Legal Question in Civil Litigation in Illinois

Unauthorized charge on my account

A music club charged my account after I used their phone ordering system and requested for them to bill me and not charge my credit card. Can I reclaim bank fees and returned check fees that I incurred as a result of this transaction ?


Asked on 2/26/03, 2:18 pm

2 Answers from Attorneys

Zachary Bravos Law Offices of Zachary M. Bravos

Re: Unauthorized charge on my account

If a company charges your card without your authority, the company would be responsible for the foreseeable, natural, and probable consequences of its wrong.

I�m not sure of how �bank fees� and �returned check fees� can be caused by the company�s use of a credit card, but to prevail, you�ll have to make this causal connection. And if the connection is too remote or too indirect, it�s possible you�d lose.

Before you sue the company, ask yourself whether it�s worth your trouble and aggravation. Consider the amount you have to gain in litigation, and compare it to the effort you must expend to sue. Even if the case is brought in small claims court (the simplest form of lawsuit) you�ll have to prepare a complaint and summons, file suit, pay the filing fees, serve the company with the papers, and prove your case at trial. If you prevail at trial, you�ll very likely be awarded your filing fees and service fees, but you won�t see a dime for the time you took off work to file your case, show up in court on the first date, or show up in court for the trial.

I recommend you first complain to the company by mail. It�s possible they will make a satisfactory accommodation. The worst that can happen from that is that the company won�t do anything to make up for your loss. You�ll still be able to pursue litigation after that.

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Answered on 2/26/03, 4:21 pm
Mary McDonagh McDonagh-Faherty Law Offices

Re: Unauthorized charge on my account

I agree with the other reply -pursue the company yourself through their complaint process and hope for the best - this is not worth pursuing in court

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Answered on 2/26/03, 5:14 pm


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