Debit card fraud is a serious issue that can cause financial hardship for individuals. It’s important to understand how to protect yourself from debit card fraud and what to do if you suspect fraudulent activity on your account. Contact a dedicated San Diego debit card fraud lawyer from Barthel Legal today to learn more about disputing unauthorized charges and how our firm can help.
Debit Card Fraud Lawyer | Here to Protect You
Discovering an incident of debit card fraud can be frightening, but with the right San Diego consumer lawyer in your corner, you can have peace of mind. Barthel Legal is here to advocate for consumers in San Diego and across the state of California.
What should I do if I find unauthorized charges on my debit card that do not belong to me?
If you find unauthorized charges on your debit card, you should immediately contact your bank. They will generally be able to help you dispute the charges and potentially refund your money. It’s also a good idea to keep an eye on your account going forward, as more unauthorized charges can follow these initial charges. Continue to report any additional suspicious charges as soon as you notice them. You should also change your account password and any related account numbers or PINs to protect against further unauthorized activity.
Am I liable for any of the fraudulent charges?
Under the Electronic Fund Transfer Act (EFTA), if you report an unauthorized electronic fund transfer within 60 days of its appearance on your statement, you are not liable. Even if you report it after the 61st day, you are not liable for the charges that occurred in that first 60-day window, but you would be liable for charges that occurred after the 61st day.
This timeline changes when the card is lost or stolen. To not be liable for charges that occurred after a card is lost or stolen, you must notify the back within two business days from when you realize the card is lost or stolen. Even if the card was stolen weeks before, you may not be liable for those charges. If you notify the bank within 2 business days of realizing the card is lost or stolen and dispute the charges within 60 days of it being on your statement, you are only liable for the lesser of $50 or the unauthorized charges.
If you report the loss of your card after the 2-day window of realizing it is missing, your liability may be higher. For example, if you report the unauthorized charges within 60 days of the date on your statement but outside the 2-day window, you may be liable for up to $500 of the unauthorized charges.
If you report the unauthorized EFT more than 60 days after the date on your statement and no loss or theft was involved, then you are not liable for unauthorized charges that occurred within the first 60 days but are completely liable for charges that occur on the 61st day and beyond.
What if I authorized the charge for a product, but it was never delivered as promised?
If you authorized the purchase of something, but it arrived damaged or not as requested (different color, model, etc.), then you are still liable for these charges. However, if you purchased a product believing the merchant to be legitimate, but then it turns out it was a fraudster that never intended to deliver the product and essentially stole your money, then you are not liable for these charges and your bank should return your money.
What is the statute of limitations for disputing fraudulent, unauthorized charges?
It’s generally a good idea to dispute unauthorized charges as soon as you notice them. This can help ensure that you are able to get your money back and prevent further unauthorized activity on your account. All banks have processes in place for disputing fraudulent charges, and they will generally work with you to resolve the issue. The specific time frame for disputing charges may vary depending on your bank, so it’s a good idea to check with them directly for more information.
Under federal law, you have 60 days from the date the unauthorized charge appeared on your bank statement. If you report the fraudulent charges within this time frame, you are likely not going to be held responsible for paying the disputed amount. If you report the charges after the 60-day period (but within a year), you are still not liable for unauthorized charges that occur in the first 60 days, however, you may be completely liable for charges that occurred after the 61st day. It’s generally a good idea to dispute unauthorized charges as soon as you notice them This can help ensure that you are able to get your money back and prevent further unauthorized activity on your account.
What should I include in my dispute?
When disputing unauthorized charges, you should include as much information as possible about the charges in question. This may include the date and amount of the charges, as well as the merchant’s name and any relevant account numbers or transaction details. You also need to identify yourself adequately so that the bank knows which account is in dispute, thus you should also include your name, contact information, and account number.
You should also include a detailed explanation of why you believe the charges are unauthorized. It’s a good idea to include copies of any relevant documents, such as a copy of your account statement showing the disputed charges or a copy of a receipt from a legitimate transaction. However, it’s not always necessary to include attachments. The specific information and documentation that you will need to include in your dispute may vary depending on your bank, so it’s a good idea to check with them directly for more information.
You should send your dispute to the bank that issued your card. You can generally find their contact information on your monthly statement or by visiting their website. Federal law does not require that your dispute is in writing (unless the bank tells you that you also need to dispute in writing), but it is always easier to prove that you send in a dispute if it is done in writing. You may be able to submit your dispute online, by phone, or by mail. If you are mailing your dispute, it’s a good idea to send it via certified mail so that you have a record of it being sent and received.
For a sample dispute letter, click here.
How quickly will the bank respond to my dispute?
If you report an unauthorized EFT from your debit card within the required timeframe, your bank has 10 days to investigate the dispute. If the bank realizes that it requires more time, then the bank must notify you that it will require more time and give you provisional credit for the disputed charge.
This provisional credit will generally remain in effect until the dispute is resolved, which should be no later than 45 days after the bank receives your notice of the dispute. If the investigation takes longer than 45 days, the bank may not be able to remove the temporary credit from your account until the dispute is fully resolved. If you have any questions about the temporary credit or the status of your dispute, it’s a good idea to contact your bank directly.
What happens if the bank never responds or denies my dispute?
If your bank never responds to your dispute or rejects it, you may have a few options for seeking a resolution.
One option is to escalate your dispute to a higher level of customer service. Many banks have multiple tiers of customer service, and you may be able to speak with someone who has more authority to resolve your issue. You also have the option to file a complaint with a government agency, such as the Consumer Financial Protection Bureau (CFPB). The CFPB is a government agency that helps protect consumers from financial fraud and abuse, and you can file a complaint with them if you feel that your bank is not treating you fairly. However, these options often times rarely resolve your issue and after often ignored by the bank.
The most effective option is to seek legal assistance. Depending on the circumstances of your case, you may be able to file a lawsuit against your bank to recover any losses that you have suffered as a result of the unauthorized charges. It’s a good idea to consult with a debit card fraud lawyer to see if this is a viable option for you.
Do I have to pay my own money to get a debit card fraud lawyer?
Under the relevant federal laws, consumers do not generally need to pay for an attorney in order to dispute unauthorized charges or fraudulent activity on their credit card accounts. The law provides a process for consumers to follow in order to dispute these charges directly with the bank, and the bank is required to investigate the dispute and resolve it in a timely manner.
In some cases, the bank will refuse to refund a consumer’s money. In incidents like this, a consumer may wish to seek legal representation in order to enforce their right to get a refund of their money. Luckily, the law requires that the bank pay for a consumer’s reasonable attorneys’ fees and costs, so most attorneys are willing to take a consumer’s case at no out-of-pocket cost to the consumer.
Tips To Keep Your Debit Card From Being Used In A Fraud Situation
- Always keep your debit card in a safe place and never let it out of your sight.
- Be wary of sharing your debit card information with anyone over the phone, email, or online.
- Use a strong, unique password for your debit card account and change it frequently.
- Monitor your debit card transactions regularly and report any suspicious activity to your bank immediately.
- Use a credit card instead of a debit card for online purchases to have more protection against fraud.
Contact a Debit Card Fraud Lawyer Today
By understanding how to prevent debit card fraud, monitoring your account regularly, and reporting any suspicious activity, you can take steps to protect yourself from fraudulent charges. If you find unauthorized charges on your debit card, contact your bank immediately and follow the steps outlined in this article to dispute the charges. Remember, you are protected by federal law and your bank will work with you to resolve the issue. If they don’t, we will. Contact us today for help.
Debit card fraud is a serious issue that can cause financial hardship for individuals. It’s important to understand how to protect yourself from debit card fraud and what to do if you suspect fraudulent activity on your account. Contact a dedicated San Diego debit card fraud lawyer from Barthel Legal today to learn more about disputing unauthorized charges and how our firm can help.
Debit Card Fraud Lawyer | Here to Protect You
Discovering an incident of debit card fraud can be frightening, but with the right San Diego consumer lawyer in your corner, you can have peace of mind. Barthel Legal is here to advocate for consumers in San Diego and across the state of California.
What should I do if I find unauthorized charges on my debit card that do not belong to me?
If you find unauthorized charges on your debit card, you should immediately contact your bank. They will generally be able to help you dispute the charges and potentially refund your money. It’s also a good idea to keep an eye on your account going forward, as more unauthorized charges can follow these initial charges. Continue to report any additional suspicious charges as soon as you notice them. You should also change your account password and any related account numbers or PINs to protect against further unauthorized activity.
Am I liable for any of the fraudulent charges?
Under the Electronic Fund Transfer Act (EFTA), if you report an unauthorized electronic fund transfer within 60 days of its appearance on your statement, you are not liable. Even if you report it after the 61st day, you are not liable for the charges that occurred in that first 60-day window, but you would be liable for charges that occurred after the 61st day.
This timeline changes when the card is lost or stolen. To not be liable for charges that occurred after a card is lost or stolen, you must notify the back within two business days from when you realize the card is lost or stolen. Even if the card was stolen weeks before, you may not be liable for those charges. If you notify the bank within 2 business days of realizing the card is lost or stolen and dispute the charges within 60 days of it being on your statement, you are only liable for the lesser of $50 or the unauthorized charges.
If you report the loss of your card after the 2-day window of realizing it is missing, your liability may be higher. For example, if you report the unauthorized charges within 60 days of the date on your statement but outside the 2-day window, you may be liable for up to $500 of the unauthorized charges.
If you report the unauthorized EFT more than 60 days after the date on your statement and no loss or theft was involved, then you are not liable for unauthorized charges that occurred within the first 60 days but are completely liable for charges that occur on the 61st day and beyond.
What if I authorized the charge for a product, but it was never delivered as promised?
If you authorized the purchase of something, but it arrived damaged or not as requested (different color, model, etc.), then you are still liable for these charges. However, if you purchased a product believing the merchant to be legitimate, but then it turns out it was a fraudster that never intended to deliver the product and essentially stole your money, then you are not liable for these charges and your bank should return your money.
What is the statute of limitations for disputing fraudulent, unauthorized charges?
It’s generally a good idea to dispute unauthorized charges as soon as you notice them. This can help ensure that you are able to get your money back and prevent further unauthorized activity on your account. All banks have processes in place for disputing fraudulent charges, and they will generally work with you to resolve the issue. The specific time frame for disputing charges may vary depending on your bank, so it’s a good idea to check with them directly for more information.
Under federal law, you have 60 days from the date the unauthorized charge appeared on your bank statement. If you report the fraudulent charges within this time frame, you are likely not going to be held responsible for paying the disputed amount. If you report the charges after the 60-day period (but within a year), you are still not liable for unauthorized charges that occur in the first 60 days, however, you may be completely liable for charges that occurred after the 61st day. It’s generally a good idea to dispute unauthorized charges as soon as you notice them This can help ensure that you are able to get your money back and prevent further unauthorized activity on your account.
What should I include in my dispute?
When disputing unauthorized charges, you should include as much information as possible about the charges in question. This may include the date and amount of the charges, as well as the merchant’s name and any relevant account numbers or transaction details. You also need to identify yourself adequately so that the bank knows which account is in dispute, thus you should also include your name, contact information, and account number.
You should also include a detailed explanation of why you believe the charges are unauthorized. It’s a good idea to include copies of any relevant documents, such as a copy of your account statement showing the disputed charges or a copy of a receipt from a legitimate transaction. However, it’s not always necessary to include attachments. The specific information and documentation that you will need to include in your dispute may vary depending on your bank, so it’s a good idea to check with them directly for more information.
You should send your dispute to the bank that issued your card. You can generally find their contact information on your monthly statement or by visiting their website. Federal law does not require that your dispute is in writing (unless the bank tells you that you also need to dispute in writing), but it is always easier to prove that you send in a dispute if it is done in writing. You may be able to submit your dispute online, by phone, or by mail. If you are mailing your dispute, it’s a good idea to send it via certified mail so that you have a record of it being sent and received.
For a sample dispute letter, click here.
How quickly will the bank respond to my dispute?
If you report an unauthorized EFT from your debit card within the required timeframe, your bank has 10 days to investigate the dispute. If the bank realizes that it requires more time, then the bank must notify you that it will require more time and give you provisional credit for the disputed charge.
This provisional credit will generally remain in effect until the dispute is resolved, which should be no later than 45 days after the bank receives your notice of the dispute. If the investigation takes longer than 45 days, the bank may not be able to remove the temporary credit from your account until the dispute is fully resolved. If you have any questions about the temporary credit or the status of your dispute, it’s a good idea to contact your bank directly.
What happens if the bank never responds or denies my dispute?
If your bank never responds to your dispute or rejects it, you may have a few options for seeking a resolution.
One option is to escalate your dispute to a higher level of customer service. Many banks have multiple tiers of customer service, and you may be able to speak with someone who has more authority to resolve your issue. You also have the option to file a complaint with a government agency, such as the Consumer Financial Protection Bureau (CFPB). The CFPB is a government agency that helps protect consumers from financial fraud and abuse, and you can file a complaint with them if you feel that your bank is not treating you fairly. However, these options often times rarely resolve your issue and after often ignored by the bank.
The most effective option is to seek legal assistance. Depending on the circumstances of your case, you may be able to file a lawsuit against your bank to recover any losses that you have suffered as a result of the unauthorized charges. It’s a good idea to consult with a debit card fraud lawyer to see if this is a viable option for you.
Do I have to pay my own money to get a debit card fraud lawyer?
Under the relevant federal laws, consumers do not generally need to pay for an attorney in order to dispute unauthorized charges or fraudulent activity on their credit card accounts. The law provides a process for consumers to follow in order to dispute these charges directly with the bank, and the bank is required to investigate the dispute and resolve it in a timely manner.
In some cases, the bank will refuse to refund a consumer’s money. In incidents like this, a consumer may wish to seek legal representation in order to enforce their right to get a refund of their money. Luckily, the law requires that the bank pay for a consumer’s reasonable attorneys’ fees and costs, so most attorneys are willing to take a consumer’s case at no out-of-pocket cost to the consumer.
Tips To Keep Your Debit Card From Being Used In A Fraud Situation
- Always keep your debit card in a safe place and never let it out of your sight.
- Be wary of sharing your debit card information with anyone over the phone, email, or online.
- Use a strong, unique password for your debit card account and change it frequently.
- Monitor your debit card transactions regularly and report any suspicious activity to your bank immediately.
- Use a credit card instead of a debit card for online purchases to have more protection against fraud.
Contact a Debit Card Fraud Lawyer Today
By understanding how to prevent debit card fraud, monitoring your account regularly, and reporting any suspicious activity, you can take steps to protect yourself from fraudulent charges. If you find unauthorized charges on your debit card, contact your bank immediately and follow the steps outlined in this article to dispute the charges. Remember, you are protected by federal law and your bank will work with you to resolve the issue. If they don’t, we will. Contact us today for help.
