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Withdrawal From Bank Account Using PIN Number After Debit Card Was Stolen

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  • 07-08-2014, 05:16 PM
    marleysmom
    Withdrawal From Bank Account Using PIN Number After Debit Card Was Stolen
    My question involves personal finance in the State of: Washington

    My husbands debit card was either lost or stolen this past Friday. I believe it was my daughter but have no proof. It was a pin based transaction for $1,000. We never told her the pin, but living in our house I guess at some point she could have overheard it (he typically uses the same number for things), or possibly guessed it as it is based off of significant (to my husband) football jersey numbers.

    We filed a police report and I filed an unauthorized debit use with our bank. I have looked online and it appears that we should get our money back sans $50, however I was wondering if it could be different rules because it is a pin based transaction? Also is there a way for use to get copies of the video so that we can see if it was her?

    I have a feeling she is smart enough to have had a friend do it, if it was indeed her. Is there any way of possibly catching this person? Also if they do find out it was her, we fully intend to press charges, what kind of crime would she be faced with?
  • 07-08-2014, 06:15 PM
    adjusterjack
    Re: Atm Card Stolen, Pin Used to Withdraw $1000
    Quote:

    Quoting marleysmom
    View Post
    I was wondering if it could be different rules because it is a pin based transaction? Also is there a way for use to get copies of the video so that we can see if it was her?

    What did the people at the bank say when you asked those two questions?

    If you didn't ask, I suggest you do so.

    Strangers on the internet would have no idea what any particular bank's practices are.

    - - - Updated - - -

    Quote:

    Quoting marleysmom
    View Post
    I have a feeling she is smart enough to have had a friend do it, if it was indeed her. Is there any way of possibly catching this person? Also if they do find out it was her, we fully intend to press charges, what kind of crime would she be faced with?

    Theft 2nd Degree (9A.56.040): The theft of property or services with a value over $750 but less than $5,000 or the theft of an access device (a card, code, or other means of account access).

    Theft 2nd Degree is a Class C Felony punishable by a maximum of 5 years in jail and a $10,000 fine. Actual penalties for a Washington theft crime, however, are determined by the Sentencing Reform Act, RCW 9.94A and the Washington State Sentencing Guidelines.


    Even if your daughter had somebody else do it for her, your daughter would be just as guilty of theft as the doer.
  • 07-08-2014, 06:48 PM
    Disagreeable
    Re: Atm Card Stolen, Pin Used to Withdraw $1000
    They will be likely to deny a credit unless you identify the PIN user for prosecution IMO.
  • 07-08-2014, 11:02 PM
    Mr. Knowitall
    Re: Atm Card Stolen, Pin Used to Withdraw $1000
    Quote:

    Quoting marleysmom
    View Post
    We filed a police report and I filed an unauthorized debit use with our bank. I have looked online and it appears that we should get our money back sans $50, however I was wondering if it could be different rules because it is a pin based transaction?

    The law at issue is the Electronic Fund Transfer Act, specifically 15 USC Sec. 1693g.
    Quote:

    Quoting 15 USC Sec. 1693g(a)
    (a) Unauthorized electronic fund transfers; limit A consumer shall be liable for any unauthorized electronic fund transfer involving the account of such consumer only if the card or other means of access utilized for such transfer was an accepted card or other [means] of access and if the issuer of such card, code, or other means of access has provided a means whereby the user of such card, code, or other means of access can be identified as the person authorized to use it, such as by signature, photograph, or fingerprint or by electronic or mechanical confirmation. In no event, however, shall a consumer’s liability for an unauthorized transfer exceed the lesser of —

    (1) $50; or

    (2) the amount of money or value of property or services obtained in such unauthorized electronic fund transfer prior to the time the financial institution is notified of, or otherwise becomes aware of, circumstances which lead to the reasonable belief that an unauthorized electronic fund transfer involving the consumer’s account has been or may be effected. Notice under this paragraph is sufficient when such steps have been taken as may be reasonably required in the ordinary course of business to provide the financial institution with the pertinent information, whether or not any particular officer, employee, or agent of the financial institution does in fact receive such information.

    Notwithstanding the foregoing, reimbursement need not be made to the consumer for losses the financial institution establishes would not have occurred but for the failure of the consumer to report within sixty days of transmittal of the statement (or in extenuating circumstances such as extended travel or hospitalization, within a reasonable time under the circumstances) any unauthorized electronic fund transfer or account error which appears on the periodic statement provided to the consumer under section 1693d of this title. In addition, reimbursement need not be made to the consumer for losses which the financial institution establishes would not have occurred but for the failure of the consumer to report any loss or theft of a card or other means of access within two business days after the consumer learns of the loss or theft (or in extenuating circumstances such as extended travel or hospitalization, within a longer period which is reasonable under the circumstances), but the consumer’s liability under this subsection in any such case may not exceed a total of $500, or the amount of unauthorized electronic fund transfers which occur following the close of two business days (or such longer period) after the consumer learns of the loss or theft but prior to notice to the financial institution under this subsection, whichever is less.

    The first question is thus whether you made a report of the theft to the bank within two business days after learning of the loss or theft. If more than two days passed between the theft and use of the card, the bank may take the position that your report fell outside of the two-day window, increasing your exposure to $500. I'm assuming that this all occurred within a sixty day window. The bank could potentially investigate your report of the theft of the card as potentially fraudulent, and such an investigation could occur even after they issue a credit to the account.

    It is reasonable to believe that the bank will be investigating the incident, and will be reporting the incident to the police. They will be able to identify the ATM where the transaction occurred and would likely seek a copy of the security video. Whether or not you can obtain a copy of the video will depend upon the policies of whomever owns the security footage -- it could be a bank or other financial institution, or it could be a private merchant that owns or leases an ATM for its customers.
  • 07-09-2014, 10:26 AM
    marleysmom
    Re: Atm Card Stolen, Pin Used to Withdraw $1000
    We found out the money had been taken out at 1:00pm on July 4 (holiday), I immediately called the 24/7 number to cancel the card and we called the police and filed a report. The money had been taken out at 10am that morning.

    I called the bank the next morning (Saturday) to report that it was stolen and that the transaction was not ours. She took note of the case # from the police. She told me I had to fill out a fraud report, which I wasn't able to do until Monday since we do not have a printer/scanner at home. Would that still fall within the 2 days?
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