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ATM and PIN number

Question: 
If a mother gave her ATM card and PIN number to her teenage daughter and now there is an unauthorized ATM withdraw, does Reg E still apply? They think a friend of the daughter actually did the transaction. He heard the mom tell the daughter the PIN number and took the card out of the car console. Can the mother be held accountable at all?
Answer: 

by Randy Carey: The card was stolen and the transactions are unauthorized.

Answer: 

by Jim Bedsole: Reg E does not provide any relief to the bank even where the customer has been negligent. Even if the mother wrote the PIN on the card itself and left the card in plain sight, the fact that it was taken and used without the mother's permission makes it an unauthorized transaction subject to Reg E reimbursement. If the unauthorized use was reported in a timely manner, the maximum liability the bank can assign to the mother is $50 (this may be $0 if Visa/MC rules apply).

Answer: 

by John Burnett: Let's back up a bit. Start by nailing down who made the transaction in question. It was either the daughter, who had permission to use the card, or it was someone else. If you come to the conclusion that it was someone other than the daughter (such as her friend), and the daughter wasn't involved in the transaction, it's not authorized and you have to treat it as such. But if the daughter actually completed the transaction, the transaction was authorized.

First published on 01/15/2017

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