Debit card cloned, 10k gone, bank denying claim. Advice?

[elehhhhna]

Informed the bank asap on 8/9. They claim to have sent a denial letter 8/10 saying that because I had possession and was using the card during this activity there was no error on their part per the EFT act. Guess they figure I was using the card all over my neighborhood while it was simultaneously being used for cash and transfers across town in a highcrime area?

I have made them reopen the investigation which they allegedly performed in less than 24 hours. The 9k in Western Union transfers were done in increments of around $900 each. All the cash was pulled at a gas station atm - that address showed up on the statement.

I filed a police report yesterday (banks fraud unit did not not encourage this when we spoke. I asked if I should, they said I could but that the police won't do anything.) Bank claims they didn't flag the transactions because the pin was used. What now?

[exboyfil]

1. I am sorry for your loss

That is crappy advice from the bank (actually it is self serving since a police report is evidence that fraud did exist). I would definitely get a new bank once this issue is resolved. The police might very well pull the video at the ATM (you got the ball rolling by filing a report).

I never use debit cards and this is the primary reason why. You have more protection with a credit card. You can always refuse to pay them and force them to take you to court to collect. The police report on the fraud would be evidence in your favor.

I suspect that the contract you signed with your bank involving the debit card is entirely in their favor. You could try local media to shame them after other avenues are explored. You could also take them to court, but you would be at a disadvantage.

[PuppyBismark]

2. Debit Cards do not have the same protections that credit cards have.

Hi,
This may be a long struggle. The bank may have a video of the use of the card and that may help your claim.

In the mean time, many banks now have alert features with credit and debit cards. Set them up either on their web site or by calling them. Then you can get text messages and emails when the cards are used. Anybody who has either type of card MUST set the alerts.

Sorry I can't be much more help.

[FSogol]

3. Same thing happened to me in July on a trip. Here's what happened:

Had the card in my possession in Virginia, yet someone in Miami started charging $400.17 increments until the account was wiped out. Called my credit union. They canceled the card, put the money back in my account pending investigation, and sent me affidavits to fill out. The following Monday, I picked up a new card. Within a week, the investigation concluded that the payments weren't legit and all the money was returned to my account.

My recommendation is that you keep calling them and don't accept their response. Did they have you fill out an affidavit?

After everything is concluded and you get your money back, move your account to a credit union. They are much more user friendly.

[sarcasmo]

4. Haven't used a debit card in 5 years this is the reason why.

Gas station skimmers are common. Non-bank ATM machines are notorious for skimming.
Hire a lawyer and force the bank's hand.

[RKP5637]

5. I had something somewhat similar happen. Used my debit card at a gas station, and then

noticed 2 charges of $200 each had been made at two gas stations. Notified my bank and they immediately issued a credit. It was investigated and found a card reader had been installed at the pump. My credit card was still in my possession. Sounds like your bank is giving you a runaround.

[grossproffit]

6. How long before you realized your numbers were being used fraudulently?

Federal Trade Commission:

https://www.consumer.ftc.gov/articles/0213-lost-or-stolen-credit-atm-and-debit-cards#Limit

[elehhhhna]

7. 48 hours.

And I just filed with the CFPB

[grossproffit]

11. Good. Your maximum penalty should not exceed $500. Keep us updated.

[moonscape]

16. From your link, looks like all $$ should be returned, no?

"If someone makes unauthorized transactions with your debit card number, but your card is not lost, you are not liable for those transactions if you report them within 60 days of your statement being sent to you."

[elehhhhna]

24. The EFT Act they mentioned in the denial says this (from the site you linked )

"If someone makes unauthorized transactions with your debit card number, but your card is not lost, you are not liable for those transactions if you report them within 60 days of your statement being sent to you."

As a reason to NOT cover it!!! Because it happened while I had and was using the card. Which was simultaneously being bled many miles away in a shady part of town. These asshats don't know that my boss is an attorney who specializes in tax and finance. He's upstanding and amazing guy, and he's totally up for this fight.

[bpj62]

8. Change Banks

Do not use vendors that force you to use your pin. They do this to avoid paying the credit card fee that is charged to the vendor by by whichever company they are using. The bank is playing hardball with you because you had possession of your card the entire time. I have gotten into arguments with vendors who tell me I can only use the debit card. Hope things work out for you.

[Corgigal]

9. Our bank account too was wiped out

I went to the secretariat festival, bought a teeshirt in Paris Kentucky. Checked our bank account at the hotel the next morning and was wiped out. What they did is purchased VIP tickets to a comedian act in Las Vegas. We didn't have as much as you. Around 1500 dollars. Called the bank, idiot didn't believe me. Called Ticketmaster so maybe they wouldn't honor the tickets, since the show was that evening, they did nothing.

Went home and called local tv station. Was asked if we would talk about it on camera. We said sure. TV station says nobody talks about this,even though it happens all the time cause people are embarrassed. I could care less.

Camera guy came out. Hubby, did the we went to visit our son at his college, went to a Secerariat festival blah, blah. Only had 3 dollars in the bank and were thankful we had credit cards to get home. TV crew called bank. Bank freaked out and got bumped up to priority banking. Our story ran the next day.

Money in bank the next day. I'm gonna mail you some key words to find the segment online.

I got no shame in my game, and I wasn't gonna lose.
.

[RKP5637]

21. K&R!!! n/t

[roamer65]

10. Going forward...I would recommend using only credit cards.

The banks behave WAY differently when it is their money on the line.

I only use my debit card at reputable bank ATM's.

Get an attorney and sue them.

[Nay]

18. I only use my debit card at about 6 local chain stores I patronize. I never use it for gas,

at restaurants, or on trips of any kind.

My main credit card was skimmed twice, and both times I was made whole immediately. Use your credit cards when you are out of town, at any unfamiliar store, at an event site, etc. Very dangerous to use your debit card at those places.

[GulfCoast66]

12. The only place I use a debit card is at a bank

Credit everywhere else.

It is easy to challenge a fraudulent CC charge. With a debit card your luck may vary depending on your bank.

[Corgigal]

13. TV segment

It wasn't as much money as I though. Doesn't matter, still shocking. Our name is mispronounced and we don't live there anymore, actually moved to Kentucky a few months ago. However, the bank really did freak out and we shouldn't have been treated the way we were. If I can help, let me know.

[grossproffit]

15. You're AMAZING! Thank you so much for sharing your story with us.

[RKP5637]

22. K&R!!! n/t

[dalton99a]

14. Kick.

[CanonRay]

17. ATMs have cameras

Contact the fraud department at whichever banks own those ATMs and see if they have film of the transaction. It would at least show it's not you, even if you can't id the perp.

[superpatriotman]

19. Back to cash

That is the way of the future

[mackdaddy]

20. Homeowners insurance policies have some fraud protection.

So that is one area you can go after if you get no satisfaction from the bank or police or band regulators. The insurance company may also be a bigger pain for the bank, or pay for your legal expenses going after the bank. I would use this as a later resort though.

The bank people really are being pricks about this. Keep going after them and do not let up. I would ask for an escalation to fraud managers. It is amazing that they were waffling about filing a police report. That is a very large fraud theft. They almost act like if they can make you eat the theft then they get some kind of inside the bank reward for saving the bank an expense. Reminds me of dealing with trying to get pre-approval for a medical procedure from and insurance company.

So keep after the bank. Talk to the local branch manager if you have one. Keep after the police too. Ask if they have done any investigations, or checked any video evidence. Ask if this might be part of a larger fraud investigation. Call federal regulators, and your state attorney general, and the local media. Too bad it take all of this to make this particular bank do the right thing.

[stevenleser]

23. Pm in the process of being sent. nt

[elehhhhna]

28. Thx Steve!

[imanamerican63]

25. Had mine stolen too!

My bank called, luckily they did not get anything from my account! I have a certain withdrawal limit and when they tried to get a large amount, the card and account was frozen right then! Sorry to hear that you lost that amount of money. Isn't your bank insured? They should protect your account and money!

[DFW]

26. i HATE using cards in the States

I know you have to with hotels and the like, but I still use cash where I can and it's convenient, even if it's in the hundreds of dollars. These days, I get looked at as if I was from Mars, but I don't have the time or the inclination to run back to North America every time some merchant can't be bothered to install security. In addition, I inform the card company's fraud division in advance when I will be in the States and where, and what kind of transaction I foresee. Anything that diverges from that routine, even if it's $20, they call me at a designated number before letting payment go through.

[VMA131Marine]

27. Name and shame!

Which bank is this?

[grossproffit]

29. Any updates?

[elehhhhna]

30. I and a helpful DUer called their corporate office and they fixed it the same day LOL