Legal Question in Business Law in Virginia

having a problem at my parents' restaurant

hello. my parents own a small restaurant. recently, we got a phone call from our credit card machine company saying we chared over amount which is total of $500, to one of our customer's credit card 11 times. we remember it was a lady who ordered for delivery from us 11 times in last november and december. and now they are claiming that they never spent that much of money from us!! what a filthy lier.!so we made copy of receipt and sent it to the company, but we realized that there was 3 different signitures. since my parents can't speak perfect english and they didn't know that they had to check the id when they deliver. (they knew that they had to check i.d when credit card was used ''in'' store but not the delivery ,who really does?) and now, our credit card machine company telling us to pay $500 because it was absolutely our fault we didn't check id. if we don't pay then, they have to pay, but they said that they will block us to have another contracts with other companies. we went to that customers house, and one of house hold member admitted that they have spent that much of money, but refused to give us card holder's information. what should we do now? is it completely our fault?


Asked on 2/06/08, 9:30 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: having a problem at my parents' restaurant

What would be the difference in terms of the need to check the user's ID for an in store credit card purchase vs. such need for a delivery credit card purchase? None that I can see as each type could be subject to the same kind of vulnerabilty occasioned by an unauthorized or fraudulent card user.

And, since you apparently didn't check

the ID with respect to the delivery purchases and are now confronted with a claim by the owner of the card that was used in these purchases which

apparently you cannot disprove, I'd say you're pretty much stuck. You might want to "chalk it up", as the saying goes, to a business loss occasioned by failure to follow the rules required for doing such business.

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Answered on 2/07/08, 12:37 am


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