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November 19
How to Conduct an Interrogation
Dana Turner

November 19
Blocking Internet Gambling -- Are You Ready?
John Burnett

November 20
Understanding Letters of Credit
Adam LaBoda

December 2
Auditing for the "Orphan" Compliance Regulations
Patricia Cashman

December 8
Robbery Suppression & Apprehension -- The SAFECATCH Strategy
Dana Turner

December 10
RESPA - Completing the New Good Faith Estimate
Mary Beth Guard and
Jack Holzknecht

December 16
RDC Risk Management and FFIEC Compliance: It is harder than you think!
Paul Carrubba and
Dan Fisher

December 18
RESPA - Completing the New HUD-1/1A
Mary Beth Guard and
Jack Holzknecht



Topic Options
#639907 - 11/20/06 11:22 AM "Lost" debit card while partying
ltackett Offline
Gold Star

Registered: 10/16/02
Posts: 449
Our customer admits she was "partying" when her debit card went missing. There is $1000+ charges she wants reimbursed for between ATM and POS transactions. She says she thinks she knows who is responsible and if she prosecutes she will repay the bank. Is there anything that we can do to not have to give her the money?

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#639910 - 11/20/06 11:27 AM Re: "Lost" debit card while partying [Re: ltackett]
Duchess Skittles Online
Power Poster

Registered: 09/10/02
Posts: 9503
Loc: KY
As long as she reported the loss promptly you will need to reimburse her.
_________________________
'Time flies like an arrow. Fruit flies like a banana.' - Groucho Marx

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#641299 - 11/22/06 12:06 PM Re: "Lost" debit card while partying [Re: Duchess Skittles]
BSA guy Online
Platinum Poster

Registered: 07/25/01
Posts: 503
I would make her put information in writing before reimbursing and then you have 10 days to investigate before reimbursing. I would also try to obtain video of POS and ATM transactions. We had a similar situation as yours and customer was in back seat of car with "partyers". Either way, they would never get another card at our bank.

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#641309 - 11/22/06 12:18 PM Re: "Lost" debit card while partying [Re: BSA guy]
John Burnett Online

Compliance is my life

Registered: 10/27/00
Posts: 18557
Loc: Cape Cod
Regulation E allows you to require that the consumer put the barest minimum of information in writing as a condition of providing provisional credit. But it does not permit you to refuse to process her error complaint even if it's only made orally. Other than that, I agree with BSA guy's suggestion that you attempt to get video or photo evidence of whether or not your customer participated in or benefited from the withdrawals (and not reissue a card).
_________________________
"I guess I should warn you, if I turn out to be particularly clear, you've probably misunderstood what I've said." -- Alan Greenspan

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#642401 - 11/27/06 11:54 AM Re: "Lost" debit card while partying [Re: John Burnett]
David Grodsky Offline
Gold Star

Registered: 01/19/06
Posts: 294
Loc: Salt Lake City, UT
In addition, once the transactions are declared as unauthorized, you have to meet the requirements of both 205.11 and 205.6
_________________________
My opinions do not necessarily reflect those of all the voices in my head.

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#645615 - 12/01/06 11:52 AM Re: "Lost" debit card while partying [Re: David Grodsky]
XODUS Offline
Power Poster

Registered: 05/31/05
Posts: 4384
further, as your institution will take the loss, it will be up to you to prosecute the individuals who did the transactions not the customer.
_________________________
I am the herald..

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