Legal Question in Banking Law in Florida

I had my credit card used without my knowledge in the amount of 5K. I contacted my credit card company immediately they reversed the charges, set me up with a new card, and said they would investigate once I sent signed affidavt. I have not had any unauthorized transactions since. I sent the avidaft and the CC fraud department contacted me recently asking for a police report (which I did not file because once the charges were reversed I thought it was done and up to them) but it has now been 3 months since the incident. Would ATMs/Stores still have the videos from 3 months ago? On top of that I believe it may have been someone I know since apparently they used it then returned it because I used it after the fraud transactions happen and if it was someone I know I would not want him/her to face charges. I have to file a report to keep the charges from being put back on by the CC company right? How far would police investigate this fraud, considering my case is probably small in the grand scheme of things? Thank you.


Asked on 12/01/09, 11:24 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

There is a reasonable suspicion as to whether it was indeed fraud/unauthorized transactions or charges were authorized by a card holder. If the card was used in your city/town, and, as you say, it could have been used by someone you know, of course, you should have filed a police report so the police can track down the wrongdoer.

You don't want to file a police report because you don't want a fraudster to face criminal charges, but at the same time you want to get your money back? The credit card fraud department is investigating charges that you claimed to be "unauthorized", and they want to make sure that these were indeed unauthorized transactions.

Note: The above response is provided for legal information purposes only and should not be considered as legal advice.

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Answered on 12/07/09, 12:03 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Your agreement probably requires that you report this to the police. If you know or have a reasonable suspicion who it is, then you must advise the police or you may be breaking the law. It is not fair for you to keep the money if you do not want the person who stole it to get away with this. Give the money back if you do not want to report this. Have your friend pay the debt. The credit card company should not have to eat it; that is why rates are so high. The money is not free.

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Answered on 12/07/09, 8:51 am


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