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#2251411 - 03/29/21 07:20 PM New card stolen and activated
Valley girl Offline
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Joined: Aug 2014
Posts: 394
TX
We have a member that filed a dispute in January 2021 for about a dozen Apple.com transactions. Her grandson told her that his mom took a picture of her debit card, front and back, and her boyfriend must be using the card because his mom is now in jail. Our member has been a member for over 20 years, so I gave her final credit and ordered a new card. In the letter I sent to her, I explained that she would be receiving a new debit card in 10 to 15 business days and to call us if she had any other questions or concerns. I also explained that if we had any future incidents of family taking the card without permission, we would not reissue a card again.

She filed another dispute on Saturday for 31 transactions - mostly Apple.com. She states that she never received the new debit card. I am showing the card was activated from her cell phone. Since I did send a letter telling her that she would have the card no later than February 19th, can I hold her liable for both tiers? She did not tell our MSR what date she first noticed the fraudulent transactions, but the transactions stopped on March 9th - no other transactions were attempted after this date even though the card was still active. She came in and did transfers over the counter on the 9th and the 11th, but never mentioned not receiving her new card or having unauthorized transactions.

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#2251416 - 03/29/21 07:32 PM Re: New card stolen and activated Valley girl
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,227
Galveston, TX
Sounds to me like you fell on your own sword when you issued her a new card unless you have something else to prove that she actually did the transactions.
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#2251422 - 03/29/21 08:23 PM Re: New card stolen and activated Valley girl
Valley girl Offline
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Joined: Aug 2014
Posts: 394
TX
I'm positive she did not do the transactions.

I am trying to figure out if she responsible for just the $50 tier, or if she is liable on the $500 tier since she knew she should have the card by February 19th and she didn't report it until March 26th.

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#2251426 - 03/29/21 09:17 PM Re: New card stolen and activated Valley girl
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,227
Galveston, TX
Not sure how someone could come in and say a card was stolen when they say they never got it.
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#2251433 - 03/30/21 02:53 AM Re: New card stolen and activated Valley girl
InFairness, CRCM Online
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InFairness, CRCM
Joined: Nov 2010
Posts: 919
USA
Originally Posted by Valley girl
I'm positive she did not do the transactions.

I am trying to figure out if she responsible for just the $50 tier, or if she is liable on the $500 tier since she knew she should have the card by February 19th and she didn't report it until March 26th.

Given the vagaries of postal service deliver, I don't see how the bank can hold the customer responsible for this, even before you consider the regulatory constraints.
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#2251492 - 03/30/21 05:01 PM Re: New card stolen and activated Valley girl
HappyGilmore Offline
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Joined: Jun 2004
Posts: 19,844
Pulling people out of the ditc...
and if a bad guy stole the card, is it conceivable they also stole the letter telling her they were getting a new card? the magic 8-ball says "YES"
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#2251550 - 03/31/21 03:20 PM Re: New card stolen and activated Valley girl
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
Under 1005.6(a), to hold a consumer liable for an unauthorized EFT (UEFT) involving the consumer's account and the UEFT involved an access device, it must be an accepted access device. To be an accepted access device, the card in this scenario must have been received by the consumer in renewal of or substitution for the earlier accepted access device. Since the customer in this saga never received the second card, it cannot be an accepted access device.

You can't make her liable for any of the transactions.

You can tell her that you're shutting down all card access on the account and will not issue another card as long as certain individuals seem to have access to her home and/or her mail. You might consider extending that to closing her account altogether.
Last edited by John Burnett; 03/31/21 03:37 PM.
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#2251603 - 03/31/21 06:09 PM Re: New card stolen and activated Valley girl
Valley girl Offline
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Joined: Aug 2014
Posts: 394
TX
Thank you John and Happy. I get too mired in the weeds to see the big picture sometimes. And when the card was showing activated from her phone, I lost sight of her "I never received or activated my card" statement.

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