We have a customer that is disputing a number of transactions, including 1 ATM transaction. She claims that her ex-husband stole her debit card and conducted those transactions. While they do have one active account together, the account associated with the debit card is for an account where she is the owner.

In reviewing the ATM video, he did conduct the transaction. There is a passenger in the vehicle with him, but while it looks like it might be the customer disputing the transaction, we cannot be 100% sure. Additionally, the car being driven looks like the same car generally driven by the customer disputing the transaction. That being said, we have ATM video of him making ATM withdrawals in the past and those were never disputed by the customer.

We have tried contacting the customer to ask some more questions, but voice mail picks up and the message is in a man's voice. We tried contacting her through electronic banking and received a response that she cannot call the bank because her phone is disconnected. The customer was asked to come into the bank to speak with Card Services, the message was read, but there was no response. The next morning the customer went into a branch and withdrew almost all the in their account. Unfortunately, the teller did not see the message on the account that said to put the customer in contact with Card Services.

So a couple of questions...

1. Since the customer stated that the card was stolen, do we lose the exclusion for this not being unauthorized because the access device was previously furnished to the ex-husband for use?

2. Since the customer disputing the transaction will not respond to any attempts to contact them so we can ask more questions, can we reverse the provisional credit and deny the claim until communication is reestablished?

Thanks in advance!

Since she claims the card was stolen and you have video of him using the card, I think you need to tell her the results of your investigation and tell her you are prepared to refund the money to her and due to the video evidence that you have you will then immediately file a suit against the ex-husband for recovery. Also tell her she can look forward to the subpoena for testimony. See what she says.

1. She says she did not provide him, her card to be used to debit funds. She didn't authorize it, do it or I assume, benefit from it.

2. The only obligation the consumer has is to identify who they are and why they believe an error occurred. They do not have to provide any assistance. That's your job. You can't revoke that PC based on this.

Realistically and hypothetically, she could have been in the car and he took her card with or without her knowledge. If she didn't approve it, do it or benefit from it this is a claim that 99% of the time is to be paid. If you can't as example, prove she was in this to scam the bank, the claim would be paid.

Ditto what Andy^ said.

However, that does not eliminate the bank's right to go legal against the driver of the car, if it's worth spending the money it will cost to pursue him.