credit card fruad

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credit card fruad

I work at a gas station on third shift.I found a card on the ground while working put it my pocket so I could finish my outside work forgot about the card. I got my card out of my car so I could get gas and cigarettes. I found the card I had found after I got home in my pocket still as I had forgotten about it and called the customer service number explained to them I had found a card at work they told me to dispose of the card so I did. I had a customer come in this morning and state that her card had been used and was under investigation. When I got home I checked my receipts and realized I must of accidentally pulled her card out of my pocket instead of my when I got my gas and cigarettes. The total was 30.56. What steps can I take to correct this mistake?

Asked on August 15, 2017 under Criminal Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Explain to her that you must have used the card by accident, and offer as proof of it your call to the insurer reporting that you'd found her card--if you had deliberately stolen it, you'd not have called it in. Tell her you will contact her card issuer to repay the amount you'd accidentlly charged; then call them, remind them of the earlier call to report the card as found, explain what likely happened, and ask them how to repay. As long as you demonstrate there was no criminal intent or "mens rea"--and calling them to report the card goes a long way to doing that, as does promptly offering to repay when the error was found--you should not face criminal liability.


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