We have a customer that is disputing a debit card transaction. She does not deny that she made the transaction, only that the use of her personal debit card was not authorized. When asked how the company got her debit card number she said she had given them that number on a prior order, but had not authorized them to use it for the payment being disputed (she has not said what the company was supposed to use for payment). We investigated and have copies of the order from the company along with a signed UPS receipt showing that the merchandise was delivered. Therefore the company will not pay the claim. Our customer wants her money back, claiming that this was a business purchase (she and her son run a small business) and the company should not have used her "personal" debit card. Does the bank have to pay her? Seems to me, since she has the merchandise, her business could reimburse her for the use of her personal debit card (we have suggested this). If we have to credit her she will have the merchandise and her money.

The definition of "Unauthorized Electronic Funds Transfer" in §205.2(m) is:

"Unauthorized electronic fund transfer means an electronic fund transfer from a consumer’s account initiated by a person other than the consumer without actual authority to initiate the transfer and from which the consumer receives no benefit. The term does not include an electronic fund transfer initiated:

1. By a person who was furnished the access device to the consumer’s account by the consumer, unless the consumer has notified the financial institution that transfers by that person are no longer authorized;

2. With fraudulent intent by the consumer or any person acting in concert with the consumer; or

3. By the financial institution or its employee."


I know this is a technicality, but since your customer received the merchandise, she received benefit. Therefore, this transaction doesn't meet the definition of "unauthorized".

Thanks for the help David. We told the lady that she is welcome to redispute this issue, but we would need a statement that she did not received the merchandise. So far we've heard nothing more from her.