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#1971961 - 10/24/14 07:28 PM Consumer provides DC # and PIN=Unauthorized Tran?
k8e Offline
100 Club
Joined: Sep 2012
Posts: 131
Need some guidance here -
If a customer willingly gives out their OLB log in credentials, entire debit card number, pin, SSN, and DOB thinking he was supplying the info to participate in a quick cash investment but actually turned into multiple "unauthorized" transactions on his account, does the FI have ground to deny the claim?
I know we can't deny a claim based on a consumer's negligence/stupidity, but come on! This goes above and beyond writing your PIN on your card.
Thoughts? shocked

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eBanking / Technology
#1971972 - 10/24/14 07:59 PM Re: Consumer provides DC # and PIN=Unauthorized Tran? k8e
BrianC Offline
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BrianC
Joined: Nov 2004
Posts: 6,722
Illinois
I refer you to the official interpretations of Reg E 1005.2(m) Unauthorized Electronic Funds Transfer.

2. Authority. If a consumer furnishes an access device and grants authority to make transfers to a person (such as a family member or co-worker) who exceeds the authority given, the consumer is fully liable for the transfers unless the consumer has notified the financial institution that transfers by that person are no longer authorized.

3. Access device obtained through robbery or fraud. An unauthorized EFT includes a transfer initiated by a person who obtained the access device from the consumer through fraud or robbery.

I believe #3 applies, not #2. Your customer was scammed into giving up their access device by fraud. This is not the same situation as handing your card to a family member or friend and them exceeding the transactions they were allowed to perform. Your best bet to limit your losses here is to not replace the debit card or the internet banking ID & Password.
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#1972005 - 10/24/14 09:01 PM Re: Consumer provides DC # and PIN=Unauthorized Tran? k8e
k8e Offline
100 Club
Joined: Sep 2012
Posts: 131
Booooooooooo.
Thanks Brian!

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