Consumer complaint received 2018-04-06
Company: JPMORGAN CHASE & CO.
State: IN
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
On XX/XX/XXXX several fraudulent ATM withdrawals were taken from my daughters checking account, which I am a joint account holder on. They were made roughly at the same time in 5 different transactions :XX/XX/XXXX {$480.00} ATM withdrawal XX/XX/XXXX {$500.00} ATM withdrawal XX/XX/XXXX {$900.00} transfer from savings to checking XX/XX/XXXX {$800.00} ATM withdrawal XX/XX/XXXX{$1000.00} ATM withdrawal She noticed her debit card was missing the next day and called Chase Bank to report it missing. After speaking with a representative she realized all her funds had been taken out of her savings and checking, and her account had been overdrawn. Chase Bank transferred her to disputes department and she disputed the transactions. Chase temporarily reimbursed the funds back into her account after affidavit was signed.

We received a letter about a week later saying that the ATM debits are valid and the account will be charged back all the transactions.

I called Chase Bank dispute department and asked why they denied claim and to reopen the claim.

The claim was denied for the following reasons : - PIN code was used with no errors - ATM was used in proximity to where she resides within the city of XXXX XXXX IN - Debit card was used after the ATM withdrawals ( which it was a bill she paid 2days prior, that just posted.

- Transfer for {$900.00} was used at ATM from savings to checking ( that was part of the fraud ) I told them the bill was paid 2 days earlier and the debit just posted, also that the {$900.00} was transferred from savings to checking at that ATM by the person/people whom stole her card.

We then called police department and made a police report.

They reopened the case, only to get another letter stating that the debits will remain on account and that the claim is denied. I called them and they said that this decision is final and the reason why it was denied the second time was because : - PIN Code was used with no errors - ATM was used in proximity to where she resides in XXXX XXXX, IN.

I thought Chase Bank, whom I XXXX for 10 years for previously, would help us. We were under the impression that we are not liable for fraudulent charges including ATM withdrawals. Also of note, all these transactions equal up to {$2700.00} not including the transferred amount of {$900.00}. I was under the impression that ATMs have a {$500.00} daily limit for withdrawals. My daughter never spends this kind of money and its abnormal for her account. Why didn't Chase stop that transaction, at least when it became over {$500.00}? Why are my daughter and I responsible for fraud? What does zero liability me and why am I not protected?

She did not have her PIN on her card. She has never let anyone use her card.

Please help me understand why Chase isn't helping us or doing the right thing for us. I've read the disclosures, I've read the limit on ATM cards. All the verbiage states is we are triple protected, zero fraud liability, and daily ATM limit is {$500.00}. Do I need to obtain a lawyer? I thought all banks had to abide by the electronic funds transfer act when it comes to fraud.

Company response to consumer: Closed with monetary relief