Any advice on chase debit/visa, child used

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Jsub
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Any advice on chase debit/visa, child used

Postby Jsub » Thu Nov 27, 2014 11:47 am

My 11 year old son has been using my visa debit card from chase to make online purchases for a game he has been playing online. I just became aware of these charges initiated the chargeback process and few days later chase said they won't refund me due to it being my son.

I checked then deposit agreement and it says nothing about being liable if a child uses unauthorized. I'm guessing they are trying to claim "gross negligence" part of their agreement. Although how a kid stealing a credit card is negligence on my part is beyond me lol. Any who, I cited the truth in lending act saying thought I'm only liable for $50 max, there answer is well we can't help you.

Any advice or tips to use when speaking with them? Dso I have to file a police report against my child and hand over to chase to get them to refund me?

Any help appreciated.


whit
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Postby whit » Thu Nov 27, 2014 6:30 pm

Unauthorized is fraud

You're going to claim fraud against your 11 year old? He's in fifth or six grade?

You can deduct it from his allowance and in case you don't give any, tell him merry Christmas and happy birthday to cover the 50

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Postby Jsub » Thu Nov 27, 2014 7:51 pm

No chase is trying to keep me on the hook for the full amount which is $400. He just kept purchasing in app features on some game. They aren't saying I'm liable for just $50 they are telling me $400 sorry too bad so sad. I'm asking what about the zero liability or any of the federal laws that say any use of card not by myself or given to sum1 directly to use I am supposed to be covered or am I wrong?

$400 is a lot of allowance $ to just chalk up as oh well.

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Postby Vattené » Fri Nov 28, 2014 12:12 am

I can't offer much in the way of advice, but I do agree with you , Jsub. An unauthorized transaction is an unauthorized transaction, whether made by your son or a pickpocket that lifted your card from you. Either way, you didn't authorize it and either way Chase isn't going to go after the person that made the transaction.

Whether it is an in-app mobile purchase or an online game, would an 11 year-old even have the legal capacity to make such a purchase? Again, I realize I'm not being of any help to you, but I do sympathize with you and I believe (according to my very limited understanding of the law) that you should not be held liable for this.

EDITED TO ADD: I believe you should try to fight it, but at the very least you should request Chase send you a new debit card. It might be a pain if you have other automatic transactions set up, but if this game is storing the information it will at least prevent your son from making any further purchases. And I suppose this goes without saying, but make it very clear to your son that this behavior is not ok and take further steps to keep your card out of his hands. (Requesting a new card may also signify to Chase that you are taking this seriously and not just trying to get out of some purchases, not that it will necessarily make a bit of difference.)
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Postby yfan » Fri Nov 28, 2014 1:17 am

Jsub wrote:I checked then deposit agreement and it says nothing about being liable if a child uses unauthorized.

Because your situation is NOT unauthorized use. The legal case is simple. You as a parent are legally responsible for everything your minor child does - whether you expressly authorized it or not. If your son gets in a fight and causes damage or injury, you cannot claim that you are not legally responsible to pay the bills to fix that damage. If your son gets behind your car's wheel somehow and crashes it, your insurance will not waive your deductible. If your son fiddles with something at a toy store and breaks it, you better believe the store will charge you for it.

Similarly, when your child uses a credit card, you ARE legally liable for it, whether it's your credit card or someone else's. This is because the law assumes that it is the parents' responsibility to keep their children from doing these things.

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lobbythis
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Postby lobbythis » Fri Nov 28, 2014 2:18 am

yfan wrote:Because your situation is NOT unauthorized use. The legal case is simple. You as a parent are legally responsible for everything your minor child does - whether you expressly authorized it or not. If your son gets in a fight and causes damage or injury, you cannot claim that you are not legally responsible to pay the bills to fix that damage. If your son gets behind your car's wheel somehow and crashes it, your insurance will not waive your deductible. If your son fiddles with something at a toy store and breaks it, you better believe the store will charge you for it.

Similarly, when your child uses a credit card, you ARE legally liable for it, whether it's your credit card or someone else's. This is because the law assumes that it is the parents' responsibility to keep their children from doing these things.


100% agreed. A bad parenting lesson learned. There's been so many people claiming this silly story lately with games on phones and tablets. I can only imagine how many calls they get with the same excuse. Whether the parent is telling the truth or not, Chase or any bank isn't going to just eat it because you are negligent and careless with your children.

If your little gremlin of a child is swiping cards to buy stuff at random, don't leave your crap lying around. Plus, it sounds like this was done on a tablet/phone. Racking up $400 probably wasn't done in a day.

And routinely check your accounts. That should be a given. Just teach your kid a lesson and stop blaming others.

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Postby popamode72 » Fri Nov 28, 2014 7:17 am

Easy solution: Be a much better parent to your child. Treat that checking account like a cookie jar that your child can't reach unless you're closely monitoring it. If there's a way to set up a spending limit and a really low one, do it.

I really hope you weren't trying to pull our leg with this.
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djrez4
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Postby djrez4 » Fri Nov 28, 2014 10:44 am

Having someone, even a bunch of internet strangers, criticize your parenting is tough to take. I get that. Let's focus on the law. Debit cards behave differently than credit cards. Credit cards are covered under the Fair Credit Billing Act. Debit cards fall under the Electronic Funds Transfer Act, which limits liability as follows:

  • Loss is limited to $50 if institution is notified within two business days
  • Loss could be up to $500 if institution is notified between 3 and 59 days
  • If loss is not reported within 60 business days customer risks unlimited loss on transfers made after the 60 day period – could lose all money in account plus maximum over draft if any
So, $50 is not a hard limit unless you tell the bank immediately. You don't mention how much time passed between the charges and your notice to the bank, but it sounds like it was more than two days. Unless the account agreement specifies otherwise, you're responsible for the entire $400, under the law.
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yfan
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Postby yfan » Fri Nov 28, 2014 11:16 pm

^ None of these matter though, because they only apply to charges one is not legally responsible for. A parent is legally responsible for the charges their child makes.

Jsub
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Postby Jsub » Sat Nov 29, 2014 2:39 am

lol thank u for ur responses regarding my gremlin child and bad parenting. If u had any laws or regulations to cite it would have been a bit more helpful instead of opinions on parenting.

I suppose the parents of kids that commit school shootings or suicide are also bad parents ? Love the logic here :-)

Anywho there is a fiduciary responsibility that the bank must uphold due to federal laws regardless of inhouse policies. I cited federal law from an attorney msg board and cases the parent is not legally nor liable for charges made. Can always be fought regardless of bank policy they still must adhere to federal guidelines. So for future reference if anyone with gremlins has it happen to them read this post ; u will not be held responsible regardless of ur first answers from corporate. Google is ur friend use it and get ur charges taken care of.

Thanks for all the answers helpful ones and not



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