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Can an email count as 'notify in writing'?

Seattle, WA |

I am a victim of identity theft, I notified Chase of the identify theft using their 'customer contact' form on their company website. I got a reply from them that the fraud department woudl contact me. They did, I reported (on the phone with them on a presumably recorded call) that several checks were fraudulent. Months later I pulled all check records and found an additional 15 checks (the theives created their own checks) that were fraudulent. Chase refuses to pay on the grounds that i did not notify them 'in writing'. Are there cases where an email that was confirmed has been considered 'in writing' or would I have actually had to send them a piece of paper in the mail?

The ID theft was from stolen checks on a Home Equity Line of Credit account. I did notify equifax and other agencies at the same time. I kept a logbook but Chase has deleted my original email so I only have the reply with the title of the notification but not the actual message. I do have their response from a few days later notifying me that my account had been locked. Chase refuses to send me a record of my contacts with the company or my customer file from that time period. The total amount of disputed checks is about $1,800. Thanks all in advance for your help with this.

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Attorney answers 1


I would argue that you did notify them in writing and in a manner they promoted. I would send a certified letter now just to be safe, but I would reference in my letter my prior notification efforts and verbal contacts with the fraud dept.

Disclaimer: I am not offering legal advice, assume I do not know the law in your state and that I am just making suggestions for starting points for when you do speak with an attorney. Do NOT rely on anything I write and contact a lawyer in your area immediately after reading my posting.

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