I am the victim of debit card fraud,Can I sue the retailer for not asking for the perps I.D.

Asked about 3 years ago - Ogden, UT

I am sure they got my card number through my computer. The retailer has proof on video and police are investigating. I do not understand how the this could happen without the actual card in hand and if this could be a internal thing such as the clerk at the store. Thanks

Attorney answers (1)

  1. John S. Fason

    Contributor Level 12

    Answered . If the money for the unauthorized debit card transaction was taken out of your bank account and not credited back by your bank when you reported it, then yes, you can sue the retailer. You would claim that by failing to verify the identity of the person who was pretending to be you, the retailer was negligent. You would need evidence to support your claim that a reasonably prudent or careful retailer, in the same or similar circumstances, would have definitely asked for identification. If you know someone who has been in a similar retailing business for a few years, then that person could provide this type of "expert testimony." It may depend on other facts, such as the amount of the transaction, the type of retail establishment.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

30,125 answers this week

3,150 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,125 answers this week

3,150 attorneys answering