Legal Question in Consumer Law in New York

we are a home heating oil delivery co. Customer called for oil using a bogus credit card. We delivered the oil into building, then the real card owner phoned and said it's not his order (doesn't even live in this state, NY) What recourse do we have? Are we out the money, isn't it credit card fraud and his issue with his card company? Thanks for any info.


Asked on 12/12/13, 9:38 am

2 Answers from Attorneys

Kevin Connolly Kevin J. Connolly

Wow, complex case! Did you log the telephone number from which the order was placed? Is there any way to tag this owner with liability here? What's the capacity of the tank and how much did you deliver? If the tank was empty of close to it, you have a stronger case, because an owner who's about to lose control of his building may do some very low down dirty things. You need a financial investigation, if it makes sense. How much oil and at what price? 516-242-1453

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Answered on 12/12/13, 10:51 am

Your charge backs are governed by the contract you have with the credit card processor(s). If you have fraud insurance then you could make an insurance claim. Otherwise you can sue the individuals who ordered the oil (for the most part you know where they live since you delivered the oil to their home). You should also consider filing a compliant with your local police.

There are additional measures as well and my office can assist you in pursuing claims against the individuals who ordered the oil. Please contact me at your earliest convenience.


Roman R. Fichman, Esq.

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Answered on 12/12/13, 11:24 am


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