UPDATE: so the girl heard back from target today and they are holding her responsible for the transaction saying that because her card and pin were used she is accountable for it. upon asking her if she ever called buffalo PD to file a report she told me she never did…WTF so she said she is going to call and complain saying she was at work when it happened which she was but I informed her that she is better off just paying it and learning a good lesson
I bet they have something in the user agreement that says you can’t keep the pin number in writing.
there is also a time frame you have to file a police report/report it stolen otherwise you are responsible for it
my parents thought that in NY state if u report something that if fraud then you are only responisble for $50 of it also they mailed her an affidavid and she recieved it on the 7th and she mailed it back on the 8th and they letter she got saying she was 100% responsible was dated the 9th… sp they did no investigation what so ever so her and her mother were calling to bitch today and i guess conatacting the attorney generals office to see if that $50 thing is true
:picard: they said it’s not fraud so even if the $50 thing is true it does not apply. they did an investigation and the fact that the person used the pin is probably why they don’t believe her. who keeps their pin in their wallet. and if that’s not enough she didn’t file a report with the police…
Stolen cards
When a credit card is lost or stolen, it remains usable until the holder notifies the bank that the card is lost. Most banks have toll-free telephone numbers with 24-hour support to encourage prompt reporting. Still, it is possible for a thief to make unauthorized purchases on that card up until the card is cancelled. In the absence of other security measures, a thief could potentially purchase thousands of dollars in merchandise or services before the card holder or the bank realize that the card is in the wrong hands.
In the United States, federal law limits the liability of card holders to $50 in the event of theft, regardless of the amount charged on the card. In practice, however, many banks will waive even this small payment and simply remove the fraudulent charges from the customer’s account if the customer signs an affidavit confirming that the charges are indeed fraudulent. Other countries generally have similar laws aimed at protecting consumers from physical theft of the card.
The only common security measure on all cards is a signature panel, but signatures are relatively easy to forge. Many merchants will demand to see a picture ID, such as a driver’s license, to verify the identity of the purchaser, and some credit cards include the holder’s picture on the card itself. However, the card holder has a right to refuse to show additional verification, and asking for such verification may be a violation of the merchant’s agreement with the credit card companies. Self-serve payment systems (gas stations, kiosks, etc.) are common targets for stolen cards, as there is no way to verify the card holder’s identity. A common countermeasure is to require the user to key in some identifying information, such as the user’s ZIP or postal code. This method may deter casual theft of a card found alone, but if the card holder’s wallet is stolen, it may be trivial for the thief to deduce the information by looking at other items in the wallet. For instance, a U.S. driver license commonly has the holder’s home address and ZIP code printed on it.
Banks have a number of countermeasures at the network level, including sophisticated real-time analysis that can estimate the probability of fraud based on a number of factors. For example, a large transaction occurring a great distance from the card holder’s home might be flagged as suspicious. The merchant may be instructed to call the bank for verification, to decline the transaction, or even to hold the card and refuse to return it to the customer.
Haha justice wins
Accoring to this she is only liable for $50 so how can they make her pay the full amount??? How could she or the target people get a picture from the atm of the person who used it? im assuming she would need a police report for it.
OK another update… my mom just informed me that bascially because the person took a Cash Advance on the card and didnt actually charge anthing from a store, she believes that my girlfriend is bascially screwed and that the $50 law doesnt apply…
the point is you have a dumb broad. If my girlfriend left her pin in her wallet. I would throw the bitch down the stairs.She is dumb to have the pin in the first place as that implys she would be cash advancing a credit card. There is insane interest on cash advances.
only if it’s fraud… and since the pin was used and no police report was filed there’s a good chance it’s game over. I believe you in a personal sense that it was fraud, but in a legal sense I don’t.
what’s to stop me from going out and using my debit card + pin and then claiming fraud so I don’t have to pay? I bet you’ll find the card agreement says you can’t keep your pin in writing.