Asheville, NC asked in Consumer Law for North Carolina

Q: My bank will not reimburse me for debit card fraud against my account, legal recourse?

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2 Lawyer Answers
Rachel Lea Hunter
Rachel Lea Hunter
Answered
  • Consumer Law Lawyer
  • Cary, NC
  • Licensed in North Carolina

A: You do not provide enough facts. You used your debit card. How soon after discovering the fraud did you notify your bank? There are time limits. With a credit card, you have 60 days after the charges appear to dispute them. Not so with an ATM card. You have 2 days to dispute this with your bank and your liability will be $50. If you do not notify the bank then the limits are $500. If more time elapses you may be on the hook for the full amount.

The rules are in the Code of Federal Regulations, 12 CFR 205.6. It is part of "Regulation E". Here is the link:

http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR&...

Read the regulation and then compare what happened here. Note when you discovered the fraud and whether you notified the bank in 2 days or less. Then you will know if you have any kind of a case.

Rachel Lea Hunter
Rachel Lea Hunter
Answered
  • Consumer Law Lawyer
  • Cary, NC
  • Licensed in North Carolina

A: You do not provide enough facts. You used your debit card. How soon after discovering the fraud did you notify your bank? There are time limits. With a credit card, you have 60 days after the charges appear to dispute them. Not so with an ATM card. You have 2 days to dispute this with your bank and your liability will be $50. If you do not notify the bank then the limits are $500. If more time elapses you may be on the hook for the full amount.

The rules are in the Code of Federal Regulations, 12 CFR 205.6. It is part of "Regulation E". Here is the link:

http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR&...

Read the regulation and then compare what happened here. Note when you discovered the fraud and whether you notified the bank in 2 days or less. Then you will know if you have any kind of a case.

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