The answer is, "It depends."
Question: How was the PIN "given" to the unauthorized person?
a.
I wrote it on the back of my card and my wallet was stolen.If the consumer reports the theft within two business days of discovering the missing card, their maximum liability is $50.00.
See Reg E 205.6 (b)(1)
b.
I used my card at an ATM that apparently had a skimming device attached and a copy of my card may have been made as I am still in possession of my card. Since this transaction did not involve the physical theft of the access device, the customer need only notify the bank within 60 days of the statement date the transaction(s) first appear.
See 205.6 (b)(3)
c.
I gave my PIN to a friend/family member to withdraw cash. They gave the card back to me, but later stole it from my wallet. According to Reg E, you CANNOT require your customer file a police report, not can you deny their claim on the basis of their refusal to file one. Make sure that they understand that if the bank pays their claim, the bank becomes the victim and can/will file a police report and prosecute the individual responsible.
Guru Q&A d.
I gave the PIN number to a friend/family member to get cash for me, and instead they kept the card and racked up a bunch of charges. The Commentary to Reg E says that the consumer is considered to have authorized all the transactions since the card was never resecured. The bank may deny the claim.
See Staff interpretations 205.2 (m)(2)
e.
I got an email/cel phone message stating my account had been suspended, and I had to reply with my card/PIN number to reactive, so I did. The customer is the victim of a phishing scam. Although gullible for falling for it, the are not liable for any authorized charges according to Reg E.
See Staff interpretations 205.2 (m)(3)