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my girlfriends purse was stolen at her job and whoever stole it used the debit card and spent 700+ dollars she called the bank and is gettin her money back but can u sue the stores where the card was used at cuz they are SUPPOSED ID everytime someone uses debit or credit cards is it the law to ID when using a card and can i sue the stores for not obeying the law?

2006-09-17 07:04:09 · 19 answers · asked by bigboss 3 in Politics & Government Law Enforcement & Police

19 answers

no.

if ANYONE had the right to sue, it would be your girlfriend, since it was HER PURSE. if you were married at the time this happened, it might have been a different story.

since you are getting the money back from the bank, you really cant sue, and get paid back twice. (how would that be fair?)

why would you sue the store, when the person using the stolen card is getting away with all that money? why arent you looking into sueing them? just because a store is SUPPOSED do do something, doesnt mean its the law.

what do you think you'd be trying to sue the store for? to teach them a lesson? in the eyes of the law, this would be called "punitive damages" and they can only be awarded for fraud, opression, or mallice. the only person that commited fraud, was the person STEALING THE CARD!!! what are you thinking? even then, the only way anybody could get puntive damages, is if the store sued the person that stole the card, but they got paid by your bank, right? so they really cant sue, because then they would be getting paid twice, as well.

2006-09-17 07:29:06 · answer #1 · answered by ASLotaku 5 · 0 0

I guess its not a law to check ID. Supposed to doesnt make it a law. So if the store did not ID they didnt break law so legaly they are not accountable.
You can sure for sure but not sure if u will get anything out of it.
Sometimes I feel why they ask ID when I am using credit card. And once when I was asked my DL I did ask do I need to know driving to buy in this store. Its a good thing that stores ID before using debit and credit cards. But its not a legal binding.

2006-09-17 09:40:53 · answer #2 · answered by Amrendra 3 · 0 0

She may not be able to sue the stores where the card was used, however, she can press charges and sue the person who used her cards...obtaining goods under false pretenses, identity theft/fraud, theft. Stores don't always ID people when using credit cards and debit cards unfortunately and it's not a law really. Just a precaution that most stores don't take anymore. Good luck!

2006-09-17 07:15:02 · answer #3 · answered by ? 3 · 1 0

When you sue someone, you are suing to recover damages, or in your girlfriend's case, the lost money. If the bank is making her financially whole again, then mathematically speaking....you'll have alot to overcome when presenting the matter before a court. But you may inquire about the store procedure. Inquiry should come before complaining, or else one is jumping to conclusions and doesn't know exactly what they're complaining about. The after doing the homework, let your energy level be your guide. But it has to be your girlfriend that does it all. She's the victim. A boyfriend has no legal standing in the matter.

2006-09-17 07:14:14 · answer #4 · answered by nothing 6 · 0 0

You or your girlfriend can not sue.

Checking ID is not the law in the U.S. It is actually against MasterCard and Visa policy to check for ID but a lot of merchant violate this policy. This policy applies to Visa and MasterCard debit and credit cards.

In California Merchants are allowed to ask for ID by state law but I am not sure if it is required.

2006-09-18 01:53:20 · answer #5 · answered by webworm90 4 · 0 0

Is she getting her money back? Yes she is, if you want to sue the store go for it. I would talk to an attorney to see if you have a case.

2006-09-17 07:07:59 · answer #6 · answered by Anonymous · 0 0

It is not the law in my state, ohio. You are only supposed to ID if the back is not signed.

2006-09-17 07:05:52 · answer #7 · answered by Moosha 3 · 0 0

go to the bank then go the the federal trade commission and hire a assistant DA

2006-09-20 07:30:14 · answer #8 · answered by Anonymous · 0 0

I don't think she has legal standing to do so. She is getting her money back so she will be the same as before the theft.

2006-09-17 07:06:02 · answer #9 · answered by pleeks 4 · 1 0

Get the money back and get on with life.
Sorry you will have to wait for a horribly mutating form of cancer to get the big payday.

2006-09-17 07:07:12 · answer #10 · answered by Mark J 2 · 0 1

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