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#2276123 - 09/28/22 09:10 PM REG E Dispute Denial Reason
JC Offline
100 Club
Joined: Jan 2014
Posts: 147
Oklahoma
We have a client who is disputing 58 Uber Eats transactions over a two month period of time. He states that he has possession of his card. The client accessed online banking every day during this period of time and did not report the unauthorized transactions. Additionally, he made several ATM and Branch deposits and withdrawals. Is that basis enough to deny the claim? I am not confident in this reason for denial.

Thanks!

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#2276124 - 09/28/22 09:17 PM Re: REG E Dispute Denial Reason JC
BrianC Offline
Power Poster
BrianC
Joined: Nov 2004
Posts: 6,694
Illinois
Not even close to enough evidence to deny a claim. Conducting transctions and access online banking in no way proves that your customer authorized or benefited from a transacrion. The commentary to 1005.6 notes you can't rely on the receipt of a periodic statement as evidence that a customer knew about transactions.

2. Knowledge of loss or theft of access device. The fact that a consumer has received a periodic statement that reflects unauthorized transfers may be a factor in determining whether the consumer had knowledge of the loss or theft, but cannot be deemed to represent conclusive evidence that the consumer had such knowledge.

Finally, since Uber transactions are conducted by connecting a debit card to the Uber app, possession of the card does not prove that the customer authorized charges as the card information could have been compromised and used fraudulently on the Uber app.
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#2276138 - 09/29/22 12:25 PM Re: REG E Dispute Denial Reason JC
Adam Witmer Offline
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Joined: Sep 2010
Posts: 2,658
I agree with Brian 100% based on the commentary he quoted above. You can't deny a claim just because a customer accessed online banking.
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Adam Witmer, CRCM

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

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#2276139 - 09/29/22 12:26 PM Re: REG E Dispute Denial Reason JC
JC Offline
100 Club
Joined: Jan 2014
Posts: 147
Oklahoma
Thank you so much. I appreciate you both!

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