EMusic Proven that someone else setup account and they refuse to refund my money New York, New York

About 2 years ago a 10 year old boy living in my home signed up for emusic with my credit card and an old email account I had at my old job. 

so for two years I kept getting charged to my credit card. I asked my credit card to look into this for me and I assumed it would stop.

But it did not and as I was switching cards I found that they still were charging me. So I pushed to see why I was getting this fee to my credit card. the credit card company showed that only in the first month that someone on a free trial downloaded music and nothing after.

The credit card company said that the person who did this lives in my city and used my email account.

This is when I found that it was my wife's family that was staying with us and with the help of a friend did this.

The DA has given him probation and his mother has grounded him.

Now a 10 year old boy can't go into any contract and I never signed any contract myself. I have asked Emusic to refund my money but they refused. 

So now I'm taking them to court and once I will may even start a class action suit to stop them for good.

I'm out $1600.00 and more each day.

So I say stay away from them and if you do take them to court to get your money back.

Also Credit card companies should have our back's and not be working for the vendors.