Stolen Debit Card Number, But Not a Stolen Card
Author: boogaloo
Posted: Wed Sep 21, 2005 9:36 pm
Post subject: Cloned debit card - kinda long
What if your debit card was used to make unauthorized purchases while you still physically had your card?
This just happened to me. I made a purchase at a store two weeks ago, paid with the debit card but the salesperson didn't return the card - only the store discount card and my receipt wrapped around it. I left the store and realized a short while later that my card was missing. I went back to the store and retrieved my card.
Fast forward to this Monday when I went to an ATM to withdraw lunch money and discovered that my checking account was overdrawn.
I called the bank and they read off a list of purchases that had been made over the weekend on my debit card. I cancelled the card immediately and reported the theft to the police. Went back to the bank with the police report and filed a report with the bank.
Went back to my job to cancel the direct deposit of my paycheck but it was too late - the check was already transmitted to the bank.
Here's where it gets even better:
Even though I cancelled the card, filed the police report and bank report and requested that the bank close my checking account, opened a new checking account and made arrangements to transfer my direct deposit paycheck to the new checking account - guess what the bank did!
They victimized me for a second time! They took my paycheck and used it to cover the overlimit purchases and fees!
The thief cleaned out my bank account and the bank robbed me of my paycheck!
The bank manager was totally unsympathetic and said that I would be refunded the money in 2 to 4 weeks if the investigation turns out in my favor. WHATTT???? I'm the victim not the thief!!!
What recourse do I have now?
Author: nixuzer
Posted: Wed Sep 21, 2005 10:39 pm
Post subject: Re: Cloned debit card - kinda long
boogaloo wrote:
What if your debit card was used to make unauthorized purchases while you still physically had your card?
This just happened to me. I made a purchase at a store two weeks ago, paid with the debit card but the salesperson didn't return the card - only the store discount card and my receipt wrapped around it. I left the store and realized a short while later that my card was missing. I went back to the store and retrieved my card.
Fast forward to this Monday when I went to an ATM to withdraw lunch money and discovered that my checking account was overdrawn.
I called the bank and they read off a list of purchases that had been made over the weekend on my debit card. I cancelled the card immediately and reported the theft to the police. Went back to the bank with the police report and filed a report with the bank.
Went back to my job to cancel the direct deposit of my paycheck but it was too late - the check was already transmitted to the bank.
Here's where it gets even better:
Even though I cancelled the card, filed the police report and bank report and requested that the bank close my checking account, opened a new checking account and made arrangements to transfer my direct deposit paycheck to the new checking account - guess what the bank did!
They victimized me for a second time! They took my paycheck and used it to cover the overlimit purchases and fees!
The thief cleaned out my bank account and the bank robbed me of my paycheck!
The bank manager was totally unsympathetic and said that I would be refunded the money in 2 to 4 weeks if the investigation turns out in my favor. WHATTT???? I'm the victim not the thief!!!
What recourse do I have now?
That is very unfortunate and I'm sorry to hear that. If these truly are the facts then these are the steps I would take:
1. If that manager has a boss I'd be contacting them immediately.
2. I'd also read their written policy and make sure they are adhering to it by the letter of the law. If anything the manager told you doesn't mesh I'd contact him/her again. In fact, send me the banks website address (branch specific if you can) and I'd like to read the agreement. I'm not a lawyer but I can read a contract....
3.
A. Make one last appeal to the bank manager and if they don't I'd immediately contact the local News XYZ investigates and see if they would be interested in doing a story.
OR
B. Let the bank manager know nicely that since this is how they treat customers I'd start picketing however I could within legal means....not too many banks have people picketing in front of their bank.
The court of public opinion is a very persuasive argument.
So as other people don't get caught by this bank please post their name online. Let the power of the internet come into play.
[update]
Just came across this, your situation is helping me learn more about debit card liability. You didn't mention if they were a credit union or not.
http://www.occ.treas.gov/customer.htm
Author: nixuzer
Posted: Wed Sep 21, 2005 10:51 pm
Post subject: Re: Cloned debit card - kinda long
boogaloo wrote:
Went back to my job to cancel the direct deposit of my paycheck but it was too late - the check was already transmitted to the bank.
Here's where it gets even better:
Even though I cancelled the card, filed the police report and bank report and requested that the bank close my checking account, opened a new checking account and made arrangements to transfer my direct deposit paycheck to the new checking account - guess what the bank did!
They victimized me for a second time! They took my paycheck and used it to cover the overlimit purchases and fees!
One other issue, which won't help you now but should in the future, if you look at my post earlier with the response from the bank I was speaking with them about pulling the protection off my account (overdraft loan and the ability for my checking to draft my savings) and that way my direct deposit would go to my savings account and I would manually move the money to my checking account on paydays. This might have prevented some of your grief. Might based on the fact that a bank can pull money from any account to cover issues (if I recall correctly) but if the bank mgr is some difficult person to deal with it might not matter.
Author: boogaloo
Posted: Thu Sep 22, 2005 5:33 pm
Post subject: Debit Card Safety
The bank is Astoria Federal Bank for Savings. The branch is in NYC.
Your suggestion is right on the money with regard to moving the direct deposit from checking to savings. It would have spared me at least half the grief I'm feeling right now.
I was finally told by the cust service rep that's handling my case that the bank manager arranged to give me a provisional credit of the amount in question. The CSR says it should take effect in a couple of days - not weeks as the manager told me previously.
If I don't see that money in my account by Monday I will definitely call the TV News AND picket the bank.
Author: nixuzer
Posted: Fri Sep 23, 2005 1:43 pm
Post subject: Stolen Debit Card Number
boogaloo wrote:
The bank is Astoria Federal Bank for Savings. The branch is in NYC.
Emailed them and they are actually sending me a hardcopy of their debit card agreement/rules.
Code:
Thank you for your inquiry. Please e-mail your name and complete
address to my attention and, under separate cover, we will be happy to
mail you a "Regulation E" disclosure, governing ATM and debit card
transactions. Or, you may call our Telephone Banking Center at
1-800-278-6742 and a Specialist will be happy to help you.
Sincerely,
[....Customer Care Rep Name ....]
Customer Care Department
Author: nixuzer
Posted: Wed Oct 05, 2005 12:55 pm
Post subject: Stolen Debit Card Number
nixuzer wrote:
Emailed them and they are actually sending me a hardcopy of their debit card agreement/rules.
Got their terms in the mail a week ago just never got back to posting, here is the scanned copy.
Astoria Federal Savings Regulation E Disclosure and Premium Access Online Banking & Bill Payment Page 1
Astoria Federal Savings Regulation E Disclosure and Premium Access Online Banking & Bill Payment Page 2
If you look at the middle of Page 1, Error Resolution section here are what their responsiblities are specific to what we've been discussing.
- They have 10 business days to correct errors
- If they need more time to investigate they will still credit your account with the money within the 10 business days (20 days for new accounts) while they investigate.
So, what finally happened?
Author: CreditCardGuru
Posted: Sun Oct 09, 2005 8:18 am
Post subject: Stolen Debit Card Number
They are safe, most banks use VISA so its VISA's zero liability policy. But the most you can be held liable for is up to $50 however most places have done away with that and went to VISA's zero liability policy, MasterCard also has a similiar policy. Also about bank fees, if you do a fraud report and those fees caused you to overdraft they have to refund those by law the same way the credit card companies would have to refund over the limit fees. Please don't be fooled by misleading information out there, I have noticed several OLD and ARCHAIC terms on websites and stuff. The best thing to do is contact the bank a.k.a. card issuer.
Author: boogaloo
Posted: Tue Oct 11, 2005 11:17 pm
Post subject: Stolen Debit Card Number
Sorry it took so long to reply...
Astoria Federal issued me a "provisional credit" for the total fraudulent charges 10 days after I filed the report - however, they have not returned any of the overlimit fees. They still owe me $360.
Posted: Wed Sep 21, 2005 9:36 pm
Post subject: Cloned debit card - kinda long
What if your debit card was used to make unauthorized purchases while you still physically had your card?
This just happened to me. I made a purchase at a store two weeks ago, paid with the debit card but the salesperson didn't return the card - only the store discount card and my receipt wrapped around it. I left the store and realized a short while later that my card was missing. I went back to the store and retrieved my card.
Fast forward to this Monday when I went to an ATM to withdraw lunch money and discovered that my checking account was overdrawn.
I called the bank and they read off a list of purchases that had been made over the weekend on my debit card. I cancelled the card immediately and reported the theft to the police. Went back to the bank with the police report and filed a report with the bank.
Went back to my job to cancel the direct deposit of my paycheck but it was too late - the check was already transmitted to the bank.
Here's where it gets even better:
Even though I cancelled the card, filed the police report and bank report and requested that the bank close my checking account, opened a new checking account and made arrangements to transfer my direct deposit paycheck to the new checking account - guess what the bank did!
They victimized me for a second time! They took my paycheck and used it to cover the overlimit purchases and fees!
The thief cleaned out my bank account and the bank robbed me of my paycheck!
The bank manager was totally unsympathetic and said that I would be refunded the money in 2 to 4 weeks if the investigation turns out in my favor. WHATTT???? I'm the victim not the thief!!!
What recourse do I have now?
Author: nixuzer
Posted: Wed Sep 21, 2005 10:39 pm
Post subject: Re: Cloned debit card - kinda long
boogaloo wrote:
What if your debit card was used to make unauthorized purchases while you still physically had your card?
This just happened to me. I made a purchase at a store two weeks ago, paid with the debit card but the salesperson didn't return the card - only the store discount card and my receipt wrapped around it. I left the store and realized a short while later that my card was missing. I went back to the store and retrieved my card.
Fast forward to this Monday when I went to an ATM to withdraw lunch money and discovered that my checking account was overdrawn.
I called the bank and they read off a list of purchases that had been made over the weekend on my debit card. I cancelled the card immediately and reported the theft to the police. Went back to the bank with the police report and filed a report with the bank.
Went back to my job to cancel the direct deposit of my paycheck but it was too late - the check was already transmitted to the bank.
Here's where it gets even better:
Even though I cancelled the card, filed the police report and bank report and requested that the bank close my checking account, opened a new checking account and made arrangements to transfer my direct deposit paycheck to the new checking account - guess what the bank did!
They victimized me for a second time! They took my paycheck and used it to cover the overlimit purchases and fees!
The thief cleaned out my bank account and the bank robbed me of my paycheck!
The bank manager was totally unsympathetic and said that I would be refunded the money in 2 to 4 weeks if the investigation turns out in my favor. WHATTT???? I'm the victim not the thief!!!
What recourse do I have now?
That is very unfortunate and I'm sorry to hear that. If these truly are the facts then these are the steps I would take:
1. If that manager has a boss I'd be contacting them immediately.
2. I'd also read their written policy and make sure they are adhering to it by the letter of the law. If anything the manager told you doesn't mesh I'd contact him/her again. In fact, send me the banks website address (branch specific if you can) and I'd like to read the agreement. I'm not a lawyer but I can read a contract....
3.
A. Make one last appeal to the bank manager and if they don't I'd immediately contact the local News XYZ investigates and see if they would be interested in doing a story.
OR
B. Let the bank manager know nicely that since this is how they treat customers I'd start picketing however I could within legal means....not too many banks have people picketing in front of their bank.
The court of public opinion is a very persuasive argument.
So as other people don't get caught by this bank please post their name online. Let the power of the internet come into play.
[update]
Just came across this, your situation is helping me learn more about debit card liability. You didn't mention if they were a credit union or not.
http://www.occ.treas.gov/customer.htm
Author: nixuzer
Posted: Wed Sep 21, 2005 10:51 pm
Post subject: Re: Cloned debit card - kinda long
boogaloo wrote:
Went back to my job to cancel the direct deposit of my paycheck but it was too late - the check was already transmitted to the bank.
Here's where it gets even better:
Even though I cancelled the card, filed the police report and bank report and requested that the bank close my checking account, opened a new checking account and made arrangements to transfer my direct deposit paycheck to the new checking account - guess what the bank did!
They victimized me for a second time! They took my paycheck and used it to cover the overlimit purchases and fees!
One other issue, which won't help you now but should in the future, if you look at my post earlier with the response from the bank I was speaking with them about pulling the protection off my account (overdraft loan and the ability for my checking to draft my savings) and that way my direct deposit would go to my savings account and I would manually move the money to my checking account on paydays. This might have prevented some of your grief. Might based on the fact that a bank can pull money from any account to cover issues (if I recall correctly) but if the bank mgr is some difficult person to deal with it might not matter.
Author: boogaloo
Posted: Thu Sep 22, 2005 5:33 pm
Post subject: Debit Card Safety
The bank is Astoria Federal Bank for Savings. The branch is in NYC.
Your suggestion is right on the money with regard to moving the direct deposit from checking to savings. It would have spared me at least half the grief I'm feeling right now.
I was finally told by the cust service rep that's handling my case that the bank manager arranged to give me a provisional credit of the amount in question. The CSR says it should take effect in a couple of days - not weeks as the manager told me previously.
If I don't see that money in my account by Monday I will definitely call the TV News AND picket the bank.
Author: nixuzer
Posted: Fri Sep 23, 2005 1:43 pm
Post subject: Stolen Debit Card Number
boogaloo wrote:
The bank is Astoria Federal Bank for Savings. The branch is in NYC.
Emailed them and they are actually sending me a hardcopy of their debit card agreement/rules.
Code:
Thank you for your inquiry. Please e-mail your name and complete
address to my attention and, under separate cover, we will be happy to
mail you a "Regulation E" disclosure, governing ATM and debit card
transactions. Or, you may call our Telephone Banking Center at
1-800-278-6742 and a Specialist will be happy to help you.
Sincerely,
[....Customer Care Rep Name ....]
Customer Care Department
Author: nixuzer
Posted: Wed Oct 05, 2005 12:55 pm
Post subject: Stolen Debit Card Number
nixuzer wrote:
Emailed them and they are actually sending me a hardcopy of their debit card agreement/rules.
Got their terms in the mail a week ago just never got back to posting, here is the scanned copy.
Astoria Federal Savings Regulation E Disclosure and Premium Access Online Banking & Bill Payment Page 1
Astoria Federal Savings Regulation E Disclosure and Premium Access Online Banking & Bill Payment Page 2
If you look at the middle of Page 1, Error Resolution section here are what their responsiblities are specific to what we've been discussing.
- They have 10 business days to correct errors
- If they need more time to investigate they will still credit your account with the money within the 10 business days (20 days for new accounts) while they investigate.
So, what finally happened?
Author: CreditCardGuru
Posted: Sun Oct 09, 2005 8:18 am
Post subject: Stolen Debit Card Number
They are safe, most banks use VISA so its VISA's zero liability policy. But the most you can be held liable for is up to $50 however most places have done away with that and went to VISA's zero liability policy, MasterCard also has a similiar policy. Also about bank fees, if you do a fraud report and those fees caused you to overdraft they have to refund those by law the same way the credit card companies would have to refund over the limit fees. Please don't be fooled by misleading information out there, I have noticed several OLD and ARCHAIC terms on websites and stuff. The best thing to do is contact the bank a.k.a. card issuer.
Author: boogaloo
Posted: Tue Oct 11, 2005 11:17 pm
Post subject: Stolen Debit Card Number
Sorry it took so long to reply...
Astoria Federal issued me a "provisional credit" for the total fraudulent charges 10 days after I filed the report - however, they have not returned any of the overlimit fees. They still owe me $360.
posted by CardRatings.com at 11:20 AM
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