Legal Question in Civil Litigation in Florida

Credit Card Fraud Recourse

My family went to Orlando for Thanksgiving week. A few weeks later, right before Christmas, my credit card company informed me that they were cancelling my account because they had indication that it was being used fraudulently. Not tog et into the details, but I had a week of hell on top of an already busy time. My card was connected to many payments and I was cancelled all o ver the place with services being shut off. I was not done with my Christmas shopping, had many hassles, visits and phone calls for about amonth until it was all straightened out.

Recently, two waitresses were chraged in a credit card scheme in Orlando, FL that was operating during the time of our visit. I've asked the Orland District Attorney's office for the name of the restaurant so I can compare it to my credit card records.

What kind of recourse do I have against these women and the restaurant they worked for?

Janet M.

New York

Asked on 4/22/07, 12:45 pm

2 Answers from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Credit Card Fraud Recourse

If it turns out there is a connection, the DA's office can ask for restitution to you if she should plead guilty or be found guilty after trial.

As for the deep pocket (the restaurant), you would have a lawsuit against them as well, especially if you can show that they knew, or should have known, about this little scheme.

If they were negligent in their supervision of these employees, then you may also have a case. Your damages may not be serious enough to interest an attorney to take a case however.

Either way, good luck.

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Answered on 4/22/07, 11:53 pm

Johm Smith tom's

Re: Credit Card Fraud Recourse

It would be almost impossible to hold the restaurant liable for a criminal act by a waitress, but you can sue the waitresses and report the crime to the DA so they know.

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Answered on 4/22/07, 6:31 pm

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