I was involved in a scam w/ my debit card. They guy works for TD bank and told me that there was a money transfer program they were starting and I could make up to $800 if I signed up. I'm a freshman in college and all I was thinking about was paying off my tuition, so being dumb and naive, I gave him my card & pin. What he really did was deposit a check for $1,875 from a CLOSED ACCT into my account, then took out half of the money and went shopping. AND he forged my name on the check. Now, my acct is -$770 and the bank wants me to pay back the $1000+ that I don't have. I told them about the scam but I know that the money has to be paid. What will the scammer's consequences be if I file a police report? And what should I do ?
The signature he forged looks NOTHING like my signature. I have a hyphenated last name and I always sign with both names. He only signed with one... could the bank be liable for this ?
Criminal Defense Attorney
If you know this person and he does work for the bank, report him to the police immediately. Since you did report it to the bank, I don't see hue you are responsible for the over draft and in fact you should demand the full amount from the bank. You should also consult with an attorney to explore your options further.
I agree with counsel. You should not be liable for the fraud. Report it to the police
Kazerouni Law Group, APC is a law firm concentrating its efforts in the area of consumer law, the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”), and California's Rosenthal Fair Debt Collection Practices Act, California Civil Code §§ 1788-1788.32 ("Rosenthal Act"). Our lawyers are specially trained in the Federal FDCPA, Consumer Defense, and other consumer related matters. Our goal is to protect you against unfair, deceptive and abusive debt collection practices. Creditors, professional debt collectors, and attorneys who violate the law are subject to paying damages, statutory penalties, and the consumer's attorneys fees and costs. If you feel you have been abused, deceived or treated unfairly, you may need a lawyer. We can be reached at 800-400-6808, or through one of the evaluation forms on this or at our own website at www.kazlg.com. The information provided on this website is for informational purposes only and should not be construed as legal advice or as forming an attorney-client relationship. No attorney-client relationship between the reader and Abbas Kazerounian has been formed. If you are in the State of California and would be interested in a formal free consultation either visit Kazerouni Law Group, APC website at www.kazlg.com or call me toll free at 800-400-6808.
Debt Settlement Attorney
A person who believes funds were electronically and without authorization removed from a bank account should file a police report and provide all known information to conduct a reasonable investigation.
When an "access device," such as a debit card is used, the Electronic Funds Transfer Act (EFTA), 15 U.S.C. § 1693, et seq., and Federal Reserve Regulation E (Reg. E), 12 C.F.R. § 205.1, et seq., define a consumer's rights and obligations. Both are linked below. (The cites may not reflect the latest amendments.) The law and regulations are complicated, so the Federal Reserve has tried to simplify them with a non-binding handbook also linked below. Page 12 describes the deadlines to serve written notice upon a bank to assert rights under the EFTA and Reg. E.
A person MUST assert his or her rights in writing verifiable through certified/return receipt requested mail. Telephone calls, faxes, email, bank websites, etc. do NOT fully preserve rights.
Ultimately, when small amounts of money are the object of bank account scams, it may be cost prohibitive to use the courts. Good self-help and self advocacy can be used to convince a bank's fraud department that it should bear the burden of someone else's alleged fraud.
Disclaimer: Nothing stated herein is legal advice. For legal advice, consult an attorney; I am not your attorney at this time. This response may constitute ATTORNEY ADVERTISING which has not been approved by the Supreme Courts of New Jersey or Pennsylvania or the Court of Appeals of Maryland. I am a federally-designated “debt relief agency” that provides, where appropriate, relief under the U.S. Bankruptcy Code.