Internet Transactions Act of 2023: A game changer

SCAMS are increasingly becoming an industry on its own. It is a revenue-generating modus operandi designed to fraud the best of us, in as little time as possible, or at least until before the cover is blown. Usual victims include many of our senior relatives and friends, who are almost always challenged when it comes to anything digital. While this may be the major demographic affected, many of us still get scammed anyway, one way or another. Business is thriving!

I wrote previously on how we can be more vigilant by enforcing a human type of authentication, similar to enabling two-factor authentication. Human authentication requires us to actually call the individual reaching out to us for a variety of reasons: one fine day and out of the blue he or she will ask for money transfer to their wallet to be "paid back the same afternoon;" or another day we will get a story from somebody asking for a code so he or she can "input your contact details in his or her phone book." Truly, the stories are becoming creative but remains to be riddled with malice, bad faith and intention. To avoid being scammed, it is best to call the individual reaching out.

Case in point: Just a few weeks ago, I bought an air conditioning unit from Lazada, one of two major online shopping platforms used in the country. The item was supposedly on sale as manufactured by a reputable brand. Hours later, an unknown number called me, introduced himself as somebody from Lazada, and discussed with me my recent order. He went to a complex story of saying how the item is bulky and that, even with the free delivery, said item is in excess of the allowed weight by 3 kilograms and therefore ― I need to do a bank transfer of the amount I would have paid COD (cash on delivery) so they can proceed with the item. Obviously, that is a scam happening in real-time. Acting perplexed, I asked, "so you want me to transfer money to you without you even proving to me that you are an employee of Lazada?" It was 8:30 p.m. that evening, and he must have scammed so many others before me, hence exhausted for the day as he just shouted at the top of his lungs, hurled invectives and hung up. Of course, I have to now report this.

The following day, I called up the customer service and told them about what happened. The agent I spoke to, upon checking the details of my order, just said nonchalantly, "oh apologies ma'am but looks like you've been scammed." I asked if more details could be shared in relation to the scam context but the poor agent was unable to communicate very well and hence, after escalation, I was now with a supervisor who seemed to be so familiar with this scenario.

Essentially, I was told that:

1. Items not reflecting LazMall can be sold by anyone, without proper vetting. Think of it as a huge marketplace where you and I can just sell anything and everything, use somebody else's logo, and abuse this kind of online selling mechanism.

2. Items that are vetted would have the LazMall label and you can be assured of their legitimacy.

The question now is: what do you do with that marketplace as a buyer?

The short answer: Right now, in the absence of the effectivity of applicable laws, we need to exercise diligence and to always be careful. The wait will not be too long, though.

Enter the "Internet Transactions Act of 2023" or Republic Act (RA) 11967. The law was signed by President Ferdinand Marcos Jr. on Dec. 5, 2023, and is aimed at building trust in eCommerce by providing a regulatory framework for both consumer and merchant protection.

Sponsored by Sen. Mark Villar and together with its co-authors and co-sponsors, the law seeks to create an eCommerce Bureau under the Department of Trade and Industry (DTI) to handle and manage complaints arising from online transactions.

In addition, the law classifies online transactions and intends to put in regulations protecting both the customer and the merchant. In a sense, the law limits as to what transactions are covered. To us, this translates to the extent that online transactions can be protected by law. Because of this, consumer behavior may also change given the law, whereby you only transact online up to the extent that it is provided by law.

What is also interesting to note is that the liability extended is not only to the merchant but also to the platform owner. The lack of diligence or vetting will now be punished by law and penalties await those who refuse to take down the online stores of fraudulent merchants.

While the implementing rules and regulations are still in the draft stage, the lead implementing agency (DTI) is now calling for inputs and comments based on the draft document. This is a good exercise for those who have been victimized by their transactions online. You may do so by going to their website and leave your comments there. The last day for participating is on March 12.

Overall, it is a tripartite exercise of diligence that must be had to combat online transactions that harm consumers, and vice versa. The combined efforts of the government, business and consumers will lead to a better online experience for all of us and will only bring forth new opportunities to sustain this endeavor moving forward.

Kay Calpo Lugtu is the chief operating officer of Hungry Workhorse, a digital and culture transformation firm. Her advocacies include food innovation, nation-building and sustainability. The author may be reached at kay.lugtu@hungryworkhorse.com

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