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#2059304 - 01/19/16 06:08 PM Reg E - customer says its not her & we think it is
BSAguy Offline
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Kansas
A customer of ours came in and indicated that several thousands of dollars of transactions were fraudulent. She told us (and filed a police report) saying that her purse that had her debit card in it was stolen while she was at her father's bedside in a hospital after he had a stroke. She initially thought she left it in her car which her husband took out of town for a week for his job. So, she didn't realize her card was missing/stolen until last week. We were able to obtain video from 2 ATMs at another bank where 2 of the transactions took place. These ATM transactions are right in the middle of the string of transactions that she says are ones she did not do. The person in the ATM video looks like our customer. When we confronted her, she denies that it was her. We are convinced it is her, based on looks, build, and hair color (bright red). She even came in to discuss the issue with bank personnel wearing the same coat that the person in the ATM videos had on. Based on our belief that the person in the video is our customer, are we able to deny her claim and stay within compliance of Reg E?

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#2059331 - 01/19/16 07:45 PM Re: Reg E - customer says its not her & we think it is BSAguy
rlcarey Online
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rlcarey
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Galveston, TX
That is a legal question, but I would. Where were the other transactions and do they resemble any sort of typical pattern for the customer?
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#2059346 - 01/19/16 08:27 PM Re: Reg E - customer says its not her & we think it is BSAguy
BSAguy Offline
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Kansas
When she made her initial claim, she said that her card was stolen and all transactions within a specific date range were not hers. Outside of the ATM transactions, all of the other transactions are within a day or two before and after the ATM transactions. In addition, the other transactions are all in the same city as the ATM transactions.

I've just never been in a situation where a financial institution has video that looks like the customer completing some of the disputed transactions and yet the customer still claims that isn't her.

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#2059354 - 01/19/16 08:40 PM Re: Reg E - customer says its not her & we think it is BSAguy
rlcarey Online
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rlcarey
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Galveston, TX
Well, you can always deny the claim and let her sue you. Based on available evidence, I would say that you have sufficient believe that she is not telling the truth.
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#2059383 - 01/19/16 09:58 PM Re: Reg E - customer says its not her & we think it is BSAguy
BSAguy Offline
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Kansas
Thanks Randy. I think that is what we are going to do. Now, we get to come up with something to nicely say we think she is lying on our letter telling her that we are not reimbursing her.

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#2059443 - 01/20/16 03:03 PM Re: Reg E - customer says its not her & we think it is BSAguy
HappyGilmore Offline
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Pulling people out of the ditc...
Dear customer - we have reviewed your claim for unauthorized transactions where you state that the card was not in your possession. based on our review of video evidence from the ATM withdrawals of $X and $Y on (insert dates here) at (location of ATM), evidence shows you are the party withdrawing the funds, therefore having access to your card. We are denying your claim based on this video evidence. If you have additional information that you can provide, we will consider this.

thank you

PS - here is a cashiers check for the balance of your account, which is now closed.
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#2059455 - 01/20/16 03:30 PM Re: Reg E - customer says its not her & we think it is BSAguy
NotDoneYet Offline
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NotDoneYet
Joined: Jul 2010
Posts: 482
PA
We had a situation where a customer's purse was stolen, which included checkbook and ID. When someone started transacting the checks through one of our drive-up windows very shortly after the customer reported it, the tellers were sure it was the customer. She looked exactly like the ID, which the bank's video showed as well. The only way we knew it wasn't her was because she was at the police dept at that time filing a report. Apparently, the thief wore a wig and similar clothing to what was on the ID.

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#2059524 - 01/20/16 05:23 PM Re: Reg E - customer says its not her & we think it is BSAguy
Naise Offline
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Joined: Feb 2014
Posts: 91
We don't even include a reason. "We have investigated and determined that an error did not occur. Let us know if you want documented proof. Thanks" (essentially). Then definitely a follow-up letter "we have decided to close your account, per our account agreement. Here's a check. Thanks". It's a lot faster to have a group of one size fits all Reg E letters. I think we may have eight all together, and none of them include account details (except a mail merge thing that pulls the name, address, amounts and few other basics from a spreadsheet). But we have so many disputes that we'd need a full time employee to write customized letters any way. And the dispute department is definitely not a money maker to begin with.

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#2059527 - 01/20/16 05:33 PM Re: Reg E - customer says its not her & we think it is Naise
Elwood P. Dowd Offline
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Next to Harvey
Nice. wink
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