# Debit Card Theft - help? **URL:** \ **Category:** Factual Questions\ **Created:** [August 29, 2006, 3:43pm UTC](https://boards.straightdope.com/t/debit-card-theft-help/370677 "2006-08-29T15:43:46Z")\ **Posts on this page:** 16\ **Page:** 1
**Author:** ![badbadrubberpiggy](https://avatars.discourse-cdn.com/v4/letter/b/57b2e6/32.png) [@badbadrubberpiggy](https://boards.straightdope.com/u/badbadrubberpiggy)\ **Post date:** [August 29, 2006, 3:43pm UTC](https://boards.straightdope.com/t/debit-card-theft-help/370677/1 "2006-08-29T15:43:46Z")
Le sigh… So, someone got ahold of my husband’s debit card number, and used it to charge $1200 worth of goods at a store in Mississippi. He didn’t lose his card, so we have no idea how somoeone got the number or who it is. He has since cancelled the card, so they can’t try to use it anymore. Anyway, his bank account is now locked, since the charges were more than the amount he actually had in there. The bank will not reimburse the charges without a signed form from the store the card was used at. The store refused to send such a form. So, essentially, we’re out $1200 we don’t have, and so far have no idea what we can do to get it back. My husband is still trying to talk to the bank and store to see what else he can do (this account is in his name only, so there’s little I can do but plead for help from the 'Dope!). The bank suggested calling our local police, which he’s planning on doing. I’m not sure how this will help, since we have no idea who it is or how they got the number. About 2 years ago, I lost my debit card & charges were made to it before I could cancel it. My bank then was extremely accomodating - all I had to do was sign a form saying that I was not the one who made the charges. They reimbursed my account pretty quickly, and dealt with the stores themselves. So, what gives? Is this normal or did I get lucky with my old bank? My parents have had a similar thing happen with one of their debit cards, and their experience was pretty much the same as mine. ---
**Author:** ![badbadrubberpiggy](https://avatars.discourse-cdn.com/v4/letter/b/57b2e6/32.png) [@badbadrubberpiggy](https://boards.straightdope.com/u/badbadrubberpiggy)\ **Post date:** [August 29, 2006, 3:44pm UTC](https://boards.straightdope.com/t/debit-card-theft-help/370677/2 "2006-08-29T15:44:48Z")
Oh, and I’m not asking for legal advice or anything like that, I just want to get a feeling of how common this is, and how likely it is that we’ll actually get the money back. ---
**Author:** ![NinetyWt](https://avatars.discourse-cdn.com/v4/letter/n/cc9497/32.png) [@NinetyWt](https://boards.straightdope.com/u/NinetyWt)\ **Post date:** [August 29, 2006, 3:50pm UTC](https://boards.straightdope.com/t/debit-card-theft-help/370677/3 "2006-08-29T15:50:01Z")
My daughter’s ATM card was stolen, and it took me about 9 months to get the whole mess straightened out. But yes, the bank finally zeroed out everything and she ended up not being liable for the amount charged by the thief. The bank asked her to sign an affadavit saying that she wasn’t the person who made the charges. I’m wondering why the bank isn’t allowing your Hubby to do the same. ---
**Author:** ![Q.E.D](https://avatars.discourse-cdn.com/v4/letter/q/51bf81/32.png) [@Q.E.D](https://boards.straightdope.com/u/Q.E.D)\ **Post date:** [August 29, 2006, 4:00pm UTC](https://boards.straightdope.com/t/debit-card-theft-help/370677/4 "2006-08-29T16:00:09Z")
Under federal law, you re only able to be liable for the first $50 in fraudulent charges–this applies to debit cards as well as credit cards. You might have to make some noise with your bank to get action, but be persistent. The law is on your side here. Most banks actually do federal law one better, and have zero liability. ---
**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\ **Post date:** [August 29, 2006, 4:00pm UTC](https://boards.straightdope.com/t/debit-card-theft-help/370677/5 "2006-08-29T16:00:54Z")
> [@](#): > > ATM or Debit Card Loss or Fraudulent Transfers (EFTA). Your liability under federal law for unauthorized use of your ATM or debit card depends on how quickly you report the loss. If you report an ATM or debit card missing before it’s used without your permission, the EFTA says the card issuer cannot hold you responsible for any unauthorized transfers. If unauthorized use occurs before you report it, your liability under federal law depends on how quickly you report the loss. > > **For example, if you report the loss within two business days after you realize your card is missing, you will not be responsible for more than $50 for unauthorized use. However, if you don’t report the loss within two business days after you discover the loss, you could lose up to $500 because of an unauthorized transfer.** You also risk unlimited loss if you fail to report an unauthorized transfer within 60 days after your bank statement containing unauthorized use is mailed to you. That means you could lose all the money in your bank account and the unused portion of your line of credit established for overdrafts. However, for unauthorized transfers involving only your debit card number (not the loss of the card), you are liable only for transfers that occur after 60 days following the mailing of your bank statement containing the unauthorized use and before you report the loss. > > If unauthorized transfers show up on your bank statement, report them to the card issuer as quickly as possible. Once you’ve reported the loss of your ATM or debit card, you cannot be held liable for additional unauthorized transfers that occur after that time. Source: [http://www.ftc.gov/bcp/conline/pubs/credit/atmcard.htm](http://www.ftc.gov/bcp/conline/pubs/credit/atmcard.htm) There’s more go info at the link provided. ---
**Author:** ![DeVena](https://avatars.discourse-cdn.com/v4/letter/d/dec6dc/32.png) [@DeVena](https://boards.straightdope.com/u/DeVena)\ **Post date:** [August 29, 2006, 5:21pm UTC](https://boards.straightdope.com/t/debit-card-theft-help/370677/6 "2006-08-29T17:21:58Z")
DeHusband works for a major bank in their Check Fraud Division. Basically he investigates cases like this and banking fraud. So below is his take on your situation. > [@](#): > > 1. File a police report with your local Police and with the police in the area where the \*crime \* happened. In this case, your home town and Wherever, Mississippi. > 2. Go to the bank and file a fraud report. At this point an affidavit will be required explaining that you didn’t make the fraudulent charges. (Make sure the card has been Hot Carded, or is unable to be used and will flag if someone tries to use it.) > Also, is the Check card VISA or MasterCard? Both have built in protections. > 3. Federally, the limit of his Liability is $50.00 when he reports the crime as soon as possible. (Most banks wave this.) > There is a Fed Reg (read \*\*Duckster’s \*\* post) as to the amount of time a bank has to provide Provisional credit with a charge dispute. Most of the time the law is on your side. > 4. If the Branch refuses to help, elevate the problem to the branch manager, group or area manager, Banking Corp Security, Corp Admin, State Banking Authority, et al. DeHusband also would like to be sure that you aren’t having this trouble with his bank, Regions. If you are, please call toll free to 866 - 452 - 7131 and ask for Jimmy and he’ll help you. ---
**Author:** ![badbadrubberpiggy](https://avatars.discourse-cdn.com/v4/letter/b/57b2e6/32.png) [@badbadrubberpiggy](https://boards.straightdope.com/u/badbadrubberpiggy)\ **Post date:** [August 29, 2006, 5:32pm UTC](https://boards.straightdope.com/t/debit-card-theft-help/370677/7 "2006-08-29T17:32:44Z")
Thanks for the information! Unfortunately, it was just his card number that was taken, not the physical card, so we’re not sure when it was “stolen”. Still, he reported it as soon as we found out about it. Since we made changes to one of our accounts on Saturday at the bank, and the account was fine then, so the charges were made Sunday or yesterday. Anyway, it looks like we’re going to get out of this pretty easily. Husband talked to the store again, and it turns out that the theives bought gift certificates, not actual merchandise. So, there is only a hold on the money in his account, and it’s not actually been debited yet. The store is now cancelling the gift cards, so the money should be available again today. The store has apparently been subject to this kind of scam before - the theives will use a debit or credit card to buy gift cards at one location, then go to a different store location and trade those cards in for cards in larger denominations (I guess it would make it harder to trace), then sell the higher-denomination cards. I’m not happy with our bank right now, though. Since it seems we’re not liable for this regardless of what was purchased, I would think they’d have been a bit more helpful (Hubby’s been dealing with the store on his own). And it is a MasterCard debit card, and we’ve never had any problems with the bank before (it’s not Regions, but thanks **DeVena** )! ---
**Author:** ![Duggy\_Fizzle](https://avatars.discourse-cdn.com/v4/letter/d/bb73d2/32.png) [@Duggy\_Fizzle](https://boards.straightdope.com/u/Duggy_Fizzle)\ **Post date:** [August 29, 2006, 5:48pm UTC](https://boards.straightdope.com/t/debit-card-theft-help/370677/8 "2006-08-29T17:48:14Z")
You say they used the debit card number. But there is a difference if it was used as a credit card or an actual debit card with the PIN. As a credit card, you would only be liable for $50 as others have pointed out, since the store is responsible for determining who is the rightful user (by checking the signature). However, if the card is used as a debit card and the thief uses the PIN to make a purchase, chances are that you are SOL since it was your fault the thief was able to use it. ---
**Author:** ![badbadrubberpiggy](https://avatars.discourse-cdn.com/v4/letter/b/57b2e6/32.png) [@badbadrubberpiggy](https://boards.straightdope.com/u/badbadrubberpiggy)\ **Post date:** [August 29, 2006, 5:50pm UTC](https://boards.straightdope.com/t/debit-card-theft-help/370677/9 "2006-08-29T17:50:30Z")
Wouldn’t they have to have the actual card to use it like a debit card, with the PIN? ---
**Author:** ![Balthisar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/balthisar/32/2825_2.png) [@Balthisar](https://boards.straightdope.com/u/Balthisar)\ **Post date:** [August 29, 2006, 5:54pm UTC](https://boards.straightdope.com/t/debit-card-theft-help/370677/10 "2006-08-29T17:54:28Z")
> [@badbadrubberpiggy](#): > > [T]the theives will use a debit or credit card to buy gift cards at one location, then go to a different store location and trade those cards in for cards in larger denominations (I guess it would make it harder to trace), then sell the higher-denomination cards. Suddenly all of those “$500 Home Depot Gift Card - $450” advertisements on Craig’s List all make sense. :mad: ---
**Author:** ![badbadrubberpiggy](https://avatars.discourse-cdn.com/v4/letter/b/57b2e6/32.png) [@badbadrubberpiggy](https://boards.straightdope.com/u/badbadrubberpiggy)\ **Post date:** [August 29, 2006, 6:08pm UTC](https://boards.straightdope.com/t/debit-card-theft-help/370677/11 "2006-08-29T18:08:49Z")
More details: apparently, it was used as a credit card at a self-checkout aisle. Grrr…at least the bastids didn’t get his PIN. I’m not sure how they would have gotten that, anyway. We’re assuming the number was somehow stolen online, not from the bank directly. That’s what bothers me the most - that we don’t know when or how it was stolen. He uses the card online, but not for all that many things. Generally just [amazon.com](http://amazon.com) purchases, and he doesn’t have a PayPal account, either. Neither of us have actual credit cards, as we didn’t think we needed them right now. After this, we’re both going to get them though. I’d rather have a fraudulent charge on a credit card than have tons of money debited out of my checking account. ---
**Author:** ![Jurph](https://avatars.discourse-cdn.com/v4/letter/j/50afbb/32.png) [@Jurph](https://boards.straightdope.com/u/Jurph)\ **Post date:** [August 29, 2006, 6:26pm UTC](https://boards.straightdope.com/t/debit-card-theft-help/370677/12 "2006-08-29T18:26:36Z")
May I suggest thoroughly checking your PC for spyware and malware? If you have kids, check to see that they haven’t installed any software that shouldn’t be there, especially filesharing utilities (which can be configured to share every file on your hard drive). It’s also possible that you got “swiped” at a restaurant or bar by someone with a card reader, in which case you might never know. The geographic separation from your hometown makes me suspect that the crime was internet-enabled. Good news: it’s an election year! Find out who’s running for office in that town/county, especially offices like attorney general, D.A., chief of police, and other elected officials who need to look “tough on crime.” Explain to their campaign managers what happened to you. Explain that you’ve _also_ spoken to the other side’s campaign managers. Watch the two sides trip all over each other to catch the bastards who did this. 😃 Oh, and Dopers: how is someone charging gift cards to a debit card without having the physical plastic card in their hands? Is it possible that they have taken a dummy card and reprogrammed the magnetic strip? ---
**Author:** ![Baffle](https://avatars.discourse-cdn.com/v4/letter/b/dec6dc/32.png) [@Baffle](https://boards.straightdope.com/u/Baffle)\ **Post date:** [August 29, 2006, 6:37pm UTC](https://boards.straightdope.com/t/debit-card-theft-help/370677/13 "2006-08-29T18:37:29Z")
It’s very possible to install a fake card reader over a real one on an ATM, and a camera to capture the pin. With that information anybody can make and use a fake ATM card. > **[Skimming with ATM Cameras](https://www.snopes.com/fact-check/atm-camera/)** > > Scammers equip ATMs with duplicate card readers and wireless cameras. also, [Lebanese Loop ATM Theft | Snopes.com](http://www.snopes.com/inboxer/scams/atmtheft.htm) ---
**Author:** ![dalej42](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@dalej42](https://boards.straightdope.com/u/dalej42)\ **Post date:** [August 29, 2006, 6:44pm UTC](https://boards.straightdope.com/t/debit-card-theft-help/370677/14 "2006-08-29T18:44:53Z")
It might have been [skimming](http://www.snopes.com/crime/warnings/hotelkey.asp) . This happened to me a couple of years ago. It was a major pain to get the bank to reverse the charges. ---
**Author:** ![badbadrubberpiggy](https://avatars.discourse-cdn.com/v4/letter/b/57b2e6/32.png) [@badbadrubberpiggy](https://boards.straightdope.com/u/badbadrubberpiggy)\ **Post date:** [August 29, 2006, 6:59pm UTC](https://boards.straightdope.com/t/debit-card-theft-help/370677/15 "2006-08-29T18:59:33Z")
> [@Jurph](#): > > Oh, and Dopers: how is someone charging gift cards to a debit card without having the physical plastic card in their hands? Is it possible that they have taken a dummy card and reprogrammed the magnetic strip? This is what my husband said probably happened, which would be why they used the self-checkout instead of going to an actual cashier. The card would look crummy, but it would work as a credit card (speculation, but it makes sense). In our case, we very rarely use the ATM - and when we do, it’s usually my card, not his. Our bank has very few physical locations, so it’s just not convenient. When we need cash, we usually just get cash back with debit purchases. Of course, it really could have come from anywhere, as we do use his card for a lot of restaurant purchase & groceries, etc. We don’t have kids, so nobody else uses our computers but us. There shouldn’t be any spyware or malware on there, as we don’t download much. We’ll probably never actually find out how it got stolen. Grrr… ---
**Author:** ![RachelChristine](https://avatars.discourse-cdn.com/v4/letter/r/7ab992/32.png) [@RachelChristine](https://boards.straightdope.com/u/RachelChristine)\ **Post date:** [August 29, 2006, 7:00pm UTC](https://boards.straightdope.com/t/debit-card-theft-help/370677/16 "2006-08-29T19:00:17Z")
We had a similar situation happen to us once. We still had the card on us, but it was used 3 times for over $3000! Two of the uses were online/phone orders, but one was at a gas station, so I’m not sure how they used it without the physical card. Our bank, PNC, was awesome about it. The only bad thing they did is that when I called the first time, and only $1500 had been taken, they said to give it one day before they could do anything, since the amount hadn’t actually posted yet. And that’s how the thief got to use it twice more. But we were fully reimbursed within a few weeks, and they were very helpful about everything. PNC is the best bank I’ve ever used, and we’ve been with 5 different ones. I really hate that there aren’t any where we live now.