TELECOM Digest OnLine - Sorted: Re: Arbitration Left ID Theft Victim With $27,000 Bill

Re: Arbitration Left ID Theft Victim With $27,000 Bill

TELECOM Digest Editor (ptownson@massis.csail.mit.edu)
Mon, 28 Feb 2005 21:43:30 EST

Marcus D. Falco responded to a question posed by myself regards the
original newspaper article and an observation by Lisa Hancock:

>> Her problem is that she didn't show up to contest the charges so
>> the credit card company got a "default judgement." These can be
>> vacated in court because you can appeal. But generally you can't
>> appeal an arbitration award.

>> Yes, I thought your liability from a 'stolen' card (which this
>> is) was $50.00?

> Only if you notify them within 24 or 48 hours. She didn't notify them for
> weeks, until the bill came in.

Did you mean to say 'notify them within 24 or 48 hours _of the
discovery of the fraud/loss_'? Unless a person has online access to
their account via computer (in which case a daily audit of your
account would be a good idea, even if not practical), exactly how
would one know their card had been 'stolen' or abused until the
statement arrived. Now, if your statement did arrive, and all that
fraud was spotted, then indeed it would be prudent to call and tell
them _immediatly_ about it.

I know in the interstate handling of freight, rules about 'notify
the shipper and/or delivery service immediatly about damage to the
shipment' have an exception for 'concealed damage'. Even if you
signed off to accept the shipment, you can later discover the
damage (when the shipment is unpacked, for example). Can't the same
thing be done in the case of 'concealed fraud' that you do not
discover until after the fact?

I know my credit card is 'online' so I can check it at any time
on a web page, and I would notify all concerned of fraud the
instant I saw it on the credit company's web site.

PAT

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