How long should I keep fraudulent debit card claims?
We have a customer who filed several Reg E claims. During our investigation we referred the claim to our Security Director who wanted to meet with the customer to discuss the possible identification of a party caught on video. The customer has not returned numerous phone calls and e-mails. Can we refuse the claim for lack of cooperation on the customer's part?
What is our recourse when a customer has filed multiple Reg E claims within a short period of time?
I have a debit card dispute on 52 transactions (all from the same merchant) with dates ranging from 9/26/10 thru 11/21/10. This customer states that the merchant contacted her about the possibility of fraud on 11/19/10. On that same date, she contacted our bank and had her card cancelled. She did not file a dispute with us until 1/26/11 because she claims she has been working with this merchant to resolve the dispute. My question is, what date should be used in determining the 60 day statement guideline for provisional credit? Should we consider 11/19/10 as the notification date, or 1/26/11?
What is the ruling on debit card disputes if the customer has the card in his possession, but claims he did not authorize the transaction? Because this falls under Reg E, we have been concerned about how to treat these. The Reg doesn't say anything about this that we can find. It talks about lost or stolen cards, but not how to treat a transaction where the customer still has the card. The problem we are having is not knowing if the customer has given the card to someone, and then decides that he will dispute the charges by saying he did not authorize the transaction.
We have a customer who submitted a Reg E claim for unauthorized ATM withdrawals. She believes her son did this. The son was prosecuted last year for residential burglary. The customer claims that she went on vacation and her card and PIN were stolen from her safe. She also stated that she left a list (alarm codes, combo for the safe, etc), for her husband who didn't lock it. Obviously, it wasn't hard for the son to get into the safe. The amount of loss is $2555.00. Isn't there anything in Reg E for contributory negligence?
If a customer has a contract with a merchant (such as Direct TV) and has given them authorization in the past to debit their account and now wants to dispute a charge (such as early termination penalty or not returning the equipment), can we just decline this because a contract is involved, or do we have to give provisional credit and submit the dispute to the merchant to see what their response is? If we have to submit, can we require that they give us a copy of the contract or proof that the equipment was returned to determine if the contract was fulfilled in order to dispute otherwise just decline for lack of proof?
If the customer claims that the price increased after the sale, does the customer have to provide proof of what the price should have been? If he doesn't, can we just decline due to lack of proof?
If a customer claims he paid cash and the merchant debited the card (double billed), and the customer doesn't have a receipt that cash was paid, can we just decline this due to lack of proof, or do we have to give him provisional credit and submit the dispute to the merchant to see if he received credit twice?
At the end of March, one of our customers filed a dispute on two transactions where the merchant processed them as PIN-less debits. The customer maintains that he did not authorize the transaction, and that the merchant refuses to provide a refund. The customer was well within the sixty day guideline for filing a claim, but now is threatening to sue us because we have not processed the claim within the forty-five day timeline required by Reg E. We did not provide the client with provisional credit after day ten, nor have we provided the client with any written communication regarding the claim. Are we liable to the client for failure to follow Reg E, and what can we do to get out of a lawsuit?