If a company gave away my credit card and other personal info and are trying to settle with me, what am I legally entitled to?

UPDATED: Apr 7, 2012

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If a company gave away my credit card and other personal info and are trying to settle with me, what am I legally entitled to?

A store failed to remove all of my personal info on a system I traded in and sold it. The customer then made multiple purchases using all of my personal info. What am I legally entitled to in compensation for this? It seems to be a malpractice or negligence issue as well as giving someone the ability to commit credit card fraud. I also want to sue the individual and do not know how to go about it as the store won’t release personal info to me.

Asked on April 7, 2012 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) A reasonable settlement would be reimbursement of any/all costs (e.g. purchases by another, which you've had to pay for) you incurred, plus some amount to pay for a credit monitoring service for the next several years. The amount of compensation you can get in cases like this is related to the actual losses or costs you suffered, plus the cost to repair or prevent damage (e.g. the credit monitoring service).

2) The store is not under a legal obligation to provide this information to you unless you invoke legal process. One option is to file a lawsuit against one or more "John Does"--fictititious defendnats, which is a mechanism used when the plaintiff does not yet know the identify of defendants--then use a subpoena or other discovery mechansm directed to the store to obtain the information you seek.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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