I'm sorry to hear you've fallen victim to an identity theft. Credit cards limit your exposure to unauthorized charges in excess of $50.00 when timely disputed. Debit cards aren't always subject to the same benefit. The best place to find out what protections are available to you with respect to your debit card are in the written agreement with the bank.
I will be posting about this topic on our firm Facebook page in the coming days (to follow us, go to: www.facebook.com/OhioConsumerHelp).
Also, if you haven't done so, I would suggest filing a police report. Provide a copy to the bank in support of your position. As their customer, they may be willing to work with you notwithstanding the language of the agreement.
If you get the agreement and still uncertain of what's protected and what's not, consult an attorney in your area to help understand the fine print. Good luck to you. I wish you a speedy resolution!
NOTE: This Answer does not constitute legal advice. Every case is fact specific. To render a legal opinion, an attorney must engage in a consultation with a prospective client and review any pertinent documents. This communication does not create an attorney-client relationship with Attorney Amy L. Wells or WELLS LAW OFFICE, INC.
Your liability for unauthorized charges depends on whether the thief personally presented your card to make the purchase, or made the purchase over the Internet or by phone.
If the thief personally presents your card to make the purchase, the card issuer cannot hold you liable for more than $50 in fraudulent charges. Many card issuers waive this $50.
If the thief uses your card by phone or the Internet, you have no liability.
In either of the above situations, however, it's important to notify the card issuer as soon as you know of the theft. If you wait, the creditor may not believe that the card was really lost or stolen
The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.