how to retain a lawyer for fraudulent debit card activity

by Alejandra Bruen 9 min read

First, have a family meeting. Let them know that it's $8K and you are not mad at anyone, but you need to know if anyone in the family charged this. Second, reach out to the companies and debit card companies and ask for explicit data about when these purchases were made, where they were shipped to, etc.

Full Answer

What is debit card fraud and how can you avoid it?

Here are some ways you could be victimized by debit card fraud: A thief digs through your trash, finds discarded receipts, steals your account number and racks up thousands of dollars in fraudulent charges. An unscrupulous waiter or bartender copies down your debit card number and uses it to finance a European vacation.

How do you handle credit card fraud?

The best and easiest way to handle fraud is to contact the merchant or website itself. If the merchant cooperates with you, it could mean less hassle, especially if you tell them that you’re putting in a claim with your card provider.

What happens if I report a fraudulent transaction on my Card?

If you report a fraudulent transaction on your card, your bank should deactivate your card to prevent the person from making any more transactions. You should always check your debit card statement to make sure all the transactions listed are legitimate.

Are You protected from debit card theft?

Of course, most of us want to believe that when we fall victim to debit card theft, skimmers, and other forms of bank fraud associated with debit or ATM cards, we’ll be protected. We might not remember the specifics, but we know there was something in that initial paperwork about how we weren’t responsible for fraudulent transactions.

Are you responsible for fraudulent charges on debit card?

With ATM or debit cards, you must act quickly to avoid full liability for unauthorized charges when your card is lost or stolen. Under the federal Electronic Fund Transfer Act, your liability is: $0 if you report the loss or theft of the card immediately and before any unauthorized charges are made.

How do I get my money back from unauthorized transactions?

At the latest, you must notify your bank within 60 days after your bank or credit union sends your statement showing the unauthorized transaction. If you wait longer, you could have to pay the full amount of any transactions that occurred after the 60-day period and before you notify your bank.

What do I do if there is suspicious activity on my debit card?

Consumers aren't liable for fraudulent debit-card transactions under the Electronic Funds Transfer Act, as long as they report the fraud within two days. Contact the bank as soon as possible when you notice suspicious activity and alert it of any unauthorized transactions, so that the bank can give your money back.

What happens if you file a false debit card dispute?

Those who make false claims under oath could face fines or even jailtime, depending on the severity of the case. Consumers who file frivolous chargebacks don't typically get hit with those kinds of penalties.

Who is responsible for bank frauds?

Through its regulatory oversight of national banks, the OCC works to implement legislation designed to detect, identify, and prevent financial crimes and fraud.

Can the bank find out who used my debit card?

You can rest assured knowing that anyone who can process a debit card charge must have a merchant account, which is linked to personally identifiable information about the account holder. Banks make it fairly easy to find out exactly who charged your debit card.

Can I report a scammer to the police?

Report the incident to the classified site immediately, sending them as much information as possible about the ad in question as possible. They can retrieve and store information to pass on to the police. Report the incident to your local police station so that they can open a case.

Do police investigate chargebacks?

Friendly fraud chargebacks are a huge problem for merchants, who have to take it upon themselves to provide evidence that refutes these claims. If they're confident that fraud has occurred and feel the case is substantial enough to warrant it, the bank may notify law enforcement agencies such as the FBI.

Can a bank deny a dispute?

Yes. If the cardholder doesn't make a compelling enough case to their bank, or doesn't have a valid reason for filing a chargeback, the bank may refuse to open a dispute.

Who pays when you dispute a charge?

You must keep paying your credit card bill like normal during the dispute process. As mentioned previously, card issuers usually remove disputed charges from the bill until the dispute is resolved, but you're still responsible for paying the rest of the bill.

What to do if you have been a victim of debit card fraud?

If you’ve been a victim of debit card fraud, there are several steps you can take to resolve unauthorized transactions and keep your account secure in the future. If you’re in the market for a new debit card, remember to compare your options until you find a card that suits your needs.

How can a fraudster get your debit card information?

There are several different ways a fraudster could get your debit card information: Skimming device. The scammer can attach a skimming device to an ATM, gas pump or anywhere else you swipe your card and steal information from your card’s magnetic strip. Hacking retailer’s online system.

What is fraud transaction?

A fraudulent transaction is the result of identity theft and involves the use of your debit card for charges that you did not authorize.

What is zero liability guarantee?

This is a guarantee offered by card issuers where a fraudulent or unauthorized transaction will not be completed. The money will not be removed from your bank account.

What to do if you report a fraudulent transaction on your debit card?

If you report a fraudulent transaction on your card, your bank should deactivate your card to prevent the person from making any more transactions. You should always check your debit card statement to make sure all the transactions listed are legitimate. This will help you identify any unusual activity.

How to dispute a debit card charge?

Every bank handles debit card disputes differently. But under Regulation E, your bank: 1 Must investigate a potential account error within 10 business days (or 20 business days for new accounts). 2 May extend its investigation up to take 45 days but generally provides you with a provisional credit in the meantime. 3 May require a written claim even after you notify them over the phone. 4 Must correct the charge within one business day if it determines that there is a legitimate error.

What happens if you get unauthorized charges on your debit card?

If the unauthorized charge was a point of sale transaction, your financial institution may cancel your debit card, or close your account if it was an ACH transfer. You may also need to file a police report if the fraudulent activity is severe or you suspect identity theft.

Fraudulent Debit Card Use Case Study

To best understand fraudulent credit card use, it will help to look at an example of how an innocent consumer might fall prey to this sort of crime.

How Banks Commonly Respond to Fraudulent Charges on a Debit Card

Most banks have measures in place that are specifically designed to thwart white collar criminals before they can gain access to assets like bank accounts and their corresponding Personal Identification Numbers (PINs).

The Power of Legal Representation

Sometimes, consumers will do everything in their power to protect their identity, safeguard their bank accounts, and make it as difficult as possible for criminals to steal their money.

Choosing an Attorney with a Track Record of Success

Have you been harmed by a lender, debt collector, insurance company, or by identity theft, etc? Tell us about your case. We're ready to help you tackle your consumer law issue, protect your rights & help restore normality in your life and/or business.

A Tale of ATM Fraud

In one recent case filed by SLG, the plaintiff discovered more than $3,000 in unauthorized ATM withdrawals and promptly reported those transactions to his financial institution, JP Morgan Chase Bank.

SLG Helps Victims of ATM and Debit Card Fraud

If you’ve identified fraudulent activity on your account and your financial institution has failed to investigate or has unreasonably refused to credit your account, you may still have options. Call right now or fill out the contact form on this site to learn more about how you can fight back.

Your Responsibility for Fraudulent Credit or Debit Card Charges

If someone steals your credit or debit card (or just your account number) and uses it to make purchases, will your card company hold you liable? The answer may depend on the type of card, whether the physical card is still in your possession, and when you alert the card issuer.

Talk with the pros

Our CPAs and advisors are a great resource if you’re ready to learn even more.

How much is the liability on a debit card?

In response to consumer complaints about the possibility of unlimited liability, some card issuers cap the liability on debit cards at $50. And some banks don't charge anything if unauthorized withdrawals appear on your statement. Also, some states have capped the liability for unauthorized withdrawals on an ATM or debit card at $50.

What happens if a credit card thief steals your number?

If the thief stole the number, but not the card, you have no liability. In either of the above situations, however, it's important to notify the card issuer as soon as you know of the theft—by phone and in writing. To dispute unauthorized charges, send a letter to the credit card company at the address given for this purpose, ...

What to do if your ATM card is stolen?

If your ATM, debit, or credit card is lost or stolen, don't panic. Federal laws and bank policies limit your liability for unauthorized charges. But it's important to notify the bank or card issuer of the loss or theft as soon as you discover it. Read on to learn about your notification duties and maximum liability for each type of card.

How to dispute unauthorized charges?

To dispute unauthorized charges, send a letter to the credit card company at the address given for this purpose, not the address for sending your payments, and include your name, address, account number, and a description of the billing error. You may use the Federal Trade Commission's sample letter.

How long does it take to report a lost credit card?

If your card wasn't lost or stolen, but the number is used for unauthorized transactions, you aren't liable for those transactions so long as you report them within 60 days of the statement being sent to you.

Can a credit card be held liable for fraud?

Under the Fair Credit Billing Act, your liability for unauthorized charges depends on whether the thief personally presented your card to make the purchase, or just stole the number. If the thief personally presents your card to make the purchase, the card issuer can't hold you liable for more than $50 in fraudulent charges.

What do I do if someone used my debit card without permission?

Immediately contact your bank if someone uses your debit card without your permission. The bank may issue a new debit card and you can change your PIN as well. You can also contact your police department to open up a fraud investigation.

Can I track who used my debit card?

All card transactions leave a paper trail which can be traced. A transaction will generate the time, date, place of transaction, and the charged amount. The retail location at which your card was used may have surveillance video of the person who used your debit card.

Can you press charges if someone uses your debit card?

You can file charges against someone who uses your debit card illegally by reporting the incident to your Police Department. In most debit card fraud cases, it can be difficult to track down the individual who stole your debit card information.

Do banks refund unauthorized transactions?

Banks and credit unions typically do not refund unauthorized transactions on debit cards. Unauthorized transactions on debit cards may be refunded for all transactions which occur after fraud has been reported. In most cases, unauthorized transactions on credit cards are refunded without question.

What to do if your child used your debit card without permission?

Get your money back from an unauthorized debit card transaction by your child by first contacting the merchant. If the merchant doesn’t resolve the issue, contact your card issuer to dispute the charges. When all else fails, contact the FTC and file a complaint.

How to handle unauthorized use of debit card by family member or boyfriend

To handle unauthorized use of a debit card by a family member, boyfriend, or girlfriend, confront and ask them to repay the amount. Gather evidence if they fail to repay and contact your police department to start an investigation. Alternatively, you can request a new debit card, deactivate the old, and protect the new information.

Summary: Someone used my debit card without permission

As you can see, the best thing to do when someone uses your debit card without permission is the contact your bank. The bank must be aware of fraudulent charges so they can deactivate the old card and issue a new card. You are responsible for all debit card transactions until the fraud is reported.