: Some dishonest sellers take payments but do not place orders, and
customers wait endlessly.
Example
Torres Jewellery Scam
Torres Jewellery was an online store that advertised premium Jewellery at discounted
prices. Customers placed orders but never received products. The company disappeared,
leaving behind thousands of victims.
Example –
The Bernie Madoff Ponzi Scheme
Bernie Madoff ran the largest Ponzi scheme in history, stealing nearly $65 billion from
investors over decades. He promised consistent profits but was actually using new investors'
money to pay off older clients. When the scam was exposed in 2008, thousands of people lost
their life savings.
Consumer fraud is constantly evolving, with scammers developing more sophisticated and
deceptive tactics to exploit individuals. From phishing and identity theft to fake e-commerce
sales and ransomware attacks, consumers must remain vigilant. Governments, businesses,
and individuals must work together to implement stricter security measures, raise awareness,
and report fraudulent activities.
1.4 What are the Impact of Consumer Fraud
1.Financial losses to Consumer
Direct financial losses
The most evident consequence of consumer fraud is the loss of money in direct form by the
victim. The amount of losses varies from case to case and the scale of the scam.
Family Stress: In cases where a family member has been the target of a fraudulent
investment or romance scam, there may be stress in relationships due to the financial
hardship caused by the victim's actions.
Social Stigma: People who fall into the trap of scamming are socially stigmatized,
especially if the scam had romantic or personal undertones. They tend to feel
embarrassed and judged by their peers, and thus become reclusive in society.
4. Prevention and Recovery Costs
Cost of Fraud Prevention
The increasing sophistication of fraud calls for investments in preventive measures by
businesses and consumers to avoid the risks associated with fraud.
Businesses: Companies are investing heavily in cybersecurity and fraud detection systems,
such as MFA, data encryption, and AI-powered fraud detection tools.
Consumers: Others must spend some time and dollars to safeguard themselves against
identity theft by having the strongest passwords and identity theft protection services, also
checking their financial statements frequently.
Cost of Recovery
Recovery costs might be high for the fraud victim. This might include hiring any legal
advisor, filing police reports, and paying for credit monitoring services. In addition, all of the
accusers may require significant time and effort to restore their credit ratings or to be cleared
with financial institutions.
Example:
This makes identity theft victims spend months or even years in recovering from the damage
done to their credit history and finances if fraudsters open new accounts under their names.
By 2020, Torres Jewellery had managed to expand its reach in physical stores and online
shopping sites and attracted a massive number of customers across the United States. But
even with all this popularity and prestige, the company was dragged into a scam that attracted
so many complaints from consumers and an investigation by the regulatory authorities.
Price Gouging and Discounts: Customers were targeted by advertisements and social media
where they promised a "limited offer" of an 80% discount on designer goods. Unfortunately,
many customers found the prices listed on the website to be inflated and the actual value of
items sold to be far lower than represented. For instance, the "diamond ring" offered for
$10,000 was available for $2,000 "as the 80% discount." This was a true bargain in reality,
not as represented.
Unethical Business Practices: Several customers found that there were hidden charges added
to the purchase after their initial purchase. These charges were "processing" and "handling"
charges not disclosed at the time of the purchase. Additionally, consumers were informed that
the "free shipping" promotions were only applicable when certain conditions occurred that
were not communicated at the time of purchase.
One of the worst aspects of the scam was when Torres Jewellery lied about the high quality,
conflict-free diamonds and gold they sold. Most customers later found out that the items they
bought were not up to par or matched the description provided. Some cases included lower
clarity and cut in the diamonds compared to the description given for the product.
Unresponsive Customer Service and Refusal to Refund: Consumers who attempted to return
products or request refunds were met with unresponsive customer service or offered partial
refunds often citing terms and conditions that had not been clearly disclosed. Most customers
who called to escalate their complaints said their calls were ignored, emails unanswered, and
refunds delayed for months.
This wave of dissatisfaction caught several consumer rights organizations and regulatory
bodies' attention. Many complaints were filed with the BBB and the FTC regarding Torres
Jewellery's deceptive practices.
False advertising - Torres Jewellery had made misleading representations to customers about
inflated prices of products and artificial discounts.
Breach of warranty - The company had made false representations of warranties on its
products, thus denying consumers the benefit of the same.
Failure to restore refunds - Torres Jewellery was also found guilty of failing to deliver
according to its return and refund policy which was a breach of consumer protection law.
In addition to state-level investigations, federal authorities, including the FTC, became
involved. The company faced significant legal consequences for its misleading business
practices. Torres Jewellery was required to pay substantial fines, compensate affected
customers, and revise its marketing and customer service practices. Additionally, the
company was ordered to implement a transparent pricing strategy and refund affected
customers who had been defrauded.
6. Impact on Consumers
Many consumers lost big money in the Torres Jewellery scam. A few consumers were lured
into buying engagement rings or other high-ticket items, which were way below what they
had been led to believe. The deceptive discounts made them feel they were making a smart
financial decision, only to later find out that they had been misled into overpaying.
In some instances, the improper customer service and slow refund processes caused extreme
emotional distress, especially for those who had bought items for special occasions such as
engagements or weddings.
The scam also led to a breach of trust in the jewelry industry, especially among consumers
who were already wary of online shopping and e-commerce platforms.
Torres Jewellery’s social media presence, once a key marketing tool, was flooded with
negative comments and reviews. The company’s online presence was tarnished, and many
customers publicly shared their negative experiences, amplifying the damage.
Clear Communication: Additional charges, terms, and conditions should always be made
known. Hidden charges and ambiguous refund policies lead to frustration on the part of
consumers and attract penalties.
Customer Protection: Businesses need to adopt the right ethical practices, such as giving
proper warranty, return, and refund policies, and redressing grievances within a reasonable
period of time.
Regulatory Control: Governments and consumer protection organizations are essential for
checking the business's fraudulent activities and preventing misleading consumers.
9. Conclusion
The Torres Jewellery Scam is a warning tale for both consumers and businesses in the retail
and e-commerce industries. It brings out the significance of honesty, transparency, and ethical
business practices in keeping the trust of the consumer and away from legal ramifications.
Learning from this case will help businesses to take proactive measures to protect their
customers and create long-term relationships based on integrity and respect.
Decline in Consumer Confidence: The scam led to a significant loss of trust in the luxury
jewellery market, particularly in online retail platforms. Consumers who had been duped into
buying overpriced or low-quality products from Torres Jewellery became more cautious
about making purchases from other e-commerce or high-end retailers. This led to an overall
decline in sales for jewellery other businesses, especially those relying on similar marketing
tactics.
Competitor Advantage: On the flip side, competitors in the jewellery business who had
transparent pricing and quality increased customer confidence. More customers would
gravitate towards a business that appeared to be honest and transparent. The scam also
allowed competitors to show off their reliable practices to regain the trust of disillusioned
customers.
E-commerce Growth and Backlash: When e-commerce sites in India were booming, the scam
brought about a level of fear about buying products online, especially at a high price. Most
customers started doubting the authenticity of online jewellery stores, which indirectly hurt
the digital retail market.
Refund and Legal Expenses: The firm incurred significant financial losses due to legal fees,
fines, and compensation paid to the affected customers. Torres Jewellery had to provide
refunds, compensate customers who were misled by false pricing and advertising, and face
lawsuits for violating consumer protection laws. All these expenses have a significant impact
on their operating budget.
Impact on Sales: Due to the negative publicity, the sales of Torres Jewellery plummeted
drastically, which aggravated the financial crisis of the company. Their income declined
because people either cancelled orders or stopped purchasing from the company due to lack
of trust in the brand.
Legal Punishments: In addition to all this, there were fines and penalties from the regulatory
bodies, such as FTC and BBB, which further crippled the company financially. The amount
of legal settlement and penalties exhausted their budget completely, and there was a
tremendous loss of long-term financial security.
Long-term damage to the brand: The impact on the Torres Jewellery brand was the worst of
all, with the damage caused to its brand reputation. For years, it had maintained a trusted
image; however, when the scam came to the surface, it was gone, and consumers felt cheated
by buying from Torres Jewellery. In short, a permanent damage had been done to the brand's
image.
Reduced Brand Loyalty: Existing loyal customers, who had shelled out hefty amounts for
something like an engagement ring or an expensive watch, were left dealing with low-quality
products or being denied refunds. This loss in customer loyalty hugely impacted the
business's ability to hold onto the customers it had already acquired.
4. Legal and Regulatory Effects
Stricter Consumer Protection Laws: The Torres Jewellery Scam revealed loopholes in the
Indian consumer protection law and therefore necessitated a stricter regime and tighter
enforcement. Therefore, it became necessary to establish more effective e-commerce policies
and heavier fines on misleading advertising practices. It even led to an examination of
advertisement regulations of luxuries and expensive products to be able to counter false
claims and misleading discounts on such items much better in the future.
Stronger Mechanisms for Monitoring and Controlling Online Retailing Businesses: The case
speeded up the formulation of more effective mechanisms to supervise and check the online
retail businesses. Consumer affairs ministry, and the ASCI, in turn, began keeping a sharper
eye on misleading advertisements and price tag claims that have been put across by various
companies.
An examination of pricing and quality: The scandal heightened the scrutiny of the jewellery
industry's practices on pricing. Consumers became aware of what made up prices, which in
turn resulted in demands for greater transparency in pricing structures across all jewellery
brands. Many jewellery retailers revisited their pricing models and revised clearer marketing
strategies that were honest.
Ethical Sourcing and Certifications: The Torres Jewellery Scam also raised questions about
the sourcing of materials, especially diamonds and gold. Consumers began to question the
ethical sourcing of jewellery materials, and some brands responded by providing greater
transparency in their sourcing practices. This led to a shift toward ethical certifications and
environmentally friendly practices, with some jewellery businesses highlighting their
commitment to conflict-free diamonds and responsible sourcing.
Ampliated Negative Publicity: The scam effects amplified through social media. Negative
reviews, consumer complaints, and influencer retractions went viral to cause a public
backlash. It was not just a reputational hit for Torres Jewellery, but it would affect other
brands in the same industry. The consumer awareness about scams increased immensely, and
through social media, consumers were also voicing out their grievances as well as alerting
others on fraudulent companies.
Rise of Consumer Advocacy Movements: The Torres Jewellery Scam gave rise to an increase
in online consumer advocacy. Twitter, Facebook, and Instagram saw the emergence of
groups and pages dedicated to sharing scam experiences and fighting for better consumer
protection. These online movements pushed for accountability and were instrumental in
spreading awareness of deceptive business practices.
Eroding Consumer Confidence in Luxury Products: The fraud also eroded consumer
confidence in luxury products and services, as such an economy witnessed a rising consumer
expenditure on luxury products. Consumer reluctance to spend on big-ticket items negatively
impacted the market for luxury products and slowed sales for Torres Jewellery as well as
other companies that sold luxury products.
Shift Toward Consumer-Centric Business Models: After the scandal, there was a shift toward
more consumer-centric business models. Companies started focusing on customer
satisfaction, transparency, and ethical business practices. This led to a gradual increase in
businesses that adopted customer-first approaches and clearer, honest communications with
their customers.
Betrayal of Trust: Most customers, especially those who had bought costly pieces for a once-
in-lifetime-occasion, such as an engagement ring or wedding ring, felt emotional pain
because of the scam. The aftermath left them feeling betrayed and angry.
Financial Concerns: The money lost on overpriced, lousy jewellery brought anxiety and
remorse. Others found it rather difficult to be reimbursed, thus providing long-term financial
pressures.
Layoffs and Reduced Workforce: Due to sales decline and financial pressure resulting from
legal suits and consumer refunds, Torres Jewellery had to resort to layoffs. The company
workforce was significantly reduced, cutting both corporate employees as well as the
manufacturing and retail sectors' workforce.
Unemployment in Related Sectors: The scandal had ripple effects on related sectors, such as
jewellery manufacturing, logistics, and marketing. Many small vendors or suppliers
associated with Torres Jewellery experienced a decline in demand for their services.