Can a bank prosecute an unauthorized user of debit card?

[vikasintl]

What is the name of your state (only U.S. law)? One of my relatives used her mother's debit card and bank blocked the access saying that she is not authorized to use her mother's debit card.
My relative, she didn't sign any transaction, she used pin only.
And actually her mother is 75 years old and she wants her daughter to use her account.So she has given permission to her daughter.
Now my question is bank can prosecute my relative (who user her mother's debit card with her permission)
Or they can prosecute only if her mother make an official complaint about misuse of her debit card?

 

[Antigone*]

What is the name of your state (only U.S. law)? One of my relatives used her mother's debit card and bank blocked the access saying that she is not authorized to use her mother's debit card.
My relative, she didn't sign any transaction, she used pin only.
And actually her mother is 75 years old and she wants her daughter to use her account.So she has given permission to her daughter.
Now my question is bank can prosecute my relative (who user her mother's debit card with her permission)
Or they can prosecute only if her mother make an official complaint about misuse of her debit card?

If the bank is not taking a loss they probably won't even bat an eye. They might however, ask her mother to close her account, since she has violated the terms of her banking agreement.

Since she is willing to give out her PIN number, she is a risk to the bank. I'd close her out in a heart beat.

 

[vikasintl]

is my relative still be prosecuted by bank after her mother close the account?

If the bank is not taking a loss they probably won't even bat an eye. They might however, ask her mother to close her account, since she has violated the terms of her banking agreement.

Since she is willing to give out her PIN number, she is a risk to the bank. I'd close her out in a heart beat.

Bank is not at all at loss, because my relative and her mother have no conflict about money at all .i.e her mother has not complained at all.

You are right bank is preferring that her mother close the account and they are ready to close the account.
But you said this is a violation of banking agreement and the penalty is closing the account but can it be a legal prosecution either against her mother or her?(unauthorized user of debit card)




Please advice.

 

[Mass_Shyster]

can it be a legal prosecution either against her mother or her?(unauthorized user of debit card)

The bank does not prosecute criminal cases. All a bank can do file a complaint. It would be up to the District Attorney to prosecute. I can't imagine a District Attorney prosecuting a case where there was no loss and no unauthorized use of the card. All you have is a violation of an agreement.

Bank could sue for breach of contract, but where there are no damages, it wouldn't go far.

 

[Antigone*]

Bank is not at all at loss, because my relative and her mother have no conflict about money at all .i.e her mother has not complained at all.

You are right bank is preferring that her mother close the account and they are ready to close the account.
But you said this is a violation of banking agreement and the penalty is closing the account but can it be a legal prosecution either against her mother or her?(unauthorized user of debit card)




Please advice.

No prosecution coming her way. Think about it, she is a guppy in the ocean of big fish.

 

[vikasintl]

Who has breached the contract?

The bank does not prosecute criminal cases. All a bank can do file a complaint. It would be up to the District Attorney to prosecute. I can't imagine a District Attorney prosecuting a case where there was no loss and no unauthorized use of the card. All you have is a violation of an agreement.

Bank could sue for breach of contract, but where there are no damages, it wouldn't go far.

You said bank could sue for breach of contract ...who has breached the contract in this case? her mother who has an account with that bank or the daughter who has used her mothers debit card?
Bank if they want will sue the mother or the daughter?