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What can you do if you were a victim of fraud and your bank…

Customer Question
What can you do...

What can you do if you were a victim of fraud and your bank won't credit your account?

Lawyer's Assistant: Because consumer protection law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Has anything been filed or reported?

Yes they credit my account in July but after 90 days decided it wasn't fraud because I said the company could chrage my card however no goods or service was ever rendered.

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

The other card involved has credited my account and left it The people who did this have already been caught and are now in jail, I don't understand why Capitol One has reveversed their charges.

Submitted: 10 months ago.Category: Legal
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Answered in 8 minutes by:
10/3/2017
Lawyer: Lucy, Esq., Attorney replied 10 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Capital One's credit card agreement only promises to reimburse for charges made using a lost or stolen card, meaning that you didn't authorize the transaction in the first place. They do sometimes use different agreements for different types of cards, so you may want to check yours. If your agreement is the same as the one I'm looking at, they're not obligated to issue a refund when you make a purchase that doesn't arrive. Some cards offer that protection, but it appears that this company does not.

You can try contacting them again and asking if there is any way to appeal the decision. If they won't review it, then your recourse is to sue the people who took your money and never delivered the goods.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Lawyer: Lucy, Esq., Attorney replied 10 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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