01/31/2011
I have a debit card dispute on 52 transactions (all from the same merchant) with dates ranging from 9/26/10 thru 11/21/10. This customer states that the merchant contacted her about the possibility of fraud on 11/19/10. On that same date, she contacted our bank and had her card cancelled. She did not file a dispute with us until 1/26/11 because she claims she has been working with this merchant to resolve the dispute. My question is, what date should be used in determining the 60 day statement guideline for provisional credit? Should we consider 11/19/10 as the notification date, or 1/26/11?
10/25/2010
A customer's phone was stolen, and because the debit card was on file with the phone company, the fraudulent charges were automatically applied to it. The customer is now wanting to file a dispute with us (the bank) to receive his money back ($200). How is this handled under Reg E and VISA? Should I file it as a VISA? Do I need to provide provisional credit, or does he need to take it up with his cell provider?
09/13/2010
I'm the compliance officer at a small community bank. We do not offer remote deposit capture, but from what I understand, some of our bank's commercial deposit customers have gone out on their own initiative and obtained RDC services from various third parties. Our customers are then using this platform to make deposits to their accounts at our bank. This would seem to involve risks to our bank, but I'm getting a lot of push-back from the sales side, that because our bank had nothing to do with the customer's decision to enroll in or obtain these RDC services, the bank has absolutely no risk. I'm not as convinced about that. Any help and or guidance appreciated.
09/06/2010
Is there a federal code that requires notifing a customer thirty days before closing an account that is receiving government payments?
01/18/2010
We offer commercial debit cards. One of our clients recently had fraudulent activity of POS transactions in another state. Our Debit Card Contract with our customer states that the client is responsible for any loss due to fraud and the bank is not liable. The customer is not happy that he is liable. I can’t find anything that states the bank would be liable. I just want to double check to make sure we are correct in thinking this way.
09/14/2009
We have an elderly lady who is claiming fraud on transactions dating back to April, 2009. We have contacted several of the merchants and have found that the person using her card is her son. What is her liability in this situation? She states that she authorized her son to purchase concert tickets with her card, but that was all.
08/24/2009
Any idea where I can find case law, past lawsuits, that have narrowed down the definition of "negligence" on the depositors’ part in giving or writing down debit card PINs in Reg E disputes? We have a case where a client is being sued by the bank's attorney and our client was a victim of theft by a kid, with previous fraud on his record. Our client has stated in a deposition that he did not give the kid the PIN. The bank's attorney is trying to sue and recover the provisional credit given by the bank and this attorney is quoting "negligence" cases under Reg E/12CFR205 . We cannot find those cases. Any help would be appreciated.
06/22/2009
If a customer is claiming fraud on his/her account and the bank has good reason to believe that the customer is not being truthful concerning the transactions in question, does the bank still have to give the provisional credit under Reg E?
06/15/2009
Our debit cards have the Visa logo. On the Visa website they advertise zero liability. Does this mean our customers are excluded from the $50.00 and $500.00 liability?
05/04/2009
We have a customer that has had debit card fraud occurring on his account. He just now caught on to it, but it has been happening since 10/2008. What is his liability? How far can we go back for charge backs?