mercredi 11 février 2015

Malware installed a keylogger, used my credit card info to make out of country online purchases.Am I liable legally?



PLEASE help me. My 15 year old clicked a link mid December online while using my laptop that advertised a "deal of the day" playstation 4 bundle. She said the computer froze and a pop up window that looked like a computer anti virus program that said the computer was infected with a virus, "click here" to remove the virus. She said it ran the program for a few minutes then stated it had removed the virus. ( I was unaware of this until recently) She exited out and the next screen said "deal of the day" online ordering unavailable and listed a phone number to Z Discount Games to call. She called and long story short, we ordered the playstation bundle over the phone giving them my debit visa number and was told that we would receive a shipping notification by email when the item shipped and my card would be charged at that time. a few days later, they called and said it was temporarily out of stock and would be a few days before it would be back in and would arrive at the house no later than 1/26/15. A few days later my bank called and asked me to verify the charge over the phone. I did.


I got a call on 1/25 from American Express stating that my bank had returned a payment I made to them the previous week due to non sufficient funds. I thought that had to be an error. I logged into my bank account online and sure enough it was negative and the NSF fees were accruing. I scrolled down and saw multiple charges day after day from 3 different merchants listed in Poland. They charged my card number over and over again until they bled it out from 12/22 to 1/26. I immediately called and had my card turned off and disputed the charges.


The bank came back and initially said because I authorized the first charge over the phone, then I must have authorized them all. I went nuts! I said no, I only authorized the charges via bank recorded phone call on 1/8.


They continue to argue this despite me telling them, we never even received the playstation, never ordered anything else nor authorized them to charge anything outside of the amount I did authorize. I did my due diligence with all of their paperwork, spent over 40 hours on the phone with their investigators etc. I tried contacting Z Discounted Games and the number just has a digital voicemail now. I have requested in writing and verbally to the banks disputes dept and fraud dept to provide to me manual receipts from the merchants as is my right according to Regulation E by the FTC. They have repeatedly ignored me and refuse to provide me the information.


I didn't find out the keylogger was on my laptop until yesterday after countless hours spent trying to find information online about this merchant. I saw on ripoffreports website over 200 complaints that were exactly like mine. My computer is now keylogger/virus free. I consulted an attorney who made calls to the disputes dept at the bank that told him the charges are authorized as the purchases were made using my computers IP information. Is this even legal??? Can they really say that is "proof" I made those charges?? If not is there a written law that I can't find stating they can't use that as proof because my IP info was hi jacked? or is there a law that says they can use that as the only proof, when in fact the merchant won't respond to the receipt request.


PLEASE HELP!! I am out thousands of dollars!!





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