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#2240405 - 07/30/20 03:22 PM Unclear Reg E and Merchant Disputes
stonec Offline
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Joined: Nov 2018
Posts: 24
Good morning everyone.

We have yet another question that we're trying to grapple with regarding a dispute case we have open. A client reported that he wanted to dispute some ATM withdrawals on his account.

Two of them were at the same location and being disputed as unauthorized. However, during conversation with the banker who took his case, he said he wanted to drop it (it is not clear if he was saying they were authorized withdrawals but he did not want to dispute those items). His girlfriend pressured him into continuing the disputes for those two but she is not on the checking account at all and does not have her own debit card for the account.

There was only one other disputed ATM withdrawal, but we were provided with both incorrect amount dispensed and multiple debits for only one authorized transaction as dispute reasons, which does not make sense.

Are we right to deny any/all of these transactions based on the contradictory information provided to us by the client if we are unable to reach him for further questions? If not, what is our recourse and how should we proceed with the dispute when we don't know if any unauthorized transactions did, in fact, post to the account nor what the error was for our third and final disputed transaction?

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#2240407 - 07/30/20 03:29 PM Re: Unclear Reg E and Merchant Disputes stonec
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 84,663
Galveston, TX
Have you ordered photos of the conductors?

Have you contacted the customer again to clarify their dispute intentions?
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#2240454 - 07/30/20 09:57 PM Re: Unclear Reg E and Merchant Disputes rlcarey
stonec Offline
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Joined: Nov 2018
Posts: 24
The conductors as in the users at the ATMs?

And we have been working on getting ahold of the clients again but they are keeping themselves pretty busy and making it difficult to speak with them.

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#2240456 - 07/30/20 10:00 PM Re: Unclear Reg E and Merchant Disputes stonec
stonec Offline
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Joined: Nov 2018
Posts: 24
To order the ATM photos, who would we go to? The owner of the premises the ATM is on, the servicer, someone else? Is there a more general way of going about that?

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#2240555 - 08/03/20 07:09 PM Re: Unclear Reg E and Merchant Disputes stonec
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
You should have an operations manual or other documentation from the network through which the transaction was presented to you, or that documentation may be in the hands of a third-party service provider. That's where you find out how to request any photos that might be available.

If you aren't able to go back through the network, contact the management of the premises and the deployer/owner of the ATM.
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John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
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#2240676 - 08/05/20 04:00 PM Re: Unclear Reg E and Merchant Disputes John Burnett
stonec Offline
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Joined: Nov 2018
Posts: 24
Thank you John. That is very helpful and is certainly something we will look into.

With regards to the non-fraud transactions our client also wanted to dispute... Are those ones that we can deny should we be unable to reach our client since the dispute reason and amount are both unclear (partial dispense vs multiple debits and partial amount vs full amount)?

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#2240902 - 08/11/20 07:47 PM Re: Unclear Reg E and Merchant Disputes stonec
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
You need more information from the cardholder for partial dispense-- What was he/she charged (what his the account)? How much was dispensed? And what he/she means by multiple debits. You may be able to get some of that information from the account record, but how much cash the cardholder actually received when "partial dispense" is claimed is an unknown.

You can contact the ATM owner to see if its records have any error codes from the ATM that indicate partial dispenses. at or about the time of the transaction in question.
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John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8

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#2244002 - 10/13/20 11:15 PM Re: Unclear Reg E and Merchant Disputes John Burnett
stonec Offline
New Poster
Joined: Nov 2018
Posts: 24
Apologies for the suuuuper late reply. It turns out I was misinterpreting the dispute paperwork. We were able to work out the correct chargeback claims and submitted appropriately. I will keep this reply in mind, though.

Thanks again for your help.

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