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Customer Unwilling to File Police Report

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Question: 
We have a customer who's husband used her debit card at different businesses and ATMs. We told her to get a police report and file charges against him, but she doesn't want to put him in jail. Are we still liable to put the funds back in her account?
Answer: 

You can't make the customer file a report as a condition of giving her what is hers by right -- the error resolution protection afforded by Regulation E Section 205.11 and the limits on liability for unauthorized transactions afforded by Section 205.6.

You can, however, tell her that if the bank determines that the transactions she's challenging were unauthorized and that her husband completed them, the bank will take legal action to recover the funds from her husband and could ask that debit card fraud charges be lodged against him.

First published on BankersOnline.com 4/25/11

First published on 04/25/2011

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