Skip to content
BOL Conferences
Thread Options
#2220035 - 08/20/19 06:51 PM Reg E Dispute and Bank Filed Police Report
Bank Compliance Offline
New Poster
Joined: Apr 2009
Posts: 22
We have situations were a customer disputes a debit card transaction for fraud. We investigate and find out that it is a relative or friend of the customer, they do not want to press charges. We refund the customer the money under Reg E and we the bank want to press charges. We are being told by a police detective that we as a bank cannot press charges- only the customer can. Does anyone else run into this? Or are other Banks able to press charges since they victim of the loss?
Any help is appreciated.

Return to Top
Deposits and Payments
#2220040 - 08/20/19 07:28 PM Re: Reg E Dispute and Bank Filed Police Report Bank Compliance
Oursisnottoreasonwhy Offline
Platinum Poster
Oursisnottoreasonwhy
Joined: Nov 2004
Posts: 503
Central Illinois
I believe if the bank customer is not willing to press charges then you deny the claim as an authorized transaction.

Return to Top
#2220051 - 08/20/19 08:24 PM Re: Reg E Dispute and Bank Filed Police Report Oursisnottoreasonwhy
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,363
Galveston, TX
Originally Posted by Oursisnottoreasonwhy
I believe if the bank customer is not willing to press charges then you deny the claim as an authorized transaction.


And then you get in line for the CMPs being issued by the regulators for this very reason.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#2220068 - 08/21/19 03:51 AM Re: Reg E Dispute and Bank Filed Police Report Bank Compliance
JacF Offline

Power Poster
Joined: Nov 2001
Posts: 6,719
PA
I have had mixed results with these conversations. But even the detectives who understand that the bank, as the financial-loss-holding-victim, can press charges, they still really want the customer involved, because it is the customer who can testify that a transaction is unauthorized.

Return to Top
#2220070 - 08/21/19 01:06 PM Re: Reg E Dispute and Bank Filed Police Report Bank Compliance
Adam Witmer Offline
Power Poster
Joined: Sep 2010
Posts: 2,658
Randy is exactly right (of course) that you can't deny a claim because a customer is not willing to press charges. The FDIC's new Consumer Compliance Supervisory Highlights briefly explains this:

Discouraging the filing of error resolution requests. .... the FDIC has observed financial institutions implementing onerous requirements for initiating an error investigation or resolving consumer error claims. Some of these have included.... .... (3) requiring consumers to file a police report; and/or (4) requiring consumers to agree to assist law enforcement and/or serve as witnesses in any action brought against the individuals responsible for the unauthorized transaction.

The full publication can be found here: https://www.fdic.gov/regulations/examinations/consumercomplsupervisoryhighlights.pdf
_________________________
Adam Witmer, CRCM

All statements are my opinion, not those of my employer, and should not be taken as legal advice.
www.compliancecohort.com

Return to Top
#2220147 - 08/21/19 07:21 PM Re: Reg E Dispute and Bank Filed Police Report Bank Compliance
Bank Compliance Offline
New Poster
Joined: Apr 2009
Posts: 22
So do other banks press charges or are they just eating the loss and taking the debit card away from the customer?

Return to Top
#2220150 - 08/21/19 07:24 PM Re: Reg E Dispute and Bank Filed Police Report Bank Compliance
John Burnett Offline
10K Club
John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
Ask anyone involved in cleaning up after the mess the Bureau found at USAA FSB (see https://www.bankersonline.com/topstory/160325) about handling customers' Reg E error claims.
_________________________
John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8

Return to Top
#2220158 - 08/21/19 07:31 PM Re: Reg E Dispute and Bank Filed Police Report Bank Compliance
Bank Compliance Offline
New Poster
Joined: Apr 2009
Posts: 22
Just to clarify- We are accepting the dispute and reimbursing the customer- I guess what I mean with the pressing charges would be to try to recoup the money we wrote off.

Return to Top
#2220159 - 08/21/19 07:33 PM Re: Reg E Dispute and Bank Filed Police Report Bank Compliance
John Burnett Offline
10K Club
John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
Yes, you are now the aggrieved party (unless it can be proven that the claim was a fraud), and, although LE might be less sanguine about pursuing the matter on the bank's behalf, you certainly can pursue the matter civilly if you have a suspect.
_________________________
John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8

Return to Top
#2220160 - 08/21/19 07:36 PM Re: Reg E Dispute and Bank Filed Police Report Bank Compliance
BrianC Offline
Power Poster
BrianC
Joined: Nov 2004
Posts: 6,716
Illinois
As the financial victim you are allowed to seek restitution from the perpetrator. However, depending on the law enforcement agency, they may express little interest in coming to the "deep pocketed" bank's aid. I work with many clients in Chicago who find that law enforcement is more focused on violent crime than a family member or friend who steals a debit card.

The reaction you are seeing from other posters is in response to reasonwhy's suggestion that you use the victim's refusal to work with law enforcement as justification to deny the claim.
_________________________
Sola Gratia, Sola Fides, Sola Scriptura, Solus Christus, Soli Deo Gloria!
www.tcaregs.com

Return to Top

Moderator:  John Burnett