Legal Question in Technology Law in California
Fraudulent Check Card Use
Here is the situation:
New check card received from WaMu, less than 2 weeks ago. Used online once at bestbuy.com, to hold an item, but never charged. Only time security code on back of card used online.
Card number was attempted to be used on Buy Rite Video Games website to purchase over $700 in items. Merchant refuses to reveal any details of the transaction(s) to me. Police seem to be indifferent. Wake Forest, NC PD says to contact Oakland PD and make a report. OPD does not seem interested in pursuing an investigation.
I would be interested in a lawsuit against this individual for the time lost at work, unnecessary anxiety, inconvenience of closing accounts, costs for replacement checks, etc.
Questions:
Who can help me track down this perpetrator?
What avenues of recourse do I have?
If bestbuy.com is responsible for leaking my information, what avenue of recourse do I have against them?
Thank you in advance. Please send all replies to [email protected].
--name removed--S. in Oakland, CA
2 Answers from Attorneys
Re: Fraudulent Check Card Use
Your local police in California are the appropriate agency for you to deal with. They are required by CA law to take a report of identity theft and to give you a copy of the report. You might also want to tell Best Buy, but they may not be responsible as the perpetrator may have intercepted your info by hacking your computer or ISP. You did not say whether your bank has re-credited your account. If not, write them enclosing a copy of the police report.
Re: Fraudulent Check Card Use
I doubt that suing the person who did this will do much good, and you certainly won't be able to persuade a lawyer to represent you on a contingency fee basis. Even if you were not refunded your $700, your losses would be nowhere near the cost of bringing a lawsuit (your aggravation and lost work time are valuable, but compare them against an attorney's hourly rate). Besides, the person who did this probably does not have money and/or keeps what he does have in places that are hard to trace.
Keep your documentation on this because, if it happens again, you will want detailed records so you can persuade the police to act. These records will also be helpful if you need to seek a protective order.
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