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Credit one bank in order to process a claim by me that two…

Customer Question
Credit one bank in...

Credit one bank in order to process a claim by me that two charges each for about $88 were not authorized by me...need a copy of an Identity Theft Report... Under the FACT act I do not believe that is necessary insomuch as there was a) no Application Fraud..as defined under the Act nor b) No Account takeover. In using my ccard number there was no attempt to open an account in my name...nor did the fraudster "pose as a genuine customer in order to gain control ....of an account. In my opinion this is a cheap attempt by the issuing bank to be able to avoid investigation of this c card abuse." What is your opinion please.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

AZ but the bank is alluding to the FACT act to support their claim

Lawyer's Assistant: What steps have you taken so far?

Reported the unauthorized charges to the bank..which closed the acct and opened a new one.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No my claim is that this action by a thief does not trigger any part of the Act.

Submitted: 7 months ago.Category: Consumer Protection Law
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Customer reply replied 7 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 7 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
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12/21/2017
Consumer Protection Lawyer: Dwayne B., Lawyer replied 7 months ago
Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 34,389
Experience: Practicing for over 20 years and handled many cases and trials for consumers.
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Consumer Protection Lawyer: Dwayne B., Lawyer replied 7 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

While waiting for a response, please do not keep asking questions, such as "Are you there", etc. since that can erase whatever I am writing and also interrupts the thought process. I will be back with you as soon as I can do any research necessary, formulate a response, and type it in.

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Consumer Protection Lawyer: Dwayne B., Lawyer replied 7 months ago

I see no one has picked up on your question. I don't take part in the telephone program or the Additional Services program, would you like for me to try and assist you in this format?

If so, with what specific question can I assist?

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Consumer Protection Lawyer: Dwayne B., Lawyer replied 7 months ago

The only question I see is "what is your opinion"? I am glad to give my opinion to you, but before I do so I need to make sure you understand that the experts here can only provide the law and our opinion on what the law is. Sometimes customers get upset when we disagree with them or when we provide law that is "not what they wanted to hear". I also want to make sure that you understand that the law may not be in your favor and that you will agree to rate me on my professionalism and service, and not whether the law is in your favor or not.

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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.

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