“I bought an illegal e-moto thinking it was an e-bike!”

What do you do if you’ve bought an e-moto that you thought was an e-bike? Sometimes this can be as easy as returning the device to the seller, depending on their return policy. However, some online retailers sell illegal or otherwise noncompliant vehicles, so it’s essential to know the difference ahead of time or, if you’ve already made a regrettable purchase, to know your options for recourse. 

It’s also possible that you purchased an e-bike second-hand and, although it was initially a class 1, 2, or 3 e-bike, the previous owner modified the motor, battery, or controller to increase its top speed beyond the legal limits. In any case, if a vehicle has a motor wattage greater than 750 or exceeds 28mph, it is not legally an e-bike. 

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Know Your Ride

In case you missed it, an e-moto is not an e-bike and it’s illegal to operate it in some of the same places where you would ride an e-bike. If you purchased an e-moto that you intend to keep, the first step is to ensure it is legally classified as a motorcycle or a moped. We’ve already covered the definitions and distinctions here. If your e-moto matches the definition of a motorcycle, then you need to get the vehicle registered and make sure you’ve got a dedicated motorcycle operator’s license. Mopeds do not require tag registration, but you do need to have a valid driver’s license. 

Received an Illegal E-Moto or a Faulty E-Bike? Here’s Your Action Plan

In the event of receiving a vehicle that is or not compliant with UL electrical and fire safety standards (perhaps the seller applied counterfeit or misleadingly similar UL certification symbols in their advertisements), here is what you can do: 

Document Everything

Before you contact anyone, gather all the evidence needed to prove the product is not as described:

• Screenshots/Photos: Take pictures of ads, website listings, product specs, and the actual bike received.
• Proof of Purchase: Save receipts, order confirmations, emails, and shipping records.
• Evidence of Defect/Mismatch: Document how it fails to meet claims (e.g., lower speed, smaller battery, different parts).
  

Contact the Seller‍

Before escalating the situation and seeking legal advice, try to resolve the issue directly with the retailer or manufacturer:

• Email or call customer service and explain that what you purchased is "not as described."
• Clearly state what you want: full refund, replacement, or repair.
• Keep copies of all correspondence.
• Be persistent: the onus to follow up (perhaps multiple times) will likely be on you. 

File a Payment Dispute‍

If the seller is uncooperative or unresponsive, use your financial institution to file a payment dispute: 

• Credit/Debit Card: Contact your bank or card issuer immediately to dispute the charge as fraudulent or not as described. (Note: credit cards generally offer better fraud protection than debit cards.)
• PayPal/Third-Party Apps: Contest the charges through the platform's resolution center.
  
  

File Official Complaints ‍

If you cannot get a refund directly, report the business to help create a record and trigger investigations:

• Federal Trade Commission (FTC): Report the scam or deceptive practice at ReportFraud.ftc.gov.
• Better Business Bureau (BBB): File a complaint through bbb.org.
• Georgia Attorney General’s Consumer Protection Division: Access help with fraudulent businesses at consumer.georgia.gov.
• Police Report: For significant fraud, file a report with local police.
  
  

Legal Options

• Small Claims Court: For losses typically under $5,000, this is a relatively fast, low-cost option where you can often represent yourself.
• Class Action: If the same company scammed many people, look for existing class-action lawsuits such as this one.
• Third-Party Marketplaces: If purchased on Amazon, use their “A-to-Z Guarantee” to get a refund; some similar retailers have equivalent policies.
• Foreign Sellers: If the company is outside the U.S., report them to econsumer.gov.

Prevent this from happening to you again by investigating the retailer’s return policy and its advertisements. Some social media ads can be a trap. Look closely for any signs of fraud or false advertisement. Your safest option is to purchase an e-bike from your local bicycle shop. 

Reference:

https://www.scotthirschlawgroup.com/blog/how-to-report-false-advertising/#:~:text=File%20a%20complaint%20with%20the,share%20their%20experiences%20with%20others.

https://juicedbikes.com/blogs/news/electric-bike-buying-horror-stories#:~:text=Evil%20Twins:%20Knock%2DOff%20Bikes,it's%20most%20likely%20a%20scam.

This article is written by Go Georgia and supported by the Governor’s Office of Highway Safety.