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Can I sue CarMax

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Soxnation85

Junior Member
What is the name of your state (only U.S. law)? IL

I had a very upsetting morning today. Upon starting my day I have the habit of checking my bank account transaction history. Today I noticed my account was negative. I'm never in the negative. So quickly I noticed there was a posted transaction to CarMax for $370. First of all I don't own a car and I've never co-signed on a car at CarMax. So I immediately thought fraud. I opened the check image and it noticed a familiar name. The check had a family members name on it as if it was written by them. Except it was not a picture of a live check it was one of those automated checks a computer would generate when you make a payment over the phone. I then remembered back in December I did a favor for this person and payed their full due balance. Of course they paid me back and that was a done deal. I specifically told CarMax back in December that it was a one time payment in favor of this person they said it was fine. Two months later I wake up to this charge. Furiously I called them and their response was that "it's company policy that they store payment information from anyone who gives them payment" i went off on CarMax after hearing this answer. Long story short I cancelled my back account and had to re-open another one pending investigation from my bank. I don't understand if I have no ties to CarMax nor any agreement why they would do this. Is this grounds for lawsuit?
 


OHRoadwarrior

Senior Member
Your lawsuit would be limited to actual damages, for which you appear to have none, except possibly an overdraft. The court fee would be higher to sue them. They would argue it is your negligence in watching your account that led to it happening months later and that they had been given authorization along with the account number. You should be calling the friend who you have aided in not making their payments.
 

Zigner

Senior Member, Non-Attorney
I'm going to go a step farther and explain that it's your "friend" that is the one to blame, since your "friend" authorized another transaction against YOUR account.
 

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