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I purchased a phone for my son's birthday and used his

Customer Question
I purchased a phone...

I purchased a phone for my son's birthday and used his "friend's" Amazon Prime account since she told me that I would save money on shipping. When I started to place the order, I was hesitant to do so since I didn't want my charge card to stay in her Amazon account. I read through and saw that I had an option to click on to not save the card to the account, so I went ahead and placed the order. Unfortunately, I have been dealing with many issues and wasn't paying attention to my charge bill, I did think it was high, but didn't really research it until last month when I went to make my payment, I started scrolling down and saw all these charges from Amazon. I notified my charge card company immediately and put a fraud alert on it and cancelled my card. I've been dealing with the charge card company and have made several calls to them since I have been seeing credits and re-charges occurring on my account. I was afraid that someone had gotten a hold of it again. The charge card company stated that they had given me double credits - one from them and one from Amazon and were charging back on one of the charges to balance it out. After making 3 calls to discuss this fraud issue again with the charge card company and not having anyone return my calls, I call Amazon last night. The man was very friendly in giving me the account information on who was using my card - it turns out it was the friend of my son. Not sure how she was able to get the card number since I made sure it didn't save to her account. She could have possibly gotten it from a receipt since they were both renting rooms in the same house. I have gone through my bill and discovered just in 2017, she has made $4,090.48 in charges to my card. I know I wasn't very financially responsible, but I was going through a lot of personal issues and health issues and didn't stay on top of it. Now that I know this, I realize I need to report it to the charge card company. Can they make me liable for those charges if they were made without my consent?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

New York. I live in Illinois. I did make several payments to utility company and other places for them to keep the utilities and cable on. I don't want them to think that I am in on this. I again, under no circumstances gave her or my son my actual card number, nor did I give them permission to charge stuff on Amazon. All the $4,090.48 was made through Amazon.

Lawyer's Assistant: Have you contacted the manufacturer?

Which manufacturer?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My son knows about my card being hacked since I asked him if he had gotten a hold of my card # and used it. He completely denies ever using it. He does not longer live in that same house, however, I just found out that he has continued to talk to this person on an occassional basis. He does not know that I found it that it was her or someone in her household using my card.

Submitted: 9 months ago.Category: Consumer Protection Law
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9/15/2017
Consumer Protection Lawyer: LegalGems, Lawyer replied 9 months ago
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,292
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Consumer Protection Lawyer: LegalGems, Lawyer replied 9 months ago

I am sorry to hear this;

unfortunately in order to have full fraud protection any suspicious charges must be reported within 2 billing cycles in order to avoid liability (although a credit card company is free to waive this).

If the company won't cover the charges, then one can sue the perpetrator in small claims court for the unauthorized charges.

Small claims is the proper venue for charges up to $10,000 -please see here

Any proof, such as delivery address, will help prove unauthorized use.

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