Legal Question in Credit and Debt Law in New York

Recently allowed a son with bad/no credit to use my credit card for a single transaction. He gave me cash for the purchase, ordered what he needed with the card and that was that. Fast forward a month later when the card statement arrives and turns out he�s been using the card number to ring up tens of thousands of dollars to it!

I reported it to the card company, who said they couldn�t do anything with the charges unless I first file a police report. After much soul searching, I filed the police report and forwarded it to the card company, who now tell me that since I let him make that one purchase that I�m still liable for the entire amount! And I was even paying an extra monthly fee for �fraud protection�!

Any advice would be much appreciated, I don�t know what to do next � hire a lawyer or service to deal with the card company?

Asked on 7/13/11, 11:33 am

1 Answer from Attorneys

Paula McGill Paula McGill Attorney at Law

I have an open case now with similar facts.

My client has sued the friend who purportedly incurred $7,000 plus of unauthorized charges.

In the plain meaning of the word, it is unlikely this isn't the fraud that is covered by "fraud protection".

Normally, it's a stranger who scans the card or obtains your number through other means and charges items on your account.

In any event, look at the terms of the fraud protection. If your situation isn't covered, sue your son, he will be ultimately responsible anyway.

Nevertheless, obtain at least two other opinions from experienced consumer protection lawyers.

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Answered on 7/14/11, 7:25 pm

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