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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4827
Experience:  Experienced in both state and federal court.
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Iam victim of identity theft and the theft somehow got my

Customer Question

Iam victim of identity theft and the theft somehow got my PIN and with drew money from my account. I reprted problemwithin the time limits the bank refuses refund because a PIN number was to make the withdrwall Is the bank required to replace the money that was stolen
JA: Has a request been made in writing to seek a refund?
Customer: yes
JA: Has anything been filed or reported?
Customer: Police repots, the cedit bureaus and Discover because the person opned a credit line took all of the proceeds. Discorty has written letter sayin I an no liable
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 10 months ago.
Category: Legal
Expert:  Chris T., JD replied 10 months ago.

Hello. I'll be happy to assist you.
What bank are you using?

Customer: replied 10 months ago.
carver federal savings
Customer: replied 10 months ago.
whats going on
Expert:  Chris T., JD replied 10 months ago.

OK. Under federal law, the bank is responsible to refund the money UNLESS the customer acted fraudulently, or grossly negligent. So, the question then comes down to how the thief got your PIN. Banks have taken the position that if you write your PIN down or store it somewhere that's accessed by the thief, that is grossly negligent behavior on the part of the customer, and they would not be responsible for the loss. So, the question comes down to the specific facts in your situation. Was your PIN written down and stolen? Was it taken as part of a large data breach that included PINs? In other words, how your PIN got out there is the ultimate question.

Expert:  Chris T., JD replied 10 months ago.

Do you have any questions? If so, feel free to ask. If not, please remember to "Rate" my answer before you go.

Customer: replied 10 months ago.
Chris T was very good and responded very quickly. The response should be highly rated.