[ID] What should you do if someone adds a stolen credit card to your online payment?
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Someone added a stolen credit card to my PayPal account using my name to pin their fraud on me. What do I do?
I'm sorry to hear that you're dealing with this frustrating situation. Have you already reported the fraudulent activity to PayPal and your bank?
To PayPal yes, not to my bank because the credit card was never attached to my bank as it is a stranger's.
Have you taken any steps to secure your personal information, such as changing passwords or monitoring your accounts?
Yes.
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your identity theft issue.
No.
Hello, welcome to our service. My name is DJ. I've been a lawyer for over 20 years. I will do my best to help today. (Please note this discussion is for general info only and does not constitute an attorney-client relationship or legal advice.) Just a moment please while I finish my review and prepare some information for you that I hope will be helpful.
Someone hacked into my PayPal account, added a stolen credit card, and purchased a handbag for 3600 dollars. I reported the fraud to PayPal, but it gets tricky. During the time they added the card, I used my PayPal account as well to make a 150 dollar purchase online. Because I didn't know the stolen credit card was on my account, it charged that credit card. I already repaid the vendor and we are on good terms once I explained what happened.
Good job working it out with the vendor.
I understand how alarming this is, and I want to reassure you on the central point: you are the victim here, not the perpetrator. Someone using a stolen card and attaching it to an account in your name is committing fraud against both you and the cardholder. The law treats you as an injured party, and the steps below are about documenting that and protecting yourself. Here is what I recommend, in order of priority:
Continue working through PayPal, and get it in writing. You have already reported the activity, which is the right first move. Ask PayPal to (a) remove the fraudulent card, (b) flag the account for fraud, and (c) provide you written confirmation of your report and any case or reference number. Keep every email, message, and screenshot. This documentation is your best protection if anyone later questions your involvement.
Report to the FTC. File an identity theft report at IdentityTheft.gov. This generates an official FTC Identity Theft Report and a personalized recovery plan. That report carries significant weight with banks, creditors, and law enforcement, and it formally establishes that you reported the misuse of your identity.
File a police report. Contact the Nampa Police Department (or the agency for your jurisdiction) and file a report for identity theft. Idaho criminalizes this conduct under (ID Code § 18-3126) (misappropriation of personal identifying information). A police report number, combined with your FTC report, creates a clear record that you are the reporting victim rather than the offender.
Place a fraud alert and consider a credit freeze. Contact one of the three credit bureaus (Equifax, Experian, or TransUnion); that bureau is required to notify the other two under the Fair Credit Reporting Act (15 U.S.C. § 1681c-1). A free fraud alert lasts one year; an extended alert lasting seven years is available once you have an FTC Identity Theft Report. A credit freeze is stronger still and is free in every state under the same federal statute.
Also pull your free credit reports at AnnualCreditReport.com, as provided by (15 U.S.C. § 1681j), to check for other accounts opened in your name. Secure your accounts. Change your PayPal password and any reused passwords, enable two-factor authentication, and review your linked email for unauthorized access, since email is often the entry point for this kind of takeover. A few points of reassurance on liability:
You have no obligation to the bank that issued the stolen card. You are correct that there is nothing to report to your own bank, because the card was never connected to your accounts.
Under federal law, you are not responsible for charges you did not authorize, and the genuine cardholder is likewise protected under the Truth in Lending Act (15 U.S. Code § 1643), and Regulation Z, 12 (C.F.R. § 1026.12(b)). The fraud loss falls on the parties who handle the transaction, not on you.
Your contemporaneous reports to PayPal, the FTC, and the police are exactly what demonstrate good faith and victim status. The more promptly and thoroughly you document, the less exposure you have. If you receive any collection notice, demand for payment, or contact from law enforcement treating you as a suspect, do not ignore it. Respond in writing, attach your reports, and at that point consult a local attorney, as the situation would have moved beyond self-help.
I know this is a lot of information to throw at you all at once. Does this make sense to you? I'm happy to clarify or explain things in more detail if you want. Just let me know.
Thank you, I will report to the FTC as I wasn't aware I could. After that, should I wait for more information or a response from PayPal or immediately go to the police to file the report preemptively? Additionally, I see the Nampa PD allows people to file crime reports online, would that be the best way to start?
Don't wait. File the police report promptly rather than holding for PayPal's response, since a contemporaneous report strengthens your victim status, and the FTC report and police report support each other. You can always supplement the police report later with whatever PayPal provides. Online with Nampa is good
Okay thank you. What should I do after the report is filed? If the police call me about the report, should I bring a lawyer to speak with them?
Once you file the reports, that's all you need to do. Just be sure to do a Fraud alert on your credit. Consider a credit freeze as outlined above.
Understood. Thanks for helping me out.
Thanks! Good job staying on top of all of this. Have a great day.
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