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#830857 - 10/09/07 03:43 PM Another dispute question
silverliner Offline
Junior Member
Joined: Jun 2006
Posts: 31
ny
Customer claims that she was out of town for the weekend and when she returned home, she found a receipt next to her computer for some tickets that were purchased online, using her debit card that she also left home...most likely by someone in her household...but she's not sure . She contacted the ticket place and they are contacting UPS to have the tickets returned before they get delivered (to our customers house!) The ticket place won't refund customer unless they can resell the tickets. Does this woman have a claim???? I sure as heck don't think so but with reg E I never really know.

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eBanking / Technology
#831342 - 10/10/07 01:29 PM Re: Another dispute question silverliner
John Burnett Offline
10K Club
John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
If she says the transaction was made without her authority (as it appears is the case), she has a claim under Regulation E. It's up to the bank to determine whether she provided the authority for the transaction or not.

Does she know/has she told you who made the purchase? You should make her aware that you will pursue that individual for payment if you determine that the transaction was unauthorized.

In the meantime, there's a disconnect in your description. The ticket vendor is working to effect a return of the tickets by UPS. If that's successful, the vendor should credit your customer's account.
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#833080 - 10/11/07 10:42 PM Re: Another dispute question John Burnett
Andy_Z Offline
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Andy_Z
Joined: Oct 2000
Posts: 27,748
On the Net
Reg E protects the consumer, first and foremost. I completely agree with John.

If she claims someone didn't have the authority to use her card, that is fine. But as John noted, tell her you'll do what is necessary to avoid a loss here. It shouldn't be too difficult to know that someone in her family did this. And that it is a serious offense. I would tell her (if it is true) that if she doesn't want to file a report with the police, as you step into her shoes, you will. Also, she will (likely) have some liability here, at least $50. So she doesn't get a free ride. You also can decide if you want to reissue her a card or not. It is a privilege, not a right.

You might consider signing up for my webinar as we'll discuss these issues exactly.

http://calendar.bollearningconnect.com/main.php?view=event&eventid=1187791406963
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#833096 - 10/11/07 10:55 PM Re: Another dispute question Andy_Z
SJB Offline
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SJB
Joined: Jun 2002
Posts: 1,210
California
You can also notify her that she is not to delete or alter anything on her computer because it may be used as evidence in a civil or criminal proceeding to determine who ordered the tickets and fraudulently used her debit card (i.e., you or law enforcement may want access to it to track down logon information, etc. regarding the transaction.) Destruction of evidence is a real no-no.
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#833666 - 10/12/07 03:50 PM Re: Another dispute question SJB
X O Offline
Diamond Poster
X O
Joined: Aug 2005
Posts: 1,014
the maelstrom
Also, as the tickets are being recalled to the merchant, in the event that the merchant does not credit the account, a chargeback for unauthorized transaction card not present should be available. or at least merchandise not received....
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