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I want to pursue Legal acton against a Telephone Comapny. What

Answered by:Copperlaw
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Positive Feedback: 97.6 %
Accepted Answers: 917

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Thanks for your info it has helped Walter

Customer Question

I want to pursue Legal acton against a Telephone Comapny. What happened was one of their employees had used my credit card information as a credit check to get some cellphones. I just recently found out about this, and the company is doing an investigation of their own. My question is seeing that this individual who used my personal information to get phones represents the company and the company has acknowleged what has happened is it worth suing them over? also is it possible to pursue criminal charges against the company and the indiviual? The company is a huge cellphone provider here in alberta.

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Province/Territory relating to question: Alberta

Already Tried:
nothing yet......

Submitted: 257 days and 20 hours ago.

Category: Canada Law

Value: CA$40

Status: CLOSED

Accepted Answer

Expert: Copperlaw replied 257 days and 20 hours ago.

Copperlaw : Hi there

Copperlaw : A big deterring factor is, have you suffered any real damages? Are you out of pocket anything?

Copperlaw : Secondly, was the company negligent in any way, resulting in this crime?

Copperlaw : And sorry, I just noticed my auto correct changed "determining" to "deterring"

Copperlaw : Did the company have any way of knowing this was likely to happen?

Copperlaw : How was this discovered?

Copperlaw : What has the company done to appease you?

Copperlaw : I look forward o hearing back from you

Customer :

no i havent suffered any real damages

Customer :

also the company didnt have a clue

Customer :

no the company didnt have any way of knowing this would happen

Customer :

nothing yet still investigating

Customer :

no one there?

Copperlaw : Hi there

Copperlaw : I had stepped away momentarily, as I was not getting any response from you during my initial contact. I presumed you were away from your computer doing something else and would get back to me when able.

Copperlaw : I indicated that I looked forward to hearing from you and was awaiting further information. Clearly we were not done. I don't understand then why you'd jump to giving me a poor rating, thus affecting my standing and reputation herein

Copperlaw : I would ask that once we're done, please provide an appropriate rating, as a higher rating will override the poor rating ou gave it.

Copperlaw : As for your matter, there is a two year statute of limitations on civil claims

Copperlaw : So this is not something you need to really worry about right now, however we'll look at the merits, at this point

Copperlaw : So you have no damages to claim, have suffered no loss, and from the sounds of it, the company is doing all they can to investigate and address the issue at present

Copperlaw : Further, you believe there's no way they could have known, or likely, prevented this

Customer : Well actually there probably was a way because the name on the credit card wasnt the same as the one on the bill

Copperlaw : At this time, it would appear that no real claim exists against the company. A claim could exist against the individual who did this, but it would be minimal a best. In turn, you could claim against the company for vicarious liability

Copperlaw : However, as I indicated, at this point, the likelihood of any legitimate claim being successful against the company is extremely slim

Copperlaw : This being said, you'll want answers, such as how this person was able to obtain and use your card info

Copperlaw : If it turns out that their systems, procedures, policies or training are flawed, the merits of a claim could increase

Copperlaw : Now bear in mind that civil suits can take many years o litigate

Copperlaw : You'd likely be far better off, particularly because you have no real loss, in having the company compensate you in some way, to "make up" for their employee's breach of trust.

Copperlaw : I am here, and will wait for your response

Customer : That is a perfect answer so and after hearing that I agree that it would be easier to deal with the company directly. Sorry for the misunderstanding hope this helps

Copperlaw : No problems. I am always happy to help! Feel free to return at anytime to follow-up on this question

Expert Type	Lawyer
Category:	Canada Law
Pos. Feedback:	97.6 %
Accepts:	917
Answered:	8/3/2012

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