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Retail store loses item to delivery; threatens to make an unauthorized charge on me

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ChaseAgard

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

A retail store lost an item while delivering. Somehow it came up as my house address. They called me and threatened to charge me if I don't return the item. I have a store credit card there but hardly use it. What rights do they have to charge me while I didn't authorize the purchase?

I told them I don't know anything about it, but my father might since I don't live there currently. I told them they're welcome to come pick it up if it's there. Guy calls me in the morning while my phone is on silent (baby sleeps in the morning) and couldn't get a hold of me, to see if he can come over. I didn't answer. His manager gets pissed, leaves a voicemail threatening to charge me in 24 hours if I don't return it. Ok? I just told the issuing bank to cancel with them so they don't make any fraudelent charges on me.

What rights do they have to proceed with me at this point?

edit* Called my father just now, and he has no clue either about this.
 
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FlyingRon

Senior Member
Tell them you didn't order the item and you don't have the item and you don't choose to discuss it further.
If it shows up on your account dispute it. Most retailers even on store name cards don't actually run their own credit operation.
 

davew128

Senior Member
If you didn't order the item, if they threaten you again remind them that extortion is a crime in California.
 

FlyingRon

Senior Member
If you didn't order the item, if they threaten you again remind them that extortion is a crime in California.
You can remind them of that, but this is not legally extortion. There are five things you can threaten to do if they won't pay to be extortion. Charging their credit card is not one of them.
 

ChaseAgard

Junior Member
After the 24 hour period, I haven't heard a word from them. As others have suggested, I stopped answering their calls and then just let them do as they please. Now question is, will they still have a reason to pursue this in the future?

Are there other ways they could legally charge me without a credit card?
 
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quincy

Senior Member
After the 24 hour period, I haven't heard a word from them. As others have suggested, I stopped answering their calls and then just let them do as they please. Now question is, will they still have a reason to pursue this in the future?

Are there other ways they could legally charge me without a credit card?
The store would need to have your credit card number to charge anything to the card.

The store could potentially pursue this, if they think they have some sort of proof an item was delivered to your address that you did not order. But without a signed receipt or a credit card authorization from you for the item, I do not see this going anywhere.

I suggest you follow FlyingRon's earlier advice: If an unauthorized charge appears on your account, dispute it. If you didn't purchase an item or have an item delivered to your address, there is no way the store can retrieve it.
 

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