When someone realizes their debit card has been stolen, they typically cancel their card, receive a new one, and avoid significant issues. Unfortunately, some don't realize their card is missing until fraudulent purchases or unauthorized withdrawals have been made. If this has happened to you, keep reading and contact our California unauthorized ATM charges lawyer to learn how we can protect you. Contact R23 Law today.

We are your legal experts for Identity Theft Related Unauthorized ATM Charge Violations

Losing a debit card and discovering unauthorized transactions can be both frustrating and frightening. Fortunately, various statutes provide consumers with recourse. Our firm has extensive experience handling these scenarios, and in many cases, you can resolve the issue on your own.

Steps to Take if Your Debit Card is Lost or Stolen

If your ATM/bank card was lost or stolen, you have two business days after realizing it is missing to contact your bank. Note that this is two business days from when you discovered the card was lost, not from when you actually lost it.

If you find unauthorized ATM charges on your bank statement that do not involve your ATM card, you have 60 calendar days from the date you discovered the charges to notify the bank. If you do so within this timeframe, the bank is required to reimburse all unauthorized withdrawals. It is critical not to miss these deadlines. If your bank disputes your claim of fraud, retaining a seasoned California identity theft lawyer is paramount. We can fight to ensure you are properly reimbursed for any losses.

Exploring Your Legal Options

EFTA – When dealing with unauthorized ATM charges, you have several legal options. Firstly, under the Electronic Fund Transfer Act (EFTA), you are protected against unauthorized transactions. If you report the loss or theft within two business days, your liability is limited to $50. If you report within 60 days, your liability may increase to $500. Beyond 60 days, you risk unlimited liability for any additional unauthorized charges.

Additionally, California's consumer protection laws provide further safeguards. Our legal team at R23 Law can assist you in navigating these regulations to ensure your rights are upheld. We can help you file a formal dispute with your bank, guiding you through the documentation and evidence required to support your claim. If necessary, we can escalate your case to the Consumer Financial Protection Bureau (CFPB) or take legal action against the financial institution to recover your losses.

CITA – The California Identity Theft Act offers additional protections for victims of identity theft. Under this act, victims have the right to sue for damages, including monetary losses and legal fees. The law also allows for the recovery of damages for emotional distress and punitive damages in cases of willful misconduct. We can leverage this act to strengthen your case and ensure you receive comprehensive compensation.

Tort Protections – In some cases, we may also explore the possibility of filing a lawsuit for negligence or breach of fiduciary duty against the bank if they failed to take reasonable measures to protect your account. Our goal is to ensure that you are not held responsible for fraudulent transactions and that you receive full reimbursement for any unauthorized charges.

Contact a California Unauthorized ATM Charges Lawyer Today

Discovering unauthorized ATM charges can be alarming, and it is frustrating when your bank refuses reimbursement. If you find yourself in this situation or are a victim of any other fraud, our firm is here to help. Contact R23 Law today to schedule your free initial consultation and explore your legal options. Our experienced team will work tirelessly to protect your rights and ensure you receive the justice and compensation you deserve.