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.
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!
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!