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Home >> Scams/Fraud
Unauthorized Withdrawals: Bank Refuses to Help
Unauthorized ATM withdrawals were made from my account. My card was not lost or stolen. I notified the bank as soon as I realized this had happened. They informed me that I was "screwed". When I asked for their help in getting video tape, etc. to identify the thief, they said it was "my problem". The rules seem to say I am only liable for $50. What is the real story?
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 Someone at your bank needs a lesson in the rights a customer has to file claims that electronic fund transfers, including ATM withdrawals, were not authorized, and basic customer service. The fact that you've not lost your card is irrelevant. Card skimming scams can capture card information and PINs from unwary cardholders, and any transactions made with the counterfeit cards manufactured from that card information are unauthorized. Your bank is legally obligated to accept a claim from you that the ATM withdrawals were not authorized, and to investigate that claim. They must also reasonably document that the transactions were authorized by you, or pay the claim. That means they need to obtain photos of the individuals making those transactions to see if you are in those photos.
Make your claim in writing, identifying yourself, your account number, the transactions in question and why you believe they were not authorized. Keep a copy for yourself, and present the written claim to the bank in person.
Your bank, or the individual you talked to, has things backwards. It is not your responsibility to prove that the transactions were made by someone else. It is the bank's responsibility to document that they were made by you. Since your card was neither lost nor stolen, you should not be liable for even $50.
Published on BankingQuestions.com 8/11/10
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