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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33073
Experience:  16 yrs. of trial experience
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On the 26th of april 2016. someone in Ohio Columbus

Customer Question

hello. on the 26th of april 2016. someone in Ohio Columbus use my debit card in clothing store to buy stuff and in a bank to withdraw money. whiles my card was still in wallet. this person use my card in person. can I sue the store and bank for not doing due diligent on the ID of the person
Submitted: 6 months ago.
Category: Legal
Expert:  P. Simmons replied 6 months ago.
Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to helpAlso, if you would like to chat on the phone, let me know and I can make that happen. I am sorry for this dilemma. Under federal law you are NOT liable for charges made to your account by someone committing fraud. Because of this, you would have a tough time suing the store/bank (again, since federal law provides you are not liable to pay these unauthorized fees)Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Customer: replied 6 months ago.
but can I sue the store and bank for not checking the person ID...
Expert:  P. Simmons replied 6 months ago.
You could...in theory...but frankly it would not be worth the effort, since you can only sue for the damages you suffer...and here since you do not have to pay the bill (since it was fraud) you have no damages...so no basis to sue.Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.