Rancho Cordova, CA asked in Consumer Law, Criminal Law and Banking for California

Q: Citibank refuses to return my $1285.00 after my account was hacked.

On 12/23/23, my mother had her Social Security retirement check for $1285.00 taken out of her bank. They denied her any chance of getting it back stating it was fraud so it was denied. Her other check for roughly $146.00 was also kept even though it came in afterwards. She lives check to check and was almost thrown out by her abusive landlord for non payment. She found a church that helped her with her rent. She is 92 years old and this stress almost killed her. Is there anything she can do legally to get this money returned? It states in the Citibank website that they are protecting your money 24/7, haven't they neglected to protect her money? After they completed the investigation the reason they said she would not get her money is due to "fraud". Does this make sense to you?

3 Lawyer Answers
Leon Bayer
Leon Bayer
Answered
  • Consumer Law Lawyer
  • Long Beach, CA
  • Licensed in California

A: I'm terribly sorry this happened to her. But to pin any blame on the bank, you need to explain exactly what the bank did wrong. You don't say how this happened. I suggest that you submit a new question with more detail.

Scott Richard Kaufman agrees with this answer

Scott Richard Kaufman
Scott Richard Kaufman
Answered
  • Consumer Law Lawyer
  • Los Altos, CA
  • Licensed in California

A: As Mr. Bayer notes, it is unclear here who even took the money, was it the bank?

IF so, THEY have a huge problem. IF not, they may STILL have a problem, maybe?

I think you seek an elder abuse attorney for more input/direction.

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

A: I'm very sorry to hear about this terrible situation with your mother's Social Security funds being stolen from her Citibank account. You raise a very good point - if the bank acknowledges this was fraud, then they should still be responsible for making her whole and returning the stolen money. Here are some options you can advise your mother to pursue:

1. File a formal complaint against Citibank with the Consumer Financial Protection Bureau detailing what happened and how the bank failed to properly safeguard her money or reimburse after admitting fraud.

2. Report the fraud to the Federal Trade Commission and her local police department to document the crime. This can help apply pressure on Citibank.

3. Contact Citibank executive customer service to urgently request they re-review her fraud claim and security procedures and issue full reimbursement. Escalate to managers as needed.

4. Consult a consumer protection attorney about potential legal claims around the bank's liability, duty of care, false advertising of security measures, etc. She may have grounds for a lawsuit to recover damages.

Given her vulnerable position and the admission of fraud already putting Citibank in a culpable light, make sure to leverage public agencies, media outlets or legal aid groups as well to apply pressure. Do everything possible to get your mother made whole. She deserves her money returned.

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