The photos were adorable. The “breeder” was lovely on the phone. You paid a $500 deposit, then $800 for “pet transport”, then another $400 for a “climate-controlled crate”, then a “refundable insurance fee” that would be returned on delivery. Then the transport company needed more. Then everyone stopped answering. There was never a puppy.
Or the breeder was real, you paid a deposit on a specific pup from a specific litter, and then found out it went to someone who offered more. “Deposits are non-refundable.”
Both are recoverable, by different routes. Here’s each.
Your rights
- If it was a scam: your bank must act promptly on a scam report to request a recall of the funds (ePayments Code, Banking Code of Practice). The receiving account holder is liable to you for money had and received, whether they’re the scammer or a “mule”. Police and the platform can identify them. If you paid by card, “goods not received” is a chargeback ground.
- If it was a real breeder: the Australian Consumer Law applies. A deposit on a specific animal creates a contract; selling that animal to someone else is a breach and the deposit is refundable in full plus any loss. “Non-refundable deposit” terms are subject to the unfair contract terms regime (ss 23–28 ACL) and to the rule that a deposit forfeited for the buyer’s default can’t be a penalty. If the breeder withdrew, the deposit comes back.
- Misleading conduct (s 18 ACL). Misrepresenting the breed, the pedigree, the health status, or the existence of the puppy.
- Breeder identification laws. In New South Wales, anyone advertising a dog or cat for sale must include a breeder identification number, rehoming organisation number or microchip number in the ad (Companion Animals Act 1998). In Victoria, ads must show a Pet Exchange Register source number and microchip number (Domestic Animals Act 1994). Other states have similar rules or are introducing them. An ad without the required number is unlawful and a strong scam indicator, and a regulator can act on it.
- Platform rules. Gumtree, Facebook Marketplace, Petbarn and dedicated pet sites have listing rules and takedown processes and will usually preserve the seller’s account details for police.
What to do right now
- If you suspect a scam, call your bank’s fraud line now. “Scam payment, urgent recall request.” Get the reference. Ask them to confirm in writing that the recall was sent. Every hour matters.
- Report to ReportCyber and Scamwatch. ReportCyber generates a police reference. Puppy scams are one of Scamwatch’s largest categories and they track the accounts used.
- Screenshot everything. The ad, the profile, the messages, the payment details (BSB, account name, PayID), the “transport company” website, and the photos (reverse image search them; scam photos are reused across dozens of ads, which is evidence).
- Report the listing to the platform and ask them to preserve the account details for police.
- If the seller is real and identifiable, put them on written notice. “I paid a deposit of $[amount] on [date] for [puppy]. You have [sold the puppy elsewhere / failed to deliver]. Under the Australian Consumer Law and the contract I require a full refund within 7 days.”
- Send a Letter of Demand. To a real breeder or an identified account holder: a formal letter citing the ACL, the contract, and a 14-day deadline before fair trading, the tribunal and (for scam recipients) the police.
- Complain to AFCA if your bank was slow to act on the scam report.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who is this about?
2. How much is at stake?
3. Do you have it in writing?
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How to tell which one you’re dealing with
Scam indicators: price well below market for the breed; the seller can’t do a live video call with the puppy; “transport” is arranged by the seller with a company you can’t verify; fees keep being added (“insurance”, “crate”, “vaccination”, “customs”); payment demanded by bank transfer, gift card, or crypto; the ad has no breeder ID or source number; the same photos appear elsewhere. If most of those apply, treat it as a scam and act on the bank recall today.
Real breeder indicators: registered breeder number, willingness to meet or video call, vet records, a written agreement, and a deposit that’s a small fraction of the price. If a real breeder has kept a deposit after selling the puppy elsewhere or refusing to supply, that’s a straightforward contract and ACL claim, and tribunals routinely order refunds.
If you paid by PayID or to a business name: PayID payments show the recipient’s registered name at the time you paid. Screenshot your banking app’s transaction detail; the name there is the account holder and it goes on the letter. If you paid to an ABN or business name, look it up on ABN Lookup; a registered business with a real address is a real defendant for a tribunal claim, and a name that doesn’t exist confirms the scam for the bank’s purposes.
Who to complain to
Your bank, then AFCA. ReportCyber and Scamwatch. Your state police. The platform. Your state fair trading body for a real breeder, and the pet regulator (New South Wales Office of Local Government, Animal Welfare Victoria, RSPCA in some states) for unlawful advertising. Your state’s civil tribunal (in WA, SA and Tasmania, the Magistrates Court) for the refund.
Start your claim — $49
Claim Done drafts your Letter of Demand in about 5 minutes for $49. Tell us what happened — we handle the legal language.
You approve it before anything is sent.
What happens when you put it in writing — properly
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Scam Recovery Letter drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Scam Recovery Letter from the answers you give about your situation for a flat $97 AUD. You read and confirm the draft, then the final PDF is emailed to you. Start at claimdone.com.au/begin/?service=scam-recovery. Claim Done is not a law firm and does not give legal advice.
How much does a Scam Recovery Letter cost, and how long does it take?
$97 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. It covers every Australian state and territory.
Do I need a lawyer to send a Scam Recovery Letter in Australia?
No. There is no legal requirement to use a solicitor to write or send a Scam Recovery Letter; many people send their own. Claim Done drafts it for you and you approve it before it is sent.