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Category: Consumer Protection Law
Satisfied Customers: 4633
Experience:  23 Years as attorney, licensed NY and FL. Former US ATTY.
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Chase Bank turned off my debit card on Friday night due to

Resolved Question:

Chase Bank turned off my debit card on Friday night due to a third party report that my account number has been compromised. Although their general policy is to notify an account holder when this occurs, Chase did not because they received their "third party compromise" report after 9 PM on Friday night. Chase doesn't retroactively call account holders the next day. Chase will not disclose what outside source reported my card compromised - just an external third party. I called in three times to find out why my card did not work and I was told different stories about computer systems being upgraded, computer glitch, finally on Sunday afternoon - that my card was blocked. I have two business accounts and one personal account with Chase bank, all with high balances.

My business model operates outside normal business hours, early morning and late evening especially on weekends, and we pay our workers cash - most don't have bank accounts. Access to cash through my debit card is critical for my business and Chase had previously increased our debit limit from $300 to $1000 a day. We provide hot air balloon rides (not what you might have been thinking). Moreover, I suffered professional embarrassement during a very important fundraiser on Sunday when I finally learned that my debit card was blocked by Chase. Chase's response is that I could have paid my worker's by check and/or brought my check book to the fundraiser. It is not Chase's prerogative to tell me how I have to pay my workers, nor did they notify me of the issue so that I knew to bring my checkbook.

On Monday, I withdrew cash and drove to my workers locations in Temecula, Murrieta and San Diego to pay them for their weekend work. I also have to change all the electronic automatic withdraw accounts set up for our business debit card once I get a new debit card. I have spent over $100 in gas alone, not to mention a full day of my time and energy and professional embarrassment. My billable rate is normally $200 per hour. I asked the bank to either disclose the specific source that reported my account compromised (either a merchant or law enforcement agency) or reimburse me $100 for the inconvenience. They have refused to do either.

Do I have a realistic small claims claim against Chase Bank and if I were to sue Chase bank from Temecula, CA - where would I need to send service.

Denni Barrett
Magical Adventure Balloon Rides
Submitted: 5 years ago.
Category: Consumer Protection Law
Expert:  FLACORPLAWYER replied 5 years ago.


You do not have a case. Chase owns the card and has the right to take security measures to protect the money in the account. Even if we assume they were wrong, the things you want compensation for, your gas, time, embarassment, are what is known as "incidental and consequestial damages" and are not recoverable under California law unless Chase agreed in writing to be liable for them, which I can assure you they did not. Divide your funds between two or three banks.

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