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San Diego County ATM Fraud Lawyer

ATM skimming is a type of fraud that involves stealing your card’s information from ATM machines and point-of-sale machines (like card swipers). Criminals use special devices called skimmers to capture the data from the magnetic strip from your card as it is inserted through the card slot. They often also place hidden cameras near the ATM to record you entering your personal identification number (PIN) into the machine. Once the fraudsters have your information, they then can use it to make fraudulent purchases or withdraw cash from your account at another ATM without even having your card in their possession. If this has happened to you, contact a dedicated ATM fraud lawyer from Barthel Legal for help today.

ATM Fraud Lawyer | Here to Protect You & Your Finances

With the increasing prevalence of technological advancements, ATM fraud has become a significant concern for individuals and financial institutions alike. An experienced San Diego consumer lawyer from Barthel Legal can help you navigate the complex landscape of ATM fraud, offering tailored strategies to safeguard your interests. From card skimming and PIN theft to unauthorized transactions and identity theft, we are here to fight for justice on your behalf.

What is ATM Shimming? How is it Different from ATM Skimming?

Shimming is different from skimming, in that it targets the chip on the card, instead of the magnetic stripe. Similar to skimming, the fraudsters place some kind of chip reading device into the ATM or point-of-sale machine that lifts the information off the card.

ATM shimming and skimming are both types of fraud designed to take the stored information on credit and debit cards. However, the key difference between the two is that ATM shimming is much harder to spot. ATM skimming is a type of fraud that involves the use of a device placed over the card reader. Because the device captures information from the magnetic strip on the card as it is inserted into the machine, this device is often on the outside of the machine and is loose enough that it can be discovered by pulling and tugging on the outside of the card insertion area.

On the other hand, ATM shimming involves the use of a device that is inserted into the card reader of an ATM machine. It is sitting at the back of the insertion slot, which is buried deep into the machine. This type of device captures information from the chip on the credit or debit card after it is already inserted into the machine. Consequently, it is much harder to detect.

Can I get my money back?

Consumers are protected from losses due to ATM skimming or shimming under Regulation E, of the Electronic Funds Transfer Act (EFTA). This regulation requires financial institutions to investigate and refund any unauthorized transactions when the consumer reports them to the financial institution within 60 days.

How Can I Avoid Becoming a Victim?

To minimize the chance of becoming a victim of skimming or shimming, it’s important to follow these simple steps:

  • Be cautious of card readers that are attached to ATMs or point-of-sale machines.
  • Shield the keypad with your hand when entering your PIN
  • Check your bank and credit card statements regularly for unauthorized transactions
  • Report any suspicious activity to your financial institution immediately

How can a consumer protection attorney help?

If you have fallen victim to shimming or skimming, it’s important to take immediate action to report the fraud and dispute any unauthorized transactions with your bank. You can do this either orally or in writing. A consumer protection attorney can help you understand your rights under the EFTA and assist you in taking the necessary steps to recover your losses.

Not only will a consumer protection attorney help with the dispute process, but consumer protection attorneys will also help you hold the financial institution responsible for any losses. Under Regulation E, you are entitled to $1,000 statutory damages, actual damages, and potentially even punitive damages.

Shimming and skimming are growing concerns for consumers, but there are steps you can take to protect yourself. If you end up falling victim to one of these scams, it’s important to report the fraud to your financial institution and seek the assistance of an experienced consumer protection attorney.

What is ATM Cash Trapping?

Cash trapping occurs when fraudsters block the cash dispenser on an ATM so the consumer believes that the ATM is either out of cash or broken. Once the consumer leaves the fraudsters will come up to the ATM and fix the machine so that they can retrieve the cash. However, this kind of error with the ATM amounts to an error under Regulation E, the Electronic Funds Transfer Act. Because of this, you will be able to get your money back.

Who Investigates ATM Fraud?

Depending on who you report the fraud to depends on who investigates it. If you report the fraud to the police, then the police will investigate it. Unfortunately, this typically does not go anywhere because it is hard to trace the fraud to any one person. Even if the police find the fraudster, it is almost impossible to get your money from this individual.

When you report fraudulent transactions to the bank, bank employees will investigate the error. Under Regulation E, the Electronic Funds Transfer Act, 15 U.S.C. § 1693f a financial institution is required to perform a reasonable investigation. These employees will determine whether or not the transaction was authorized or not.

The standard is that the bank should be trying to prove the transaction is authorized, not forcing the consumer to prove it was unauthorized. Unfortunately, these banks are quick to assume that the transaction was authorized, and thus will refuse to return your money.

This is unlawful under EFTA, and thus you are entitled to get your money back.

How do I know if an ATM has been tampered with?

The easiest way to avoid becoming a victim of an ATM scam is by checking the machine to ensure it hasn’t been tampered with. The typical method of stealing information is by placing a card reader over the original card insertion slot. This other card reader is typically glued or stuck on with another kind of adhesive. Due to this, it is usually looser than an ATM would be.

If you pull or try turning the card insertion and it wiggles, then it is likely a fake cover that has been placed over the original card insertion slot. If this is the case, then you should not insert your card into this machine as it has likely been tampered with.

Contact an ATM Fraud Lawyer Today

Don’t wait another minute. Contact a dedicated ATM fraud lawyer from Barthel Legal today to schedule your free initial consultation.

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