If our credit card Skimmed at restaurant, can we sue?

UPDATED: Dec 15, 2011

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If our credit card Skimmed at restaurant, can we sue?

A few of my friends and I ate at a restaurant and all of us soon after had our credit cards being used. We all stopped the cards and filed police report but we want to shut them down and seek damages is this possible?

Asked on December 15, 2011 under Bankruptcy Law, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If some one improperly used your credit cards post your use of them at a restaurant, you possibly have a basis to bring a legal action against the person or persons who improperly used them assuming that you can demonstrate who used the card or cards (liability) improperly and what damages you sustained.

If your credit card company did not assess you the charges made on the credit card by the third party who improperly used it, you really have no damages to demonstrate as a matter of law unless there is some statute in your state setting forth statutory damages in your situation. I suggest that if you want to pursue the matter further, you consult with an attorney who practices in the area of credit card law in your state.


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