Card fraud - my legal options?

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Champagne
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Card fraud - my legal options?

Postby Champagne » Sat Apr 11, 2015 5:17 pm

I had a dispute open with Netspend because someone had ran my card in ATM locations and in other places that are not within my "spending pattern"....

E-mailed them a letter stating an error occurred, transaction amounts, etc.

They get back to me today saying I'm too much of a risk and want to close my account, I said fine, what about my dispute? They proceed to say it was cancelled and that everything is complete (under 10 business days) and my funds will NOT be returned.

WHAT?!

I furiously went to talk to a supervisor on the phone and she also claims since closure of my account will happen they can't help me and told me to take them to a small courts in my state. Which I will do (unless there is other options) because it's my money. Keep in mind this was the first time something like this happens on my account and they decide to close my account because I couldn't verify myself by sending a bank statement (claimed it was too blurry)

So to take them to court...amount is about 1,000$ USD..what exactly do I need to do? I NEED these funds back.


MemberSince99
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Postby MemberSince99 » Mon Apr 13, 2015 9:21 pm

If they are in your area, you can simply sue them in small claims court, as suggested. That would be your best bet because hiring an attorney will be expensive.


Also consider filing a complaint with the CFPB.


If these don't bear fruit your only real option is to get a lawyer to sue them.


You could also put your story on social media and hope they sue you for slander - they would get you into court with them anyway....God forbid you exercise your 1st amendment rights as that makes you a socialist/terrorist/liberal/communist/freeloading horrible evil person in the land of the free..... oh sorry, rant over, off the soapbox here....

Champagne
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Postby Champagne » Tue Apr 14, 2015 1:24 am

MemberSince99 wrote:If they are in your area, you can simply sue them in small claims court, as suggested. That would be your best bet because hiring an attorney will be expensive.

Also consider filing a complaint with the CFPB.


Would like to take them to small claims court. What info exactly do I need? Don't know where to start...should I get a lawyer consultation ?

Pretty sure Netspend, according to their web address, is located in Texas. I am from Florida. Not sure if that counts as for what you meant but I'm willing to do this as I will not be denied what is mines just because they want to close my accounts. They have given me absolutely no proof nor any legal documents stating as to why my dispute was found no error, just straight no for an answer.

Will file that complaint immediately in the morning.

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Postby amex007 » Tue Apr 14, 2015 10:37 am

Is Netspend a bank or credit card company or store?
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lobbythis
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Postby lobbythis » Tue Apr 14, 2015 12:05 pm

Netspend is a lender for mostly prepaid credit and debit cards. Since there is a lot of fraud in that industry, many of these companies are quick to cut people off if they sense any type of fraud activity.

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Postby Champagne » Tue Apr 14, 2015 12:26 pm

lobbythis wrote:Netspend is a lender for mostly prepaid credit and debit cards. Since there is a lot of fraud in that industry, many of these companies are quick to cut people off if they sense any type of fraud activity.


I agree.

I failed to send them a "clear" picture of my water bill and they said first, it was too blurry, then I had left out the company name of the water bill and thats when they just declined everything.

Any tips on how I should begin this legal process? Obviously just asking for tips not gonna take any legal advice, just want to know whats the best way to approach this.

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Postby lobbythis » Tue Apr 14, 2015 1:06 pm

I cannot advise on much, but I will tell you what most people do with PayPal since similar issues happen.

Netspend obviously has decided to close your account and deny you service, which they can legally do at their own discretion. So, you are stuck there.

I assume this is a prepaid debit with your SSN attached? At least that can help prove it's your money and legally they cannot just hold your money because they feel like it. They are basically doing what PayPal does to "protect" themselves from any aftermath of your "fraudulent" activity. Anyways, many people have success with PayPal simply by having a lawyer draft a letter to PayPal acknowledging said money cannot legally be held. I have not had to do it personally, but many people who run into this issue claim this works every time.

That's the best idea I can give. Hope it helps a bit.

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Postby Champagne » Wed Apr 15, 2015 10:58 am

lobbythis wrote:I cannot advise on much, but I will tell you what most people do with PayPal since similar issues happen.

Netspend obviously has decided to close your account and deny you service, which they can legally do at their own discretion. So, you are stuck there.

I assume this is a prepaid debit with your SSN attached? At least that can help prove it's your money and legally they cannot just hold your money because they feel like it. They are basically doing what PayPal does to "protect" themselves from any aftermath of your "fraudulent" activity. Anyways, many people have success with PayPal simply by having a lawyer draft a letter to PayPal acknowledging said money cannot legally be held. I have not had to do it personally, but many people who run into this issue claim this works every time.

That's the best idea I can give. Hope it helps a bit.


I was thinking that. I am fine with them closing my account but the issue is that one card was lost and about 1500$ were used in ATM transactions and places like gas stations over and over. They claim the dispute was no error found, which is completely outrageous to me, why? All I ever did was load 3000$ and buy stuff online, Amazon and ebay.com to be exact. Left the rest of the money there to shop later, and one day the card gets lost and a buncha crap starts happening, transactions EVERYWHERE and locations I don't usually visit but are within my city. So they said no to giving me the stolen money back and I asked why? Absolutely no answer just said someone will get back to me ( bullsh*t ) and no documentation proving to hy it was declined, or why it was found not to be fraudulent! I want what's mines as I am legally protected by their own Terms and conditions ; I reported it timely, sent a written form by email explaining the error.

Is it expensive to get a legal letter ? Obviously Netspend needs to be informed regarding the reimbursement of the money that was stolen from me...and it has to be by force it seems.

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lobbythis
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Postby lobbythis » Wed Apr 15, 2015 4:49 pm

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.

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Postby JamesMS » Wed Apr 15, 2015 5:10 pm

I believe what is being said is that they want to get back money that was spent, but not by them. In this case, your best bet is to do what you need to do like membersince99 stated. You can sue, call the news, post social media, and many other avenues that can cause headaches for this company.

Since this is not a "regular" bank or credit card company, trying to get them to refund the money based on your statement might be hard since they have decided to cancel your account. The big question is, can you definitely prove that those charges were not made by you? If so, then yes, you do have some sort of recourse.
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