Us Bank... Reliacard Reliacard Double charged me for ATM withdrawl. Refused to look into it as ATM error! Ripped me off $40 Astoria, Oregon

You got your money back. Now shut up.

First an apology: Not having seen a "Reliacard" I thought they were like an EPPE card. Issued by the state for child support, unemployment, etc payments. EPPE cards do not carry any bank name on them. So I did make a mistake in assuming the Reliacard to be like the EPPE card. And we all know about assuming, right?

In reading about the Reliacard on the web, it does indeed carry the US Bank name. However it is not owned or serviced by US Bank. That means that if any disputes or other concerns about the card arise then US Bank is not where the customer calls for help. The customer service number on the back of the card will connect the card holder with the agency that issued the card. This agency is the one responsible for initiating any dispute or fraud investigation. This agency is a state government department. Federal Regulations control the processes of financial institutions, such as US Bank. But since this card is owned and serviced by the state agency then the federal regs do not apply. An example would be if you got a loan from the bank, then the loan would be governed by federal & state regs covering interest rates, repayment, etc. But if you get that same loan through an individual or a check cashing business/short term loan company then the federal & state regs that apply to the bank don't apply. Different regs may apply but not the same ones. Since the card issuer is a state government agency they are not controlled by Fed Reg E or any others that apply to financial institutions. But the dispute needs to start with the agency.

As for the $40 withdrawal showing up the next day I can see two possibilities since the OP said they didn't leave their house the next day. Either it was late enough on the day th withdrawal was done that it "posted" the next business day. Or since they said "another $40 from the same ATM" that their card may have been compromised by a skimmer. Again this would need to be reported to the agency ssuing the card and not to US Bank.

The card that was used is issued by US Bank. However, the poster states and I quote

"The next day it charged me another $40 from the same ATM which I never went back to, I never even left the house that day!"

It seems she tried to lodge this dispute with BOTH US bank and reliacard, which happens to be US BANK is the issuer.

So Reliacard is saying to either file a fraud report, which the poster does not want to do since the card was not lost or stolen, or call US bank. US Bank is basically saying the old "there is nothing we can do".

So this leaves the ATM machine. How does one file a dispute against an ATM machine other then a federal E dispute if this is not a case of fraud, but ATM malfunction?

but the dispute still has to be initiated by the card owner. Since Reliacard is not owned by a bank, federal regulations that cover banks do not cover this case. If the OP had used a credit card to get a cash advance and the same thing happened, they would need to initiate the dispute with the credit card company not with the bank hat owne the ATM. If the entity that owns the card is a financial institution then the fedreral regs apply. If it isn't then the federal regsdon't apply.

PS: sorry for the double post earlier. Not sure how that happened

I was just using that as an example of how I had to handle an ATM dispute. It was settled a while ago and I got the money returned, it was a malfunctioning ATM. Granted it was a bit of an inconvenience as the withdrawal was for rent and it took a while before they issued the provision, I was more concerned that A) neither wanted to assume responsibility or deal with it..and B) there was direct clear insinuation that I was conducting fraud..yes, they literally accused me of bank robbery. This is a bank I was with for a very long time..well it was First Union when I joined in high school, then Wachovia, the wells fargo/wachovia..now I hear Wachovia is being phased out, at least in most states,,I imagine the name will be nothing but a bad memory to many in the future once totally phased out. The word customer loyalty meant ZERO to them..and hence they buried themselves.

I understand what you are saying regarding the posters case..but if the posters story is accurate, there is a chance the ATM machine may have been the cause..it is not beyond possibility.

Since they are playing off each other and giving the run around..why should she not try to lodge a dispute against the ATM machine? This seems to be the source of the issue.  Maybe they will find the error, or can confirm if an actual card was used or not. Although for some reason they usually refuse to view any video footage, maybe they can in this case and see if a transaction was actually conducted at the time, and if so, by whom. It might take a Federal dispute to get them to even look into it at this point which is why I suggest it.

They don't apply in this case. Regulation E governs the process of disputing card transactions with your financial institution (bank, credit union, etc). Since the use and service of the Reliacard is through the company that owns it the dispute must be made with them. As they are not a bank the federal regulations for banks do not apply. This would cover all cards such as Reliacard, EPPE card and so on. The agency that is responsible for authorizing the balance onto the card is the only one that can process disputes.

As far as Wells Fargo and Wachovia go, Wells did indeed buy Wachovia however they are still operating as serparate banks. They have begun the integration in states were both banks existed and then will convert the states where Wachovia has branches but Wells does not. So since you used your Wachovia card at a Wells ATM (even though Wachovia showed) the proper place to initiate the dispute would have been with Wachovia. The dispute is done with the bank that owns your card. If the Wachovia person told you differently then they were wrong. You can call the 1-800 customer service line and ask to speak with Disputes. Hope this gets corrected for you.

They don't apply in this case. Regulation E governs the process of disputing card transactions with your financial institution (bank, credit union, etc). Since the use and service of the Reliacard is through the company that owns it the dispute must be made with them. As they are not a bank the federal regulations for banks do not apply. This would cover all cards such as Reliacard, EPPE card and so on. The agency that is responsible for authorizing the balance onto the card is the only one that can process disputes.

Funny that Wachovia was used as an example. Because when a Wells Fargo ATM ripped me off, Wachovia told me I had to deal with them. So I went back to the wells Fargo..and they told me I had to deal with Wachovia. So yes, I got the run around too.

The ironic thing is..at the time Wells had just taken over Wachovia, and I used the Wells machine because there was no fee. There was even a Wachovia logo on the screen.

Regardless..runaround, neither wanted to deal with it. They didn't care if I was screwed. $300.00 mind you.

 Wachovia had to deal with it..they had to investigate, they had to place the funds back on a provision until the money was returned to my account. Took a little over 30 days, lots of grief, but happy ending.

Where Striderq may be wrong, is in stating that Federal regulation guidelines do not come into consideration. They certainly do. If you can get no cooperation from either, Federal Regulation E applies to all ATM machines. I will not post the entire regulation which anyone can view online by a search..but the first paragraph...If I am wrong..please explain how.

Regulation E provides a basic framework that establishes the rights, liabilities, and responsibilities of participants in electronic fund transfer systems such as automated teller machine transfers, telephone bill-payment services, point-of-sale (POS) terminal transfers in stores, and preauthorized transfers from or to a consumer's account (such as direct deposit and social security payments). The term "electronic fund transfer" (EFT) generally refers to a transaction initiated through an electronic terminal, telephone, computer, or magnetic tape that instructs a financial institution either to credit or to debit a consumer's asset account.

Unless US Bank administers the Reliacard program then any compliant or fraud claim must go through Reliacard and not US Bank. This is just as if I use my Wachovia card at a US Bank ATM and have an additional withdrawal recorded, I would have to file my claim with Wachovia. So in this case your claim would indeed have to go through Reliacard not through US Bank and therefore Ronny's federal regulation guidelines do not come into consideration.

Secondly, what may have happened is that there was a "skimmer" on an ATM you used your card at. This device captures your card information and then a camera captures your PIN. The bad guys then make a card with your information and steal your money. I would recommend reviewing your Reliacard account information and make sure there have been no other uauthorized transactions. If you see any, please contact Reliacard to find out how to close your current card and get a different number to avoid having any further money taken from you. Hope this helps.

I am the law has a valid point..however so does the poster. The poster claims there is no reason to file a fraud report with reliacard, because the card was never out of her possession and she never left the house that day of the charge.

The bank claims someone must have swiped the card, so it must be fraud. Reliacard says call US bank, US bank says file report with reliacard..and if this customer is innocent of any wrongdoing, just gets screwed out of the money I guess. This customer is getting the run around plain and simple.

However, if I were in those shoes, I would file a regulation E dispute at this point against the ATM (whose name is on it?) and let the chips fall where they may.

Which bank owned the ATM? If it was some other bank's ATM, I can see why USB can't look into it. (Not having access to another bank's records and all.)

If it is USB's ATM, Reliacard told you to file a fraud report, you did so, and you're mad that USB is requesting the police report? Um, OK. Now, why on Earth would the bank want a police report if you're claiming fraud? Notice the sarcasm?

Yes, this is a lot of money to you right now..but no one else is going to care. You will have to force others to take action if you wish to be made whole again.

I had an issue at another bank where an ATM error was taken out by the bank, and I was able to recover it. It seems in all logic that if you do not have another card that someone else fraudulently used ..that this is an ATM or bank error. Bear in mind this could take 30 days or longer..but it will not happen at all if you do not take the appropriate steps.

The bank MUST investigate this. Oh, they don't want to and may try to get out of dealing with it..but do not let them, it's your money, you need it more then them.

First step is go into the bank or call the bank and file a dispute. They should investigate. They may issue the funds back on a provisional basis if you request (my bank at the time did and it was $300.00) and the provision will be lifted once the investigation proves it was a bank error.

Regardless if they give a provision or not, they must investigate. If they refuse, or determine they are not responsible, then you must request a Federal E dispute form, fill it out and submit it. You can get a form E from your bank in person, or have it faxed.

Best of luck.