Credit Card Fraud

[VetsWife]

What is the name of your state? Hawaii

I used my Amex card to put a deposit on some equipment. The company (in AZ) that I gave the number had an employee (who has now quit) that stole the information, and used the card to pay her roomates cable bill.

After finding the charge I contacted the cc company and the business that the charge took place. After a week they finally provided me with the information of "who" used the card. Through that person I found out the name of the person that worked for the company that stole the card number in the first place.

I called FBI which sent me to Secret Service that basically said because the amount wasnt over 20K they really wouldnt do anything. They said to make a report to the local police department, but that the local PD couldnt really do anything because it happened in a different state.

The company that originally let my card into the wrong hands are apologetic. Basically I would like to see the people that used my card prosecuted, but no one can lead me the right direction to make that happen. What is the right direction? Is the company that "lost" my cc number to one of their employees responsible?

The person that stole the card offered to send me money (overnight - what a laugh huh!), but I figure if she has to steal from my cc then she doesnt have the money, not to mention the ramifications of accepting money from her "so I dont prosecute".

I have also kept my cc company in the loop and provided both suspects names/phone numbers and one address. What can I do as a consumer to make sure these thieves are posecuted?

Any suggestions would be appreciated.

[Debt Guy]

The decision to prosecute rests with the local US Attorney or County Attorney.

If the feds have turned you down, you can try to sell the proposition to the County Attorney. The place to start would be with the police department in the city where the crime was committed.

I understand your desire to see criminal prosecution. Law enforcement has limited resources and they are more likely to focus on matters based on priority.

[VetsWife]

Thank you for your response. My only other questions are :When I gave my cc info to the company, it was under the assumption that it was safe and secure. Their employee stole the information. Are they repsonsible parties for allowing my information to fall into the hands of their "employee"? Are they liable for damages?

*Added later**

I am so sorry for asking more questions, but I want to make sure I do this right. Who would file the police report? The business that held my info, and had it stolen from their files by their employee, or would I, since I too am a victim?

[Debt Guy]

Are they liable for damages?

To the extent that you suffered damages, yes. I doubt the court would award damages for aggravation -- but if there is any financial loss, probably.

You know, employees do terrible things sometimes. Whenever that happened to me, I always tried to make it right with the customer. I do recall once that a customer felt like they had won the lottery because of something an employee had done. It annoyed the snot out of me and I gave them the name of my attorney and said to be sure to deliver a copy of the summons and complaint to my attorney. They whined and wrote nasty complaining letters to everyone this side of the Postmaster General but never did sue. They also never got any accommodation. Sometimes, a person has to take a stand.

The moral of that story is you should feel free to ask for whatever compensation or accommodation you want. If the company are decent people, I expect they would try to be fair. Many companies have employee fidelity bonds (insurance) for employees who steal from customers.

You can push it too far.

You have the right to file a civil lawsuit. You would probably need to sue them in the foreign jurisdiction -- which means you would have to hire an attorney and front the legal expenses. Sounds like a lot of work.