Can we sue my girlfriend's bank?

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lupi

Lifer
Apr 8, 2001
32,539
260
126
Originally posted by: Marlin1975
So this 1 debit card was your only source of money?

Sorry but that is not their fault. And as long as they are making good, all be it slow, on what they said anylawsuit would probable lose and/or cost more then you even get.

I could say it differently, but pretty much what he said.

A bank isn't going to fix everything in a day, and any charges placed on the card won't have been posted in a day either. Kinda silly to report an account stolen then expect to immediately leave town on a vacation expecting to use just that account.
 

slugg

Diamond Member
Feb 17, 2002
4,722
73
91
Originally posted by: dainthomas
Originally posted by: spidey07
I don't see how, you weren't really harmed in any way. This should also be a lesson, don't rely on just one means of payment when on vacation. If something fishy like that happened to me on friday I would have pulled out a decent chunk of it in travelers checks.

This is what anyone would have done. Why would you pull out NO cash or travelers checks knowing that the account is compromised? ESPECIALLY if you're going out of town the next day? The lack of common sense boggles the mind.

OP should sue himself.

Sue yourself for reading comprehension and flaming plz. Thx. lawlz
 

dud

Diamond Member
Feb 18, 2001
7,635
73
91
OP, you can sue anyone for anything these days ... but I doubt that you would come out any more "whole" when it was over.

 

Insomniator

Diamond Member
Oct 23, 2002
6,294
171
106
lol @ going on vacation with one debit card as your money source


Sue a bank? Yeah... right...
 

Scouzer

Lifer
Jun 3, 2001
10,359
6
0
Are you serious? No CC's? No backups? Are you a total bone head in everything you do?

You fly across the country with only debit cards to fund your whole vacation.


...

I bet you're feeling extra dumb about being an anti credit card elitist right now!
 

BoomerD

No Lifer
Feb 26, 2006
63,394
11,750
136
Originally posted by: slugg
Bank of America, if you were wondering...

And you expected GOOD customer service?

Yet another ticket for the OP on the failboat.
 

dainthomas

Lifer
Dec 7, 2004
14,615
3,467
136
Originally posted by: slugg
Originally posted by: dainthomas
Originally posted by: spidey07
I don't see how, you weren't really harmed in any way. This should also be a lesson, don't rely on just one means of payment when on vacation. If something fishy like that happened to me on friday I would have pulled out a decent chunk of it in travelers checks.

This is what anyone would have done. Why would you pull out NO cash or travelers checks knowing that the account is compromised? ESPECIALLY if you're going out of town the next day? The lack of common sense boggles the mind.

OP should sue himself.

Sue yourself for reading comprehension and flaming plz. Thx. lawlz

So how much cash did you pull out of the account JUST IN CASE the account wasn't canceled that instant? That's right, none. Even if the bank didn't cancel it that second, there could still have easily been pending charges on the account. Since they don't immediately know which are legitimate and which aren't, the smart thing to do would have been to pull out what you needed while at the bank and get it all sorted out later.

But you didn't.

Fail.
 

Aimster

Lifer
Jan 5, 2003
16,129
2
0
I dont get people who use bank cards.. like wtf.
Use a credit card and when the bill comes pay it off with ur bank account online.

Also when u go on vacation have 1 credit card in your wallet and the other somewhere else.
 

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
Originally posted by: Wheezer
LOL...this is why I love ATOT...very rarely is there sympathy.

Oh there's plenty of sympathy. But not when you do incredibly stupid shit. That's when the horde comes.
 

swbsam

Platinum Member
Dec 29, 2007
2,122
0
0
Um, did you really not have any money of your own? Believe me dude - I've been there, so no judgement. But no need to get angry and pissy about it, and to threaten to sue. It sucks to be you right now - work on having money of your own (not just your girlfriend's) and a credit card, for emergencies. put energy into that, not suing a bank for doing nothing wrong
 

BoberFett

Lifer
Oct 9, 1999
37,563
9
81
This is why nobody should use debit cards. If your credit card gets stolen, no biggie, just don't pay the bill until they fix it. If your bank account gets cleaned out through a debit card, you're screwed. The snow ball effect will mean not only are you temporarily inconvenienced, your auto bill pays and other charge will bounce causing hassles with other companies other than your bank. And if my experience is any indication, even though the bank will fix the fraudulent charges, you're going to spend a lot of time convincing them that the overdrafts on legitimate charges that were caused by the fraudulent charges are your problem. Then you're dealing with overdraft fees from the bank, bounced check fees, late payment fees from utilities and mortgage company, and just in general a HUGE ASS MESS.

In short: Credit card stolen = fix it with the credit card company. Debit card stolen = fix it with potentially everyone you've paid within the past several weeks.
 

ViviTheMage

Lifer
Dec 12, 2002
36,190
85
91
madgenius.com
If the bank is fixing what happened, sueing would get you no where.

sucks you do not have any other forms of payment though...get a CC, it helps incase of emergencies like this.
 

erub

Diamond Member
Jun 21, 2000
5,481
0
0
Originally posted by: dainthomas
Originally posted by: spidey07
I don't see how, you weren't really harmed in any way. This should also be a lesson, don't rely on just one means of payment when on vacation. If something fishy like that happened to me on friday I would have pulled out a decent chunk of it in travelers checks.

This is what anyone would have done. Why would you pull out NO cash or travelers checks knowing that the account is compromised? ESPECIALLY if you're going out of town the next day? The lack of common sense boggles the mind.

OP should sue himself.

For the lulz. OP can't believe 2 people don't have a single CC, or other source of funds. I carry 5 in my own wallet.
 

slugg

Diamond Member
Feb 17, 2002
4,722
73
91
Okay well we checked the agreement and it very clearly states that her account should be reinstated within the next business day for ALL fraudulent activity, guaranteed.

So are we still stupid?
 

LTC8K6

Lifer
Mar 10, 2004
28,520
1,575
126
A normal debit card requires a PIN number for all transactions and is safer.

This must have been a Visa or MC debit card, which does not require a PIN for all transactions, and is quite dangerous to have, IMO.

The folks in the OP should have realized that the account would be tied up for a while and they should not have relied on it.
 

Modelworks

Lifer
Feb 22, 2007
16,240
7
76
I do see one problem. When the bank said the card was canceled that is supposed to take effect in minutes, not a few days.
The problem would be proving when you called them the first time and told them the card was stolen.



Many people do not have multiple credit cards or travelers checks.
 

slugg

Diamond Member
Feb 17, 2002
4,722
73
91
Originally posted by: Modelworks
I do see one problem. When the bank said the card was canceled that is supposed to take effect in minutes, not a few days.
The problem would be proving when you called them the first time and told them the card was stolen.



Many people do not have multiple credit cards or travelers checks.

They actually called HER. Not only that, but they have a complete record of all the calls. And of course, so do we.

Edit: the reason why they called her is because she wasn't at home when the first bit of fraudulent charges were happening, so she hadn't discovered that her card was stolen yet. Bank of America found suspicious activity, then called her.
 

Modelworks

Lifer
Feb 22, 2007
16,240
7
76
Originally posted by: slugg
Originally posted by: Modelworks
I do see one problem. When the bank said the card was canceled that is supposed to take effect in minutes, not a few days.
The problem would be proving when you called them the first time and told them the card was stolen.



Many people do not have multiple credit cards or travelers checks.

They actually called HER. Not only that, but they have a complete record of all the calls. And of course, so do we.

Then I would definitely complain to the bank manager. Don't deal with customer service.
It is in the banks best interest to cancel a card as soon as possible as they have to pay for anything over $50. I would want someone to explain how it took days to cancel the card.

This is the federal law on stolen cards:
Your maximum liability under federal law for unauthorized use of your credit card is $50. If you report the loss before your credit cards are used, the FCBA says the card issuer cannot hold you responsible for any unauthorized charges. If a thief uses your cards before you report them missing, the most you will owe for unauthorized charges is $50 per card. Also, if the loss involves your credit card number, but not the card itself, you have no liability for unauthorized use.
 

Fritzo

Lifer
Jan 3, 2001
41,892
2,135
126
Originally posted by: BoberFett
This is why nobody should use debit cards. If your credit card gets stolen, no biggie, just don't pay the bill until they fix it. If your bank account gets cleaned out through a debit card, you're screwed. The snow ball effect will mean not only are you temporarily inconvenienced, your auto bill pays and other charge will bounce causing hassles with other companies other than your bank. And if my experience is any indication, even though the bank will fix the fraudulent charges, you're going to spend a lot of time convincing them that the overdrafts on legitimate charges that were caused by the fraudulent charges are your problem. Then you're dealing with overdraft fees from the bank, bounced check fees, late payment fees from utilities and mortgage company, and just in general a HUGE ASS MESS.

In short: Credit card stolen = fix it with the credit card company. Debit card stolen = fix it with potentially everyone you've paid within the past several weeks.

Not true- a debit card is backed by Visa or MC. It's almost the exact same process of getting a CC taken care of as it is with a debit card. The difference is the debit card affects your liquid cash, which can be a problem if you live out of your checking account.
 
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