Consumer Protection Law

Consumer Protection Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Consumer Protection Law
This answer was rated:

Someone stole my debit card number, not the card, and made

five charges. My bank charge...
Someone stole my debit card number, not the card, and made five charges. My bank charge me for those transactions in total just over US$500.00. I caught it in time and the bank had canceled my old card and issued a replacement.

In the mean time, I am asked to fill out a notarized "affidavit of unauthorized use" in detail. Meaning that I had to prove to them that a fraud had occurred and that they will be nice to assist me in proving it.

I ask them why don't you produce the paper with my signature authorizing the transaction, which I know it did not happen, or produce the computer record showing the correct pin number had been entered if the card was used as a debit card.

They told me it doesn't work that way.

My simply question is "Do I have legal ground to demand that 'the bank produce evidence that I authorized the transaction or credit my account.'"?

This falls into the category of "Consumer Rights".

Sincerely,
Pu, WeiTa
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 25 minutes by:
11/10/2009
socrateaser
socrateaser, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 39,346
Experience: Retired (mostly)
Verified

Under Title 12 CFR §205.6 (Federal Reserve Regulation E), a consumer has two business days to notify the bank of an unauthorized transaction, and if accomplished, the consumer is only liable for the first $50 of losses. Notification by the consumer after two business days makes the consumer liable for the first $500 of loss.

 

Hope this helps.

 

Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

Ask Your Own Consumer Protection Law Question
Customer reply replied 8 years ago
That wasn't what I asked.
Customer reply replied 8 years ago
Allow me to rephrase.
Why can't I demand that the bank produce evidence, my signature, e.g., proving that I authorized the transactions, without which they shouldn't have legal ground to debit my account.
Instead, I have to prove, with notarized paper work, that I am not the crook.
I understand no one is going to initiate a law suit, not my intent here, for a US$500+ case. But if I did, do I have legal grounds to win?

Simply put, Mr. Bank, produce my signature or give my money back!

I have the eery feeling that I will lose. If I could win, why is there not a class action law suit protecting consumers? That's two questions. Don't have to answer the 2nd one.

In order to demand such evidence, you must sue the bank. Then you can require that the bank produce the evidence under the tools of discovery.

 

You could sue the bank for negligence, but you will have to prove that the bank failed to use ordinary care in the relase of the funds. Unfortunately, if the funds were stolen from your account, then no amount of ordinary care would have prevented the theft. Which means that you would lose the lawsuit.

 

The banks are heavily protected by federal law. It's nearly impossible to hold them liable for anything. If you're wondering why, my opinion is that the banks control the government, and have for the past century. Whatever banks want -- they generally get.

 

Nothing short of a second American Revolution is likely to change that reality.

socrateaser
socrateaser, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 39,346
Experience: Retired (mostly)
Verified
socrateaser and 87 other Consumer Protection Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 years ago
Unfortunately, that's what I suspected. Capitalism has indeed hijacked democracy.
Thank you.
Pu, WeiTa
You're welcome and good luck.
Ask Your Own Consumer Protection Law Question
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 39,346
39,346 Satisfied Customers
Experience: Retired (mostly)

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

6,900 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,415 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,595 satisfied customers

Attorney,17 years experience in consumer protection areas

Tina

Tina

Lawyer

1,587 satisfied customers

17 years legal experience including consumer protection law.

P. Simmons

P. Simmons

Lawyer

1,173 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

578 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Consumer Protection Law Questions
I believe that online trading academy is scamming me, can't
I believe that online trading academy is scamming me, can't talk to my mentor has never returned my calls & we are still having to pay them. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I just received a call from a debt collector in my city.
I just received a call from a debt collector in my city. They're stating their about to sue for a credit card debt from 2010. They said they purchased the debt from an collection agency and were reque… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I am having issues with a new car that's at a dealership and
I am having issues with a new car that's at a dealership and they cannot identify the issue.… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Dominican Republic Consumer Protection Law Question. I
Dominican Republic Consumer Protection Law Question. I purchased a timeshare in DR. The place is great, but...it seems to be turning into a ponsey scheme. As they sell to "new" members with a higher a… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
GDS collection agency has been calling me reporting that I
GDS collection agency has been calling me reporting that I owe money from an old credit card from 2008? Is that possible. Nothing shows on my credit reports … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I have been served an order to appear for examination on a
I have been served an order to appear for examination on a judgment.I only have a few small bank accounts in my name (and husband) in which I keep under $200 each. I am not employed. I am an artist an… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
A family member purchased a used Subaru from a small used
Hello a family member purchased a used Subaru from a small used dealership & within a week there was problems so the car was taken back to the dealership. They let us purchase a 2nd vehicle & the amou… read more
LegalGems
LegalGems
Juris Doctorate
10,153 satisfied customers
I bought a classic car that was misrepresented (documented)
I bought a classic car that was misrepresented (documented) from a dealer in Albany NY and I need to sue. What type of a lawyer should I be looking for?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I bought a used car from a GMC dealer in October 2016. It
I bought a used car from a GMC dealer in October 2016. It came with a 2 year warranty. I only had it for under 6 months when I started noticing that it was burning oil. At approximately 3,000 miles, t… read more
LegalGems
LegalGems
Juris Doctorate
10,153 satisfied customers
I am in California and was continually solicited by mail by
I am in California and was continually solicited by mail by a company calling themselves "The Advocacy for Consumer Rights" in 2014 regarding a mortgage fraud issue that this company explained I had a… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,961 satisfied customers
I was told that I had won a prize worth a lot of money. But
I was told that I had won a prize worth a lot of money. But they want me to go to Walmart and send a money gram to the federal trade commission to claim my prize. They said this money was sent from Wa… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I had a "supposedly" call a me today, saying I owe $700,
I had a "supposedly" call a me today, saying I owe $700, they told me that they are a mediation service, working on behalf of the dead collector, supposedly this is a payday loan, they couldn't tell m… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
If a car dealership in MA sell a car without being in
Hi, if a car dealership in MA sell a car without being in position of its Title at that time, committing a crime? This is the scenario: customer from out of state buys a car from this dealership in Bo… read more
LegalGems
LegalGems
Juris Doctorate
10,153 satisfied customers
Bought 2009 bmw used from dealership, no warranty, but since
bought 2009 bmw used from dealership, no warranty, but since I've driven off the lot, 16months ago, I've brought the vehicle in for faulty engine issues and have spent thousands on a car that no deale… read more
Michael Gonzalez
Michael Gonzalez
JD
518 satisfied customers
ADT never installed the outside camera that we needed when
ADT never installed the outside camera that we needed when we went away. I cancelled the service but they are charging me for the remaining months of the contract… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
What can you tell me about Allstate Management Group, Inc?
What can you tell me about Allstate Management Group, Inc? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
It's pertaining to consumer rights. I purchased a car mid
I purchased a car mid August at a dealership in Venice, FL. They had let me leave with the vehicle and everything after I signed the contract thinking the vehicle was mine. Turns out the salesman lied to the bank about my work history, when I gave accurate information on my initial application. Well, he began harassing me about getting on my managers to lie to the bank. I felt my job might be jeopardized, so I made the decision to return the car as the loan had not gone through. I paid 50 dollars to detail the car before returning it. In the 3 weeks I had the vehicle I had put 1500 miles on it. My down deposit on this vehicle was 2k dollars. Well, I returned the car early September and still have not received my refund for the deposit. They send me a copy of a check that was written on September 30th, but every time I call the corporate office to check its status they transfer me to all of the dealerships, and I never get a direct answer. I'm wondering if this is legal for them to do. … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,195 satisfied customers
I have been contacted by the advocacy for consumer rights
i have been contacted by the advocacy for consumer rights who say i have a valid government claim against bank i got a redetor loan from and that they have 7 titles that the bank/lender violated … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x