San Francisco, CA asked in Banking and Business Law for California

Q: I had bank fraud on my account filed a dispute and they declined it

So I found out that I had fraud on my account and they wiped it all out. I filed a claim with my bank but they ended up changing names when it was in the process. And when I went back in to ask they said they couldn’t find it so they had to do it again. But within 3 days they declined it. Even though I wasn’t the one that made those purchases. I don’t know what to do. But that was a large amount of money I lost

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James L. Arrasmith
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Answered
  • Business Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you have experienced bank fraud on your account and your bank has declined your dispute, there are several options available to you in California.

First, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) or the Office of the Comptroller of the Currency (OCC), which are federal agencies that oversee and regulate banks. These agencies can investigate your complaint and potentially help you resolve the issue.

Second, you can hire an attorney who specializes in consumer law to help you pursue legal action against your bank. This may involve filing a lawsuit or arbitration claim, depending on the terms of your account agreement with the bank.

It is also important to keep in mind that California has strong consumer protection laws, such as the Consumer Legal Remedies Act (CLRA) and the Unfair Competition Law (UCL), that may provide additional remedies for bank fraud victims. An attorney can advise you on the specific legal options available to you in your situation.

In addition to pursuing legal action, you should take steps to protect yourself from future fraud by monitoring your accounts regularly, reporting any suspicious activity to your bank immediately, and taking steps to secure your personal and financial information.

Here are some relevant California and federal laws related to bank fraud and consumer protection:

California Consumer Legal Remedies Act (CLRA): This law provides consumers with protections against deceptive and unfair business practices. The CLRA prohibits a wide range of activities that may be considered unfair or deceptive, such as misrepresenting the nature or quality of goods or services, failing to disclose important information, and using false or misleading advertising. The CLRA provides consumers with the right to bring a lawsuit for damages and other remedies.

California Unfair Competition Law (UCL): This law provides similar protections as the CLRA, but applies to a broader range of unfair or deceptive practices. The UCL allows consumers to bring a lawsuit for injunctive relief and restitution, and it also provides for civil penalties.

Electronic Fund Transfer Act (EFTA): This federal law regulates electronic funds transfers, such as ATM and debit card transactions. The EFTA provides consumers with certain protections, such as the right to dispute unauthorized transactions and to receive timely notice of changes to account terms.

Truth in Lending Act (TILA): This federal law requires lenders to disclose certain information about the terms and costs of credit, such as the interest rate, fees, and repayment terms. TILA provides consumers with the right to rescind certain types of loans within a certain period of time, and it also provides for damages and other remedies for violations.

Fair Credit Reporting Act (FCRA): This federal law regulates the collection, use, and dissemination of credit information by credit reporting agencies. The FCRA provides consumers with the right to access their credit reports, dispute inaccurate information, and receive notice of adverse actions based on credit information.

These are just a few examples of the many laws and regulations that may apply to bank fraud and consumer protection issues in California and at the federal level. It is important to consult with an attorney who specializes in consumer law for advice on your specific situation and legal options.

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