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I am sorry to hear that. Yes, you can sue the merchant for letting non-authorized individuals use your account. You can also sue those individuals who used it without your permission. Beyond that you can implement more security measures i.e. a password ***** something that only certain authorized users may have.
Yes, they are reaping unauthorized benefits from your account. Yes contacting the police and/or FBI is also a good idea.
Let me know if you have any additional questions otherwise a positive rating of 5 stars would be greatly appreciated.