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Old May 17th, 2006, 01:40 PM
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Irish Shark Irish Shark is offline
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Join Date: Nov 2005
Location: Las Vegas, NV
Posts: 2,591

Not true ....

The law says .....

In 2001, the chief national bank regulator, the Office of the Comptroller of the Currency, which regulates all banks with national in their name, warned banks that the burden of proof in a reinvestigation is on the bank to show that a transaction was authorized (in other words, the bank isn't supposed to presume the consumer is guilty, but innoncent, when the consumer claims fraud). Excerpt:

...The OCC is concerned that some banks may be rejecting claims of unauthorized transactions solely because the customer's Automated Teller Machine (ATM) card or debit card and personal identification number (PIN) were used in the transaction, and the customer supplied no information indicating that the card or PIN was misappropriated. These facts alone may be insufficient to establish that a transaction was authorized because fraudulent means may have been used to obtain the customer's account number, card, or PIN. For instance, the customer may have been a victim of "shoulder surfing," a practice used by criminals to obtain account or card numbers or PINs by observing customer transactions. Therefore, banks cannot assume that they have satisfied their duty to investigate simply by concluding that the customer's debit card and PIN were used in the transaction at issue.... OCC, 7 Sept 2001

The institution is generally required to determine whether
an error occurred within 10 business days and report to
the consumer within 3 business days of completing the
investigation. If the institution cannot complete the
investigation within 10 business days, it may take up to
45 days to complete its investigation if it provisionally
credits the account within 10 business days. The
institution has 1 business day after determining that an
error occurred to correct the error. If the institution
finds that no error occurred, it must give the consumer
a written explanation of its findings.

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