I’ve written before about the rights you have when you have been the victim of identity theft, and here is another case that illustrates why consumer rights under the Electronic Fund Transfers Act are so important. Like many of my clients, Mrs. Dean was dependent on her child support funds to make ends meet. Her child support funds were transmitted to her by being deposited into a Go Program debit card account. They issue the “Way2Go” debit card, which is administered by Conduent with funds held at Comerica Bank.
Now, I’ve sued Comerica Bank several times, but usually in cases involving their Direct Express debit card, which is typically used by people who receive federal Social Security benefits. But the Way2Go card was new to me: I hadn’t even heard of it until Mrs. Dean came to my office and told me about it. But since it is a debit card, your rights when you’ve been the victim of identity theft are the same: if you dispute the unauthorized charges within 2 days of discovering the theft, then you cannot be held liable for more than $50 of unauthorized charges. Or sometimes even less than that. My client was very proactive. She telephoned the bank as soon as she discovered the unauthorized charges.
Unfortunately, however, the bank did not handle her dispute properly. Despite her repeated protests and the fact that the unauthorized withdrawal was very unusual and out-of-line with her normal spending habits, the bank just ignored her disputes. They had her fill out a fraud questionnaire, which she promptly did and returned to them. It didn’t help. They refused to refund her money. They didn’t even explain why.
Under the Electronic Fund Transfers Act, if you dispute an unauthorized charge, the bank has to refund your money within 10 days. If they can’t refund your money within 10 days, they have to provisionally recredit your account while they conduct their investigation. What does that mean? Basically, they have to put the money back into your account until they’ve made a final determination about your dispute. If they ultimately determine that no fraud occurred, they can take the disputed money back out of your account.
Well, in this case, they neither provisionally recredited her account nor returned the money. So we sued them in federal court for a full refund, treble damages (meaning three times the amount of money that was taken), plus court costs and attorneys’ fees.
Not only are we suing Comerica Bank for its wrongful denial of her disputes, but we also intend to obtain all the evidence we can about the unauthorized charges. See, if we can figure out who the identity thief was, then we can sue them for violating the Alabama Consumer Identity Protection Act. That is Alabama’s Identity Theft statute. It says that if you commit an act of identity theft, you are liable for whatever damages caused, or a minimum of $5,000 per act of identity theft plus costs and attorneys’ fees.
We are very confident that we can prove that the charges were indeed unauthorized, and we hope that we can discover the identity of her thief, so we can take legal action against them as well. I hate seeing thieves get away, and I’ve sued identity thieves before. I’ll keep ya’ll posted as to how this case turns out.
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Please help !e as I have been a victim of the Go Program and can’ get anywhere wit them! Filed fraud report on 2/05/2021 and ave not received a dime baxk!
Oh my Gosh, me too! They had me fill out all the papers for fraud. Then just denied me stating there were discrepancies. They said we’ve closed the investigation. And no more can be done. That was last year. I had so many charges all from overseas, China, Gibraltar, Pakistan… all within moments of each other.. I had been not using my card, because I was getting so little child support to begin with. Right before my son was to start back to school, he needed shoes. THIS is when I saw I had no money. I begged the way2go folks. They were all just horrible to me, like it was my fault. I’m a struggling single mom. Saving every cent. And they make it out to be my fault? I always had the card with me and never shared my pin with anyone. Yet it’s my fault. I’m glad to see that something can be done. I’m just afraid it’s been too much time for me to go back and go after my sons money. Anyone know how much time can go by before they are no longer responsible for the funds they didn’t keep safe?
Generally, you have 60 days after they send your monthly statement showing the unauthorized charges. Reg. E 1005.11(b).
Unlike with credit cards, “notice” of the error can be sent by telephone as well as in writing. I always recommend a written letter, obviously, because it leaves a record of proof that you told the bank about the bogus charges.
So if you told them about the fraud within 60 days of the statements where the fraudulent transactions were recorded, then you should still be able to get your money back. You can call my office if you need help with this.
Correction to my previous comments I have been a victim of the goat cards call America fraud Thousands of dollars have been taken out of my account illegally.The embarrassment ans distress since February 5 of 2021 has taken it’s toll on my health and welfare. I have called so many times and spent so many hours trying to get information on what they are doing. To date they have done nothing! Need assistance!
Micci,
You can call my office if you want to discuss this. JEC
Me too.. They are criminals.
Were you successful? We have been disputing claims since mid February. The card was used in Alabama legally and then in NJ or PA on the same day. They said they had 45 to 90 days to review. We are talking about $3,7000 total. There were 24 fraudulent charges and 21 were at a WAWA(convenience store)
Yes, we were able to recover her money and then some. Call my office and we can discuss how to proceed. 251.272.9148.
My dispute been going on since june and they finally closed my case in my favor and I only got $65.04 when the dispute was $740.54
That doesn’t sound very much in your favor. Give my office a call and we can discuss your rights. 251.272.9148.
Well that is not what should have happened. If the charges were fraudulent, then they should have given you back all of your money. Why did they say the rest of the charges were authorized? Did they give a reason?
I filed a dispute back in March of unauthorized charges to my Go Program card and the dispute was filed the same day I notice the charges. They failed to block my card and there were still charges made on my account. They finally closed the case in September. And I never received my $3,789.00. Please if you can help or refer me to an attorney you in Atlanta Ga? Thanks.
Ciara,
I can help you. Call my office at 251.272.9148.
Do you cover any state?
For cases against Comerica Bank, I can cover most states. Call my office and we can discuss this in detail. 251.272.9148.
I am trying to get recoup all my child support money that was stolen thru the eppi key2bank and way2go .I do not bank with BB&T but one of the suspect slipped a BB&T receipt in my purse when i was staying in Gadsden Al for over $1000000!I did not receive a dime of that money.
Clarissa,
If you disputed the unauthorized charges with the bank, then they have to fix the error and report back to you within 10 days. If they didn’t, then you can take them to court if you can prove the charges were not yours. Call my office if you’d like to discuss this further. 251.272.9148.
Clarissa,
Have you disputed with the bank? If not, you need to do so immediately. You can write them at Direct Express®, Payment Processing Services. P.O. Box 245998 San Antonio, TX 78224-5998. If that doesn’t get your money back, call my office. 251.272.9148.
Do you help people in California with the same issue with the Way2Go debit card. Fraudulent child support? Or is it best to get someone in California? Since this can be done I assume throught legal letters?
Please
Help me I’ve been a victim of fraud n way 2 go makes it impossible to file the complaint when my online access jd denied but I know I’ve had lots of money dwendking away for quite some time but was obvious when a deposit was made and I didn’t spend over 50 bucks and deposit was 320 yet my card was declined I text to check balance said 26 made it to gas station 10 mins after checking account I have 5 bucks luckily enough to put gas in to make home! I’m out work atm and depend on my Tanf to live for now n raise my child, What can I do to hopefully recover something to live off of and way to go has stolen Christmas joy from my kid I’m furious and want to sue! These assholes stole from my baby and you don’t take from us kid much less leave a struggling single mom depending on the 300 to make itt a motto and customer service is shit they have no desire to fix or investigate the fraud what can I do and how? Thanks in advance
Please
Help me I’ve been a victim of fraud n way 2 go makes it impossible to file the complaint when my online access jd denied but I know I’ve had lots of money dwendking away for quite some time but was obvious when a deposit was made and I didn’t spend over 50 bucks and deposit was 320 yet my card was declined I text to check balance said 26 made it to gas station 10 mins after checking account I have 5 bucks luckily enough to put gas in to make home! I’m out work atm and depend on my Tanf to live for now n raise my child, What can I do to hopefully recover something to live off of and way to go has stolen Christmas joy from my kid I’m furious and want to sue! These assholes stole from my baby and you don’t take from us kid much less leave a struggling single mom depending on the 300 to make itt a motto and customer service is shit they have no desire to fix or investigate the fraud what can I do and how? Thanks in advance
You should write them a letter. Their address is:
Direct Express Payment Processing Services
P.O. Box 245998
San Antonio, TX 78224-5998
I’ve contacted you before was trying to get your help with my case with these people but my phone was stolen so I lost access to everything. But I’m back up and running wondering if you can still help me
Sure. Call my office at 251.272.9148. I’ll be glad to talk to you.
Do you help people in Georgia with the same issue with the Eppicard/.Fraudulent child support? Or is it best to get someone in the state I reside in? I had someone still funds off my card in Jacksonville, FL when I wasn’t even in the county at the time it happened. I have all the proof to show that I was out of the county when this occurred and EPPICARD charged me $5 for a replacement card and had me fill out the questionnaire. Taking people through BS, just to deny us of OUR MONEY! This is ridiculous. Please Help
I may be able to help. I would need more details about your case though. You can call my office at 251.272.9148.
Hello, I recently had $900 removed from my way2go Michigan child support card. It was clearly fraud in $10 and $15 purchases to Google Play. I contacted the way2go card and was told they would do nothing, other than cancel my card and mail a new card. They said they knew it was fraud and refunded me $30 before I even called, but will not refund the rest. Is there any way you can help with this?
Thank you
Kim
I am a victim of the way2go program denial if my fraud claim. Over $3000 and they credit me $1546 then 45 days later they debit my acct saying denied. I even called ebay where $1000 was charged and they said charges were made in a different state. I am on NV who can help me ???
ive also had fruad charges of 902.00 from my way 2 go card, they never sent me any kind of paperwork and denied my dispute twice now and said they there is nothing they can do about it. the charges are all made over sea, and obviously can tell they are bunk, i mean one of the places called no cow…stole 499.00 my card is an way2go card out of california for child support. ive called the police made a report, ive even called my case worker at child support office! NO ONE SEEMS TO BE ABLE TO HELP ME….I live in nixa MO.
Please help…or at least point me in the right direction.. Thank you!
In august 2020 my NM EPPICard was stolen from my mailbox I was approved for ui benefits and a 8,485 deposited was made to the debit card but I wasn’t seeing my card in the mailbox on the 24th day of August only 21 days after that deposited was deposited almost every penny had been spent and i learned this when I called to see what was taking so long for me to receive my card they cancelled my card and sent me a new one but what for i had no money so two months later they sent me a fraud questionnaire I had also requested a transaction history but they sent me a blank transaction history and i only had a few days to fax my questions or back so i just put that it was every transaction on that card that i never received on the tenth day I called to ask about the provisional credit they then asked me to verify my email and said my email did not match their records and but as lock on my account and said i would have to verify my identity by emailing my id card or both my certified birth certificate and social security card which I did not have any and I explained I was born out of state that it cost money and I was completely broke but they didn’t care then I was forced to move out my home into a tent on a trail in the outskirts of a wat seemed to be a dangerous neighborhood I had to send my children to live with their father who me that had never met because their father never tried because i had no way to provide a home or feed my children i got traffic citations for no insurance or registration or proof of license then my vehicle was repoed i was all alone i have no family to turn to i was depressed and scared and then the pandemic on top of it all i got sick with covid 19 then i was jailed. For failure to pay fines all this would have been prevented if EPPICard would have honored their promise I trusted them I believed in my rights as a us citizen and as a born American then after a long fight to recovery and after pulling my self out of the depression I was able to get a I’d one year later I sent them the copy of it and then the representative tells me my claim was denied on October 2021 I was going thru it all again and now that I’m more educated in the whole process and a little bit back on my feet and able to physically and mentally and emotionally deal with them they finally decide to send me the correct transaction history it’s ridiculous ethey are all mainly atm withdrawals in teen one days they took out 8155 isnt thete a daily limit and thete has to be atm pics they need help the told me now not then to make a police report and to ask for a second review but its been almost two years i want my money back i earned it plus the time they locked my acct should not count right i need help i was wronged over amd over and i have my suspisions of who might have done this thou i may be wrong and besides i have no actual proof if only i could get the atm pics i could help identify the person ive never recovered i cant move on please help me
Wow! So this is a thing! Way2go is refusing to refund over $500 dollars that was debited to my empty account so now that I receive child support payments, They’re being eaten up. The transaction that put my account negative showed as a “client debit adjustment”. Child support says they don’t see anything transactional on their end that would cause the debit and way2go is blaming child support services and have refused to do a dispute twice because they said it’s child support that put the transaction through. I’m so done having the conversation and bouncing between both agencies. Do you think this is something worth pursuing legally in Oklahoma? If so, I would love to talk more!