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  1. #1
    dougda Guest

    Exclamation Credit/Debit Card Fraud

    Hi, I live in Greensboro, North Carolina. I just came across recently that someone had used my credit/debit card unlawfully. It was a very small amount that's being disputed. It was for $27.46. I last saw it at 2am on Dec 29 but did not notice it until Dec 31 around noon. On Dec 31 the charge for that amount above was placed. There was also an attempted charge of $51 and some change after I had it reported. I know for a fact who did it. I was wondering if it's possible to sue for punity damages/pain & suffering? Or is it not worth my time to sue and prosecute??? Credit card fraud i'm aware is a felony and shouldn't go tolerated on any amount even it it was $0.02!

  2. #2
    ferlee Guest


    My $.02---I'm not a lawyer, nor am I familiar with your state, but I shall answer you as a frequent debit card user because you apparantly threw away the little booklet of fine print that came with your privilege. This is not a legal issue. This is a BANKING issue. Contact your bank now.

    First, debit cards are not credit cards. They are ATM cards with an endorsement from a major credit card company that allows you to access your money immediately through their terminals. This means that the general rules for credit cards don't really apply to debit cards.

    More importantly--Have you reported your card stolen yet? Even if you still have physical possesion of the card, the data has been compromised. Report it now!! If you don't you're going to be responsible for those charges. Do this now!!! Then go down to the bank in the morning and close account A and open account B. If you think so-and-so knows your information, you will continue to run into this until you do the above. By then, your liability will have gone up as the debit card is not subject to the same dispute rules as credit cards. (Did you ever stop to think why they have different names?) It's a much smaller window and a much higher liability for debit cards because they are directly liked to your cash. For example, my bank requires immediate notification if I believe the information is compromised/stolen. From that point of notification, I am no longer liable for charges. If I wait 24 hours to notify, my liablity goes up to $50 and if I wait 48 hours, my liability increases to $500. Not a whole lot of time!

    Once you report your card stolen, disputed those charges and reestablish an account, that's where your involvement ends. As long as you have you have reported your card information stolen in a reasonable manner you have covered yourself. (By reasonable, I mean what's the fine print that came with the card--not what's reasonable to you).

    The bank will then investigate. If you've done the above in a timely fashion and they find the charges to be unauthorized, they'll give you your money back. If you have not done this in a timely manner, then you are liable up to the amounts set forth in your card agreement. After that, you are no longer concerned. What they decide to do with their investigations and which authorities to involve are beyond you.

    Sue for punitive damages/pain & suffering?! Sue or prosecute?!You have been watching WAY too much CourtTV. You're confusing criminal and civil courts, two separate entities. The criminal one is the one that prosecutes criminals (D.A. ring a bell? on behalf of xyz state, county, or whatever). The civil one is where you (Joe Wronged) go for non-criminal matters. Pain and suffering? You have to prove damages and as long as you've upheld your end of the card agreement by reporting it stolen in a timely manner, the most you are going to see is a credit for what was charged. You were "damaged" $27.46 so assuming you've followed their stolen card procedures, the repair of your "damage" after the bank investigation would be $27.46. If you're looking to make a quick dime, you're in the wrong place. But... To answer your question on whether it's worth your time to pursue through the courts? No. This isn't even a matter for you and the courts.

    This is between you and your bank. Good luck!! Let me know how it went?

    (Again, just a consumer--if I'm mistaken, please correct me)

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