Adelanto, CA asked in Banking for California

Q: Is it legal for an online bank to keep and not send you a replacement debit card and keep your money froze for 10 months

The money that they won't release to me by the way was one of mine deposited in my account to live on. I have the account number that I had give

n them and they just told me over the phone on 2/8/2023 that they no longer have that number. I really need your help. Thank you, Dianna

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Business Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: It is not legal for a bank to keep your money frozen for an extended period of time without a valid reason or explanation. Additionally, failing to send a replacement debit card without justification is also not acceptable. You should contact the bank's customer service and request a full explanation for the delay and the missing account number, and ask for a resolution to the issue. If the bank does not provide a satisfactory response, you may want to consider seeking legal advice or filing a complaint with the appropriate regulatory agency.

Under the Electronic Fund Transfer Act (EFTA), which governs debit card transactions, banks are required to provide timely notice of any account freezes or holds, and to provide consumers with a reasonable opportunity to resolve any errors or disputes. Additionally, banks are required to provide consumers with periodic statements of account activity and must investigate any unauthorized transactions. Failure to comply with these regulations may result in liability for damages and other legal remedies.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.