Identity theft

[letstalk]

What is the name of your state? Massachusetts.

Three weeks ago, I went to a major electronics store, one which we all know and bought a small cd player. To make a long story short, the cashier, took my personal info, including the three digit number on the back of the card, went home and started using it on pornography sites. I check my credit card statement on line and noticed almost daily charges, after I'd been to this store. I called the police, gave him my credit statement, plus I was able to get the AOL addresses from which my card had been charged. Now the detective tells me that another complaint has been issued from the same store for the same violation, yet the store manager won't reveal the identity yet of this person, until AOL confirms the screen name.

'He' has rights, but what is the responsibility of the store, given this individual is still working there, and probably continuing this practice.

[bigun]

You've pushed all the right buttons. Of course, alert the fraud dept. of your credit card company and fax them a copy the police report so getting these charges reveresed should be routine. The store has liability and if you suffer any damages, you've a case against them.

[letstalk]

Thank you bigun. Last question, should I assume the detective will contact the credit card company (card was cancelled right away) but at this point, I'm leaving everything up to him, not wanting to jeapordize the investigation. What else should I be doing?

[JETX]

As correctly noted by Bigun, you should contact the affected credit card company and let them know the facts. They will probably send you an affidavit to sign and return. Then, they will remove the suspected charges from your account. Do not delay. There is a statutory window for removing these charges.

Also, to correct a mis-statement "The store has liability and if you suffer any damages, you've a case against them") may or may not be true. It would depend on whether the store was negligent in their handling of this employee.

[letstalk]

Isn't the store responsible for 'doing the right thing', especially given that this person has since stolen someone else's card number too? How do you define 'negligent?'

If they choose not to acknowledge there is a problem until AOL comes back with an identity, (it's already been six days) and what if, during that time, this person 'borrows' five other people's credit information, isnt' the store being negligent, by allowing him on a cash register? All the adult web site purveyors adjusted the charges on their end, but I am getting an affadavit any day now. I will double check it and sign off.

Do I send back a copy of the police report with that?

[bigun]

You're doing the right thing. I'd certainly send a copy of the police report back with the affavdavit.
Just stay on top of this with the credit card company so this doesn't impact your credit.

[JETX]

"Isn't the store responsible for 'doing the right thing', especially given that this person has since stolen someone else's card number too? How do you define 'negligent?'"
*** I define 'negligent' as "adj., adv. careless in not fulfilling responsibility".
And since you don't KNOW that this has happened to somone else (your post says you have heard it) and you don't KNOW if the store was aware of the first incident at the time of the second or subsequent incident, you don't KNOW that the store was negligent.

Further, your request for them to "do the right thing" has no relevance since it hasn't been proven or even shown that the person did as you claim (though it is strongly suspected).

"isnt' the store being negligent, by allowing him on a cash register?"
*** Maybe... and maybe not. At this point, the individual is only suspected.

I know that you are upset (and rightfully so), but you have a system in place that will protect you and will remove the fraudulent charges, so calm down and let the system work. And if you think you are seeing dollar-signs in a claim against the merchant, don't start spending yet, since they probably have no liability to your claim.