What would be the most appropriate action regarding a debit card scam?
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What would be the most appropriate action regarding a debit card scam?
I do independent contractor work for DoorDash, a food delivery service that is modeled as a rideshare contractor. I fell victim to a scam. While I was working, someone called me and claimed to be from DoorDash technical support. They said that they needed to verify the device smartphone that I was using so they needed my user name and password. I, like an idiot, gave this information to them. Later, the scammer logged into my account and withdrew all my money for the week and deposited the money into their account. They used a feature on the program called FastPay which I never use which allows a driver to have their money deposited daily instead of weekly for a $2 fee. I personally never use this because I do not want to pay the fee. The feature requires the person to enter a debit card and it deposits the money to that debit card. Obviously, the debit card does not belong to me.The scammer deposited all of my weekly earnings to their account and I am out approximate $350. I contacted DoorDash and they tried to get the money back but they could not as the scammer had already taken the funds. Now, DoorDash refuses to pay me. I by the way have all of the phone calls from the scammer on tape as my smartphone records all conversations. These scammers were good as the phone they were calling from was even the number to DoorDash headquarters. Since this job is not traditional employment, it is independent contractor work I do not get paid an hourly wage, I get paid by the job would it be appropriate to file a complaint against DoorDash for non-payment with my state’s Industrial Commission or would it be more appropriate to file a law suit in small claims court? DoorDash electronically deposited money into an account that does not belong to me and I think they should have verified that the debit card of the scammer belonged to me. I wish I could sue the scammer but I
obviously do not know who it is.
Asked on August 8, 2018 under Business Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If DoorDash followed the usual procedures regularly used for paying contractors via this program and had no particular reason to believe this was a scam, they are not liable: their liability would depend on doing something unreasonably careless, but if they did what is always done, that is not unreasonable carelessness. They are not responsible for the fact that you were careless and give out your user name and password. Having paid through an approved, standard channel to an account they reasonably believed was yours, they do not have to pay again. It is the same principle as if they paid you in cash but you promptly left your wallet behind it was stolen; they are not responsible for a crime committed against you.
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