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Counterfeit Card Fraud: Report for Restitution

Question: 
In regards to Reg E, we know that we cannot make a customer fill out a police report to dispute a charge to receive provisional credit, however during the course of the investigation if there is true counterfeit card fraud can we then ask the customer to file the report in order for the bank to receive restitution in the event the fraudster is caught?
Answer: 

by Randy Carey: Once the customer is made whole from the bank, the customer is in no position to file a police report as they have not been damaged. The bank is the one that needs to file as the damaged party, if you think that would be key in gaining any unlikely restitution. I suggest you visit with your legal counsel regarding this strategy.

Answer: 

by John Burnett: If you decide to file such a report, you certainly can ask, but cannot compel, your customer to assist in completing the report.

First published on 02/19/2017

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