Card fraud - my legal options?

Get credit card fraud help: For victims of credit card fraud and identity theft, and those that can help.
33 posts
MemberSince99
Centurion Member
Centurion Member
 
Posts: 4913
Joined: Sun May 20, 2012 4:35 pm
Location: WI

Postby MemberSince99 » Wed Apr 15, 2015 5:54 pm

You'll have to file a small claims suit in the county courthouse of a location where they do business. I did it once but it was years ago so I'm not sure if you need the owner's name or someone's name or just the business can be sued anymore. You just go to the courthouse and they will help you fill out the paperwork and you pay the fees including service fee (which tells them that you are suing them) and wait for them to be served and get a court date set. Then you go in with or without an attorney (usually without in small claims) and make your case to the judge. If they don't show up, you will win by default. If they do show up, anything can happen.


Champagne
Green Member
Green Member
 
Posts: 6
Joined: Fri Apr 10, 2015 12:27 pm
Location: Sunshine State

Postby Champagne » Wed Apr 15, 2015 8:21 pm

lobbythis wrote:I think I got confused here a bit. Are you trying to get back whatever money is left on the card or the money that was spent, or both?

The idea with PayPal only works for actual money being held. In this case, Netspend is probably going to do all they can to not refund money that was spent as they don't actually have it.

For future reference, I would also use a lender that offers temporary virtual credit card numbers. You can avoid the Netspend fees and having to deal with their nonsense. The virtual number is dead in 24 hours and no one can steal it. This makes more sense to me since you say you just use it for safe online shopping.


To clear things up in a TL;DR

Signed up for a netspend ( was planning to use it for Tax return as I heard they are fast) load 3000, spend on Amazon, unauthorized charges totaling 1500$ pop-up (ATM withdrawls/gas stations/etc), I report the charges, 10 business days later they say no to a credit and case closed, they tell me to file a small claims court for my money back as they can't help me anymore.

Absolutely no proof or any documentation was given or provided to me, as they said it would, as to why my claim was denied and my money not returned.

I hope it's clear now.

Champagne
Green Member
Green Member
 
Posts: 6
Joined: Fri Apr 10, 2015 12:27 pm
Location: Sunshine State

Postby Champagne » Wed Apr 15, 2015 8:24 pm

MemberSince99 wrote:You'll have to file a small claims suit in the county courthouse of a location where they do business. I did it once but it was years ago so I'm not sure if you need the owner's name or someone's name or just the business can be sued anymore. You just go to the courthouse and they will help you fill out the paperwork and you pay the fees including service fee (which tells them that you are suing them) and wait for them to be served and get a court date set. Then you go in with or without an attorney (usually without in small claims) and make your case to the judge. If they don't show up, you will win by default. If they do show up, anything can happen.


Jeez. I've been to court before for traffic tickets but that's it!

Does that mean in Texas? I believe Netspend runs its operations from Texas, I am in Florida.

I just want my 1500$ back as it was unauthorized fraudulent charges, no idea how they even got my PIN and how can Netspend just let all these transactions go through..

whit
Centurion Member
Centurion Member
 
Posts: 508
Joined: Tue Aug 13, 2013 10:04 pm
Location: ca

Postby whit » Wed Apr 15, 2015 8:33 pm

Champagne wrote:Jeez. I've been to court before for traffic tickets but that's it!

Does that mean in Texas? I believe Netspend runs its operations from Texas, I am in Florida.

I just want my 1500$ back as it was unauthorized fraudulent charges, no idea how they even got my PIN and how can Netspend just let all these transactions go through..


This is where you're running into a problem.

IF the charges were run though with your pin (think chip and pin..the pin being an added layer of security)

Than 99.9% of the time you're SOL

Because no one is suppose to know that pin but you, and if you wrote it somewhere or had it stored somewhere (not saying you did)..or did not protect it while entering it in atm or whatever (again not saying you did)

And it got compromised (as it clearly has)

Than you're liable for it because companies only make the fraudulent purchases, not liable of you, if you do your do diligence just like they have their part in making sure that fraud doesn't occur.

But of course, it occurs.

If your pin wasn't involved, and you let them know in a timely manner, you would have more luck.

I would go and read the agreement you signed and see if there is anything there that allows for recourse

Champagne
Green Member
Green Member
 
Posts: 6
Joined: Fri Apr 10, 2015 12:27 pm
Location: Sunshine State

Postby Champagne » Wed Apr 15, 2015 9:05 pm

whit wrote:This is where you're running into a problem.

IF the charges were run though with your pin (think chip and pin..the pin being an added layer of security)

Than 99.9% of the time you're SOL

Because no one is suppose to know that pin but you, and if you wrote it somewhere or had it stored somewhere (not saying you did)..or did not protect it while entering it in atm or whatever (again not saying you did)

And it got compromised (as it clearly has)

Than you're liable for it because companies only make the fraudulent purchases, not liable of you, if you do your do diligence just like they have their part in making sure that fraud doesn't occur.

But of course, it occurs.

If your pin wasn't involved, and you let them know in a timely manner, you would have more luck.

I would go and read the agreement you signed and see if there is anything there that allows for recourse


You agree to exercise reasonable control over your Personal
Identification Number(s) (“PIN”(s)); User ID(s); and Password(s) (each referred to as a “Code&#8221 ;) ;
Card(s), and any other item or instrument related to your Card account. You may be liable for
unauthorized transactions on your Card account(s). You agree to notify us within two (2) business days
upon learning of the loss, theft or possible unauthorized use of your Card account(s) or any Card(s) or
Code(s) tied to your Card account(s) by calling 1-86-NETSPEND or 1-866-387-7363. To reduce your
potential liability, you must call us within two (2) business days of learning of the loss, theft or
unauthorized use your Card(s), Code(s), or Card account(s). If you tell us within two (2) business days
of the loss or theft, you can lose no more than $50 if someone used your Card, Code or Card account
without your permission.


I did everything they asked and I understand you but my card does not have a chip and never would I write my PIN down, it was compromised, as you said.

I am unsure what to do but if I have to I will go to a small claims court...I don't have much documentation other than the letter of dispute I sent them, couple call logs with supervisors of Netspend, and that's about it.

JamesMS
Centurion Member
Centurion Member
 
Posts: 151
Joined: Mon Apr 13, 2015 6:17 pm
Location: Fort Worth, TX

Postby JamesMS » Wed Apr 15, 2015 10:17 pm

To be honest. The first thing that you should have done, and maybe you did, was file a police report. Some companies require that you provide them with a police report when trying to claim fraud.
Main Cards:
Amex BCE
Amex Everyday
Bank of America Cash Rewards
Chase Freedom
Capital One Quicksilver
Citi Thank You Preferred

Spark Cash Back (Business), Amex Plum (Business)

whit
Centurion Member
Centurion Member
 
Posts: 508
Joined: Tue Aug 13, 2013 10:04 pm
Location: ca

Postby whit » Wed Apr 15, 2015 10:36 pm

Champagne wrote:I did everything they asked and I understand you but my card does not have a chip and never would I write my PIN down, it was compromised, as you said.

I am unsure what to do but if I have to I will go to a small claims court...I don't have much documentation other than the letter of dispute I sent them, couple call logs with supervisors of Netspend, and that's about it.


What I meant was that pins are suppose to be more secure--like chip and pin is > magnetic stripe and signature--not that, your card had a chip, sorry for mis confusion.

Your best bet, like jamesms has said, and it's a bit of legwork--is to file a police report. With that, go to the ATMs/gas station and have them pull tapes for you..gas station is harder but atm always have the video (unless it's one of those tiny stand alone ones) and so with the police report you can get them to pull tapes for you

Than you can go after the person who did this in small claims court

You won't be able to, imho, I could be wrong, go after net spend with a mere police report.

JamesMS
Centurion Member
Centurion Member
 
Posts: 151
Joined: Mon Apr 13, 2015 6:17 pm
Location: Fort Worth, TX

Postby JamesMS » Wed Apr 15, 2015 10:48 pm

I had to do all of this when my wallet was stolen 3 years ago, and it was hell. It was stolen out of my office and it took a couple of hours before I realized it was gone. By that time, over $3k was spent. It took a couple of weeks to get everything straightened out with my bank and credit cards. There was some work involved.

Filed a police report and within a couple of day the detective met with me and had me fill out quite a few forms. Once the report was done i was given an electronic copy to submit to all banks. Some of the banks stated that they were glad I filed the report because without it, the charges would not have been reversed.

I would file the report ASAP, like tomorrow. This will probably be the only way to get this matter resolved.
Main Cards:
Amex BCE
Amex Everyday
Bank of America Cash Rewards
Chase Freedom
Capital One Quicksilver
Citi Thank You Preferred

Spark Cash Back (Business), Amex Plum (Business)

User avatar
lobbythis
Centurion Member
Centurion Member
 
Posts: 616
Joined: Sun Sep 07, 2014 8:53 pm
Location: usa

Postby lobbythis » Wed Apr 15, 2015 10:57 pm

The fact that someone had the PIN to the card to pull cash out may really make this hard.

It's one thing to just charge credit, but debiting cash with a PIN only you are supposed to know is going to put all the blame against you.

User avatar
lobbythis
Centurion Member
Centurion Member
 
Posts: 616
Joined: Sun Sep 07, 2014 8:53 pm
Location: usa

Postby lobbythis » Wed Apr 15, 2015 11:00 pm

JamesMS wrote:I had to do all of this when my wallet was stolen 3 years ago, and it was hell. It was stolen out of my office and it took a couple of hours before I realized it was gone. By that time, over $3k was spent. It took a couple of weeks to get everything straightened out with my bank and credit cards. There was some work involved.


But, it was credit chargers and not debits with your private PIN right?

This is going to be a serious problem for the OP to dispute.



Return to “Credit Card Fraud”

Who is online

Users browsing this forum: No registered users and 0 guests