Very important question about the legality of credit card billing without permission.

[Starfish]

Is is legal for a company to gain acess to your credit card billing information from a purchase made from another, different company in the past?

What I am wanting to know specifically is, that if they don't have your express permission, can they still legally access and use your credit card number to bill you for something that they are selling, if you didn't give them that information yourself?



If I am not being specific enough, just ask me what you are confused about, rather than letting this thread die.

This is extremly important for me to know, before I attempt to take action against this particular company.

 

[Willing and Unsure]

so you're saying that you used your credit card to buy one thing from one company, and this other company is accessing your credit card information and billing you for something else?

i dont think they can do that. but i could be wrong.

 

[Starfish]

I guess I should explain, but right now we are on the phone with the fraud dept. of our bank, so I may get more input there.


What happened was that the phone rang one day, and David answered. It was a company called American Values, and they were offering some information on their program. They made a lot of claims about all of the savings and features they offer, but David thought.... scam.... until they said that they were offering free gasoline coupons worth 100 dollars to anyone who wanted to enroll for the fee. David said..."Okay, send me the information and I'll get back to you." They said okay, and took down our adress. That was the end of the call.

Suddenly, this week, two seperate charges, totaling 38 dollars, from a company in Great Britian where found on our bank statement.

David did a search on the adress and it turned out to be that company. Now, what the fuck is a British company doing offering coupon values under the name American Values? This alone bothers me, but that when we called them, and asked how they got our card number the guy said.. (addendum to the above... that is a mistake... the company in GB is called Wellnet and they are a subsidiary of American Values. I take it now, that American Values is in Nevada, but I am now more pissed that some other company we've never even delt with was charging us).

A while back you purchased something off an infommercial and that is how we obtained it. They are not the same company as that which I purchased hair remover off of, over two years ago.


Do they have the right to do this? I would think not. We never gave them permission to use that number, or gave them the number to begin with.

 

[Guru]

 

[Gilly Bean]

you never verbally gave permission, nor did you sign for it. It is not legal, and they can get in trouble for it.

Call the company (CC), and explain what happened. Tell them the company had no verbal autherization, nor was it signed for, and they will dispute it.

If they don't, then they are not doing thier job. In the mean time, don't pay off that balance. Pay it up till the point where only that amount remains on the card, if thats what you normally do.

 

[Pokerman]

And, I think company #1 could be in trouble too. I mean I know it's legal to sell mailing lists, with your name, address and tel #. but with your credit card number? I can't believe selling cc number lists is legal!

And if it is....everyone should immediately write their congressman and senators to get this changed!

 

[Starfish]

I edited my above post, so reread it, because I found something out from David that I didn't know.

Actually it is a debit card. It comes right out of the account, so I can't refuse to pay, however we did contact the bank, and that company in G.B.


They claim now that they removed the charges, and we'll see, but what further action can I take against them for breaking the law?


We never gave them permission, and couldn't have even if we wanted, because we were NEVER in contact with the company that actually charged us. (the subsidiary or whatever to American Values)

I am furious right now, so I am trying to be clear while managing my frustration with all of this.

I am sorry in advance for any lacking of clarity and poise on this matter that I may present.

 

[Gilly Bean]

Talk with the bank. They likely deal with things like that quite a bit. See what the suggest you do. There are legal ways of dealing with it, but since i have never had it happen, I don't know what they are, or how to go about doing it.

 

[Spinaroonie]

It's absolutley legal for them to obtain the info. You'd be surprised how many places have a lot of your info. However with a purchasing card, it's illegal to act upon it.

 

[Gilly Bean]

Actually, I don't think It is legal to buy credit card information. The only reason a company would do that, is to use it. So, if they are buying it, it is most likely with intent to use.

 

[Starfish]

Okay, as I said, we've been trying to get help from the fraud dept. of our bank.

sd, that's cool. I know that general information is not illegal to obtain, like name, adress, phone #.

This is about them using it though, without our permission and expressly private information such as my card number.


I am shocked that this company, in GB, had the nerve to do that when we've never associated with them in any fashion.

The company in GB got our info from the affiliated company in Nevada, who didn't even have permission to charge us for anything.

Something is awry and believe me when I say that this won't be left at them just deleting the charges.


How many others, feeble minded or not, get charged by them unjustly, and don't catch it. Not everyone is as perceptive as we are about this sort of thing.

If they are at fault, I'll be sure to persue it with the same vigilance and aptitude.

 

[Starfish]

All in all, and it really isn't related to this, but I guess I am just getting REALLY sick of people trying to make a fucking buck off of the recent happenings in the US. Everywhere I turn there is someone pitching something about pride, values, and the American way through a new stupid coin that is only worth one dollar, but they are charging 30 dollars for it. Or some music collection of American songs that have been around for a century or so, and just now... they are worth compiling into a collection to sell. CRAP, I TELL YOU! CRAP!

I am really tired of seeing that stuff rampantly plaguing the television, so that this is just got me really fed the fuck up.

People are impressionable, not I, especially at a time like this and those who take advantage of that are scum, and should not be privileged enough to bask in the light of freedom.

Fuckers.

 

[Shy Tall Guy]

I am going to break my motto of "Never say Never".

Never, never, never use a debit card for online, phone or mail-order purchases, or for anything that you want a guarantee on, or may want to take back. Use a credit card.

You have certain rights with a credit card that you just don't have with a debit card, including satisfaction, returning the merchandise, reversing the charges, overbilling and so on.

I only use my debit card for point of sale purchases for items such as groceries, gas, sometimes meals (if I know the restaurant) - but never for anything ordered where I can't see the person face to face, or a big ticket item where the item may break, not work right when I get it home, etc.

 

[Starfish]

STG, you're right.

In this case actually, my debit card is a check card. It is a unique feature of our bank, and it is more like a credit card, than a debit card, however it isn't either of them actually.
I have overwrite protection, and I have the rights to contest charges made and the quailty of service.

In the end, that is sound advice, and I will adhear to it from now on.

 

[Weird Harold]

The company in GB got our info from the affiliated company in Nevada, who didn't even have permission to charge us for anything

Contact both the better business bureau and the State Attorney Geberal's office in Nevada.

The BBB is more as a warning to others who might do business with this company, but the Nevada State Attorney General has a task force to crack down on telemarketing fraud and abuse based here in Nevada.

 

[Spinaroonie]

Actually, I don't think It is legal to buy credit card information. The only reason a company would do that, is to use it. So, if they are buying it, it is most likely with intent to use.

There's also the intent to solicit. It helps them target an audience. If you have a history of buying, say, Lawn Gnomes they can easily target you for some new gnomes or some flamingos to go with your gnomes, etc.

Personal Information such as that is passed around like a disease. Usually the CC# is discarded or use to identify.

 

[Guest]

who to report to in the UK

I didn't have enough information to do the research for you, but if this company is in the UK and they are processing personal information, particularly from outside the EU, they are required to be registered with the Data Protection Registrar. What they have done violates the Data Protection Act of 1998 and is actionable by the Crown.

Go to this web site and do a search (search register). If the company does not appear I think there is a form for you to fill out to file a complaint. Unlike many things in this country the wheels do turn, albeit slowly, they will act on it.

http://www.dpr.gov.uk/

Good luck.

 

[Starfish]

Oh wow, Thank you all, but I am indebted to you Harold and CD.
Innumerous ‘thank yous’ and hugs, and snuggles and such to you both.

I will act upon this advice, and I appreciate the links and agency information.

I just don't want anyone else to get screwed.

sd412, you crack me up with your gnome references.
I am now entertained, and I owe you a special thanks for making me laugh.