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-   -   What are my Rights ~unauth Credit Card use (https://www.askmehelpdesk.com/showthread.php?t=22133)

  • Mar 3, 2006, 10:54 AM
    lbrown1618
    What R my Rights ~unauth Credit Card use
    My husband and I took my daughter to see the movie "Curious George" last week. I used my charge card at the ticket counter and concession. Well a third charge appeared on my account from them on that day. After a bunch of hassle and faxes and calls, I got the corporate office issuing a credit (and 2 passes for all the trouble).

    But here is my question:
    They indicated that my card was used 3 minutes after MY tickets (the charge I approved). A charge for 2 child and 1 adult to Pink Panther!
    The card was never out of my sight or possession. Even when the clerk ran it through the machine, I could see it the whole time. So they are going to investigate how it happened. Their ip & security people will review it and see if there is anything on camera, etc. They said it could have been a computer glitch or it could have been the employee knowingly doing something. I said that I would like to know what they find so I can be sure to prevent it in the future. They told me that if they find it was an employee problem, they cannot discuss it with me for privacy reasons.

    On one hand I understand the privacy thing... but don't I have a RIGHT to know if/who illegally used my card? Can't I prosecute that person if I choose to? I mean that's a felony isn't it?
    I probably wouldn't go to the trouble and cost of prosecuting over $20, but the point is I have that RIGHT to know, don't I.

    Do I have any legal grounds here?
  • Mar 3, 2006, 11:26 AM
    excon
    Hello lbrown:

    No, you don't have a right to know, and your business dealings should be with your bank. Let the bank fraud department deal with the theater, the cops and the perpetrator. Your credit card protects you against unauthorized use. Therefore, you are NOT a victim, the bank is. Consequently, you are not entitled to anything or to any information.

    Actually, if you mess around too much here, you could be opening yourself up to a lawsuit.

    My advice is, let the bank handle it, and give back the credit and two tickets.

    excon
  • Mar 3, 2006, 11:40 AM
    phillysteakandcheese
    Iy agree with excon, except that I would keep the credit and keep the tickets. ;) I view that as a gesture by the theater to compensate you for your trouble.

    Was this a credit card, or a bank card used via Interact?
    I think there are differences in the protection.
  • Mar 3, 2006, 11:49 AM
    lbrown1618
    Quote:

    Originally Posted by excon
    Hello lbrown:

    No, you don't have a right to know, and your business dealings should be with your bank. Let the bank fraud department deal with the theater, the cops and the perpetrator. Your credit card protects you against unauthorized use. Therefore, you are NOT a victim, the bank is. Consequently, you are not entitled to anything or to any information.

    Actually, if you mess around too much here, you could be opening yourself up to a lawsuit.

    My advice is, let the bank handle it, and give back the credit and two tickets.

    excon

    How could I possibly open myself up to a lawsuit??

    And why would I give them back the credit? That credit is for money that they took from me, without my authorization. It is money that should have never been taken from me in the first place. I'm supposed to say "No thanks, I don't want my own money" :confused:
  • Mar 3, 2006, 11:51 AM
    lbrown1618
    Quote:

    Originally Posted by phillysteakandcheese
    Was this a credit card, or a bank card used via Interact?
    I think there are differences in the protection.

    It is just a regular credit card. (I'm not sure what interact is)
  • Mar 3, 2006, 12:10 PM
    excon
    Hello again, lbrown:

    The bank will give you back YOUR money.

    Lawsuit? Once someone commits a crime, a very delicate and specific process begins. That process involves, the victim (which I reiterate, YOU ARE NOT), the state, and the perpetrator. If you, an UN-interested fourth party inject yourself in this process any way, then you are putting yourself at risk of being sued by the perpetrator.

    Not that he would sue, or not that you'd lose. But, why even take the risk? Let the cops do their job.

    OK, for arguments sake, let's say the bank DOESN'T give you back your money. Now you're out. Now you’re a victim. Tell me, who are you the victim of? The bank? The theater? The perpetrator? All of 'em? If you are, indeed, a victim, and you go after the wrong perp, you could get sued, and probably would.

    I suggest you read your agreement with your credit card company. The sandwich guy brought up a very good point. I think the protection between a debit card and a credit card are somewhat different. However, I suggest they BOTH offer protection against fraud. Given that belief, if the bank doesn't give you back your money, then it's the BANK who's screwing you, not the theater.

    However, I promise you, the bank will give you back your money, thereby reliving you of your victimhood.

    Then again, what do I know? I'm an exconvict for crying out loud.

    excon
  • Mar 3, 2006, 12:21 PM
    lbrown1618
    Excon,

    Like I originally said, I wouldn't go to the time/trouble/cost of prosecuting the person over $20. But I was under the impression I reserved that right at least. I realize I am "protected" by my credit card, but the crime was still committed against ME? Whether I was able to get the money back, I still was the victim of a crime (whether it be identity theft, fraud, whatever), wasn't I ?

    As far as getting my money back...
    By taking this to the attention of the theater's corp, I should get my credit within a couple days. Why would I give that back and wait 2 weeks or longer for the CC to return the money to my acct?

    It just doesn't make much sense for you to say I should give the theater back the credit. Am I missing something? What would doing that or not doing that, accomplish?
  • Mar 3, 2006, 12:29 PM
    Fr_Chuck
    Ok, you could call the police and file a complaint, you got your money back as a credit. I ordered tickets for "Thomas the Train" when it came to Atlanta, well there the clerk did not clear the computer so the next 3 people who bought tickets also got them charged to my card. ( in their case computer automatically charges to a credit card that is in its base unless it was taken out which is suppose to be done automatically after transaction.
    So until the next person used a credit card we were charged.

    They gave me credit ( took three weeks) but I had no criminal charge since there was no intentional fraud or theft. Plus to be honest the police would not investigate a small amount of money if you are getting your money back.

    So you could file a police report, but they would not do anything, most likely file your report away and not even look at it again by the tiime you were out of the building.

    Next, no personnel matters in companies are private, the company could be sued if they told you about anyone in their company getting fired or written up on this.

    If you had not gotten your money back, and had to file a police report, and the police found and charged someone, then you would know who it was.
    (unless they are a minor).

    And if they have a computer issue, they don't want anyone to know about that either ( corporte security issues)

    So be happy you got your money back and some free tickets, I know it don't sound right, but that is what our laws have brought us to
  • Mar 3, 2006, 12:45 PM
    phillysteakandcheese
    Quote:

    Originally Posted by lbrown1618
    It is just a regular credit card. (i'm not sure what interact is)

    Sorry - Interact is the system in Canada that lets you use your bank card to pay directly from your bank account when you make a purchase. I'm sure there's an equivalent system in the USA.

    And excon - You have a persepctive on law enforcement that I don't see very often, and it is a very interesting take on how the system works!
    :)
  • Mar 3, 2006, 12:58 PM
    lbrown1618
    Fr Chuck,

    So basically your saying, I DO reserve the right to prosecute if I wanted. But that is the only way I'd find out the identity of the person who did it. Right?

    BUT, how would I even know I have something to prosecute if the theater won't disclose HOW the charge occurred.
  • Mar 3, 2006, 01:08 PM
    lbrown1618
    Fr Chuck,

    So basically your saying, I DO reserve the right to prosecute if I wanted. But that is the only way I'd find out the identity of the person who did it. Right?

    BUT, how would I even know I have something to prosecute if the theater won't disclose HOW the charge occurred.
  • Mar 3, 2006, 01:27 PM
    excon
    Hello again lbrown:

    You are living under a lot of wrongheaded ideas. Are you missing something?

    Yes! You are missing what I am telling you.

    >>>By taking this to the attention of the theater's corp, I should get my credit within a couple days. Why would I give that back and wait 2 weeks or longer for the CC to return the money to my acct? <<<

    You’re going to have to stop making up stuff. You didn’t call the bank, and you and I know it. All you want to do is argue with me. If you took it to your bank, you would get IMMEDIATE credit.

    If you get your money back, how are you a victim? You’re whole, not out of pocket a red cent. Victims have lost something. You will not have lost a thing! Really!

    The next delusion you are living under is who prosecutes crimes. YOU DON’T. The state does.

    >>>So basically your saying, I DO reserve the right to prosecute if I wanted. But that is the only way I'd find out the identity of the person who did it. Right?<<<

    You can't. You're not a victim, and you can't find out diddly. I know you don’t believe me. I’ll live with it.

    excon
  • Mar 3, 2006, 02:07 PM
    lbrown1618
    Excon, you don't need to be rude.

    I came here to ask questions because I am not a lawyer. You don't need to call me delusional because I don't have all the answers. I admitted I DON'T know and am assuming what my rights would be. That's why I am here asking.

    And please do not call me a liar. I DID call my CC. They said they will issue a provisionary credit while they investigate it. That credit will take up to 14 business days to appear in my account.

    >>>So basically your saying, I DO reserve the right to prosecute if I wanted. But that is the only way I'd find out the identity of the person who did it. Right?<<<

    You can't. You're not a victim, and you can't find out diddly.

    Well, I know right there that you are wrong. I was hit by a drunk driver last year. Insurance completely covered everything, I was never out a dime. So not a "victim" as you describe it to be. Yet, I was still given a complete police report including the identity of the drunk driver. And was even given the opportunity to be present at his hearing.

    ... not that I need to justify myself to you. You just seem like you are posting on these boards for the fun of being aggravating to others.
  • Mar 3, 2006, 04:20 PM
    Fr_Chuck
    You have the right to

    1. call and file a police report, (if you live in a large city don't expect them to take much interest and they would most likely merely do an inncident report, file it and not even turn it over to the dectitive dept

    2. In some states you can actually go personally to court and file charges. But you will have to have some evidence of intent to do a crime, Merely taking the money out does not show intent, esp if they paid it right back.
    Thus the legal issue, even with the police, they would drive out to the place where it happened, they would say, oh it was an accident, we paid him the money back and gave him free tickets ( also here officer here is a couple of free tickets for you too) They would write up that there was no intent and that the matter was settled.

    If the management found out, lets say that the clerk was doing this to about 3 or 4 people a night and then pocketing the real cash paid by that next customer. Most people never check their cards that close and would just pay the extra without catching it. They would not want to call the police and get bad PR, so they would fire him with some form of agreement not to disclose these facts.

    You have some rights, but I doubt if you can get them inforced on a minor amount that has been paid back.

    Being a real pain in the... is about the only way you may find out what happened, and then they may just lie to you to make you happy with an answer. Honest opinon you will never find out what exactly happened

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