What are my rights if, after I purchased food at a fast food chain, my debit card numbers were used to purchase items at a store in another part of the state?

The bank has investigated and has supported my claim. Can the store be held accountable for their employee’s action?

Asked on September 23, 2014 under Business Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The store is most likely *not* liable: business are generally not responsible for the criminal actions of their employees, since criminal acts are, by definition, not part of the employee's responsibilities or job. To hold the business liable, you'd generally have to prove that the business knew that this employee was a risk to do this (e.g. he or she had done it before at this store) but still gave him or her access to the debit card numbers.

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