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stolen debit card

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stb3222

Guest
I live in the state of Missouri. My husband was in Florida and his debit card would not work. When he returned the bank said it had a faulty strip and issued him another. He at that time asked for a second card for me. They said that would be fine but i needed to sign a paper first. I never had a chance but a week later a second card arrived. My husband and I figured it was my card and I put it in my purse. I never used the card. Then about a month later the bank called my husband saying there were an outregeous amount of charges. So he went up there and we discovered that my card was gone. STOLEN. There is over 1000.00 in charges. The bank said that the card issuer told them that since the card was my husbands and he failed to follow policy by giving it to me that they may not cover all the charges. That doesnt sound correct to me is it? Now as mastercard declines to pay for charges. which are obviously not signed by my husband or myself and 1 of them was signed with another name. The bank is deducting this from my banking account and told me that they couldnt guarentee that this is all the charges or that i wouldnt go into an overdraft. Do i have any choices here? please help
 


JETX

Senior Member
A couple of random thoughts....

1) If you are claiming that you are not responsible since you failed to sign 'the paper', it won't fly. The authorized card holder (your husband) asked for the card, it was issued, it is valid.

2) Do you mean that 'someone' entered your purse and took JUST the debit card. Seems pretty unlikely to me. I would look elsewhere for the card.

3) I don't follow your "since the card was my husbands and he failed to follow policy by giving it to me that they may not cover all the charges.". I thought you said that your husband put the card in your purse, the card was constructively 'given' to you.

4) Your post also says, "which are obviously not signed by my husband or myself and 1 of them was signed with another name". Signatures are not used for debit cards, they use PIN numbers, credit cards use signatures. Where the disputed transactions credit card or debit. If credit, then you have the protection of the law. If debit, then you need to check the policies in place with the card issuer (though there has 'been talk' of applying legal protections to debit cards, I don't think it has been done).

In my opinion, with all the above 'issues', I wonder if we have heard the full version of this issue.
 
S

stb3222

Guest
in this state (missouri) a debit card is taken like a credit card any where mastercard is accepted and has the mastercard logo on the card. they scan it and you sign the receipt. i'm not sure what other actions to take so that my husband and i dont have to pay for someone else's luxury. who do i call?
 

JETX

Senior Member
You still don't seem to understand that Credit Cards (covered by the Fair Credit Billing Act) and Debit Cards (covered by the Electronic Fund Transfer Act) are totally different, both in how they are handled and the protections available to both. This is a FEDERAL law and cannot be modified or altered by "Missouri Law".

To help explain the difference AND what protection each has, you need to read the FTC information at the following website: http://www.ftc.gov/bcp/conline/pubs/credit/atmcard.htm

This site will not only tell you the differences, but what you can do in your case.
 

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