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#584018 - 07/17/06 03:18 PM police report
Yours truly, Offline
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Can a bank require a customer to file a police report in regards to a stolen debit card that they are claiming unauthorized ATM transactions. This would be in additional to the required affidavit they signed when they informed us of the ATM transaction error.

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eBanking / Technology
#584019 - 07/17/06 04:31 PM Re: police report
Skittles Offline
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No, it cannot be a requirement.
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#584020 - 07/17/06 07:51 PM Re: police report
Oh My!!! Offline
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Oh My!!!
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Sometimes a person will suddenly remember the transaction or who made the transaction if you mention that you are requesting a police report be filed. We don't require it and will provide provisional credit within the required timelines, but we do request it. The money is just as stolen as if someone swiped your checkbook and started writing checks all over town. How can a bank ever hope to recoup its loss if nothing is done.

It's time to give some consideration to the bank. Fraud is on the increase and with Visa and Mastercard both advertising zero liability, fraud will continue to grow. Spendspendspend and then claim your card was stolen. The bank is out...and the police will never know. What a great deal! I should try it!

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#584021 - 07/17/06 08:05 PM Re: police report
Skyline Offline
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If this was an ATM transaction wasn't a PIN involved? Did they steal both the card and the PIN?
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#584022 - 07/18/06 11:47 AM Re: police report
RVFlyboy Offline
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The PIN number could have been written on the card. Or someone could have shoulder surfed the PIN. You can't just rely on the fact that a PIN was used. Even with a PIN, it could still be an unauthorized transaction.

You can't make the Reg E error resolution contingent on filing a police report. But as Swashbuckler says, sometimes police involvement can have an amazing memory restoration effect. You are perfectly within your rights to tell the customer that you'll reimburse their claim, but that once you do so, the claim is now yours and that you intend to prosecute the perpetrators to the full extent of the law. Especially if you have cameras showing the perpetrators, you'll be amazed at how often it turns out that it wasn't "unauthorized" after all.
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#584023 - 07/18/06 08:58 PM Re: police report - signature requirement
golffan Offline
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Joined: May 2003
Posts: 32
Almost in the same line of questions. Has anyone been told VISA (Shazam) requires a signed statement from the customer before they will process the claim (POS) or that the customer must first contact the merchant involved before they will process. My electronic department is telling me it is VISA requirement??

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#584024 - 07/21/06 08:22 PM Re: police report - signature requirement
Andy_Z Offline
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Your Visa rules can vary from Reg. E but this affects only the special rules such as zero liability and 5 day provisional credit time frames.

You'd still have to meet the Reg. E minimum standards.
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#584025 - 07/21/06 09:31 PM Re: police report - signature requirement
Jan94 Offline
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USA
One of our banks had a situation where the customer left their Visa check card at the gas pump and someone came behind and took their card and promptly used the card where a pin was not required (i.e. Wal-Mart). The customer submitted a dispute and the bank gave the customer provisional credit but was told that the bank had no recourse against the merchant as the sales draft was signed. I'm not familiar with all the Visa chargeback requirements, does this seem correct to anyone? Thanks!

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#584026 - 07/21/06 10:01 PM Re: police report - signature requirement
Andy_Z Offline
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Someone more familiar with Visa may chime in, but to give a little info to think about on the weekend, I understand the rules to say that if it is signed, you'll have a hard time. You'd have to prove it wasn't their signature and the cashier who accepted it isn't a handwriting expert, how were they to know? As I have read comments, this issue is very much one-sided and pro merchant. Your choices will be limited.
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#584027 - 07/24/06 09:22 PM Re: police report - signature requirement
C_Groat Offline
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Salt Lake City, UT
Yes, the bank takes a loss when the merchant provides a signed swiped or signed imprinted sales draft. The only recourse is when the lost/stolen card is recovered and you can show that the sales draft is signed with a different name than what is presented on the card, i.e. name embossed and signed to the back of the card is John Smith and sales draft is clearly signed Frank Black. Scribbles do not count as you need to clearly show it is a different name signed to the draft.

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