Banking Disputes | The Barry Law Office, Ltd (2024)

You Have A Right To Sue Any Bank That Unlawfully Keeps Your Money,
Or Who Fails to Follow Your Instructions For Disbursing It

Banks owe you a duty to only give out funds that you authorize, and to only give out funds in the manner that you instruct them. As a consumer, you are entitled to file a lawsuit against any bank, credit union or other creditor who violates your rights under the EFTA. In short, the EFTA allows a consumer to recover their actual damages, statutory damages of up to $1,000 and their attorney’s fees and costs. Banks who violate the law have a lot at stake: Increased insurance rates, decreased profitability, potential governmental regulatory action, and the spiraling costs of defending a lawsuit for their illegal conduct.

The deck is stacked against consumers with sophisticated big banks. As a consumer, you should not hesitate to shield yourself from these sharp practices and exercise your rights under the EFTA. Our law firm has the experience, resources and ability to to zealously represent you in your EFTA action against any bank, credit union, or creditor. We file federal civil lawsuits against any entity who violates any state or federal law and transfers, keeps, or refuses to follow your instructions with how to disburse your money electronically. The EFTA prohibits any bank or creditor from transferring money out of your account without your permission, or refusing to return money that was unlawfully taken. Our firm can and will make illegal banking activity stop dead in its tracks.

Banking Disputes | The Barry Law Office, Ltd (2024)

FAQs

What happens when you dispute a transaction with your bank? ›

If a cardholder files a bank dispute, the bank will investigate the claim. They will then decide whether the cardholder's claim is true, and if a chargeback is justified. If the bank can clarify the charge to the cardholder's satisfaction, then the matter is resolved.

How do I file a dispute with my bank? ›

From your computer:

Log in to Online Banking and select the account with the transaction you'd like to dispute. 2. Select the transaction, then select the Dispute this transaction link and follow the instructions.

Can I sue if my bank won't release my money? ›

You could sue them for wrongfully holding your money. However, you first need to find out why they are holding the money. In certain circ*mstances the bank can hold the money for a variety of reasons. For example, fraud protection etc.

How long does it take to get money back from a dispute? ›

While many cases can be resolved quickly, some are more complex and can take up to 90 days.

Who loses money when you dispute a charge? ›

Loss of revenue: Chargebacks result in a direct loss of revenue for merchants, as they have to refund the disputed amount to the customer.

Do banks care about disputes? ›

In reality, issuing banks are given 30 days to complete chargeback investigations by the Federal Trade Commission once they've received a disputed claim. But it's in the bank's best interest to resolve claims as soon as possible to keep good standing with both merchants and consumers, hence, the 10-day deadline.

What do banks do when they investigate disputes? ›

Typically, bank investigators will examine transaction data for probable fraud indicators. The cardholder's involvement in a transaction can be established using time stamps, location information, IP addresses, and other elements.

Can you lose a bank dispute? ›

When you first dispute a transaction, your card issuer gives you a provisional credit for it. You don't need to pay that charge while the dispute's in process. If you win, then the provisional credit becomes a full reversal of the charge. If you lose your dispute, then the charge goes back on your credit card bill.

How to win a dispute with your bank? ›

Credit Card Dispute Resolution: Best Practices for Cardholders
  1. Regularly Review Statements. ...
  2. Attempt Resolution With Merchants First. ...
  3. Gather & Organize Documentation. ...
  4. Provide Clear & Detailed Information. ...
  5. Understand Your Rights & Responsibilities.
Mar 21, 2024

How long can a bank legally withhold funds? ›

A "reasonable" period of time can range from two business days to up to six business days. A hold can also be placed if a bank has reasonable cause to doubt the collectability of the check.

What to do if a bank refuses to refund you? ›

Some situations are successfully resolved over time, but many consumers are not as fortunate. If you have notified your financial institution about unauthorized transactions, but your bank won't refund stolen money, you may need a consumer fraud lawyer to protect your rights.

Can a bank legally withhold your money? ›

Yes. Your bank may hold the funds according to its funds availability policy. Or it may have placed an exception hold on the deposit. If the bank has placed a hold on the deposit, the bank generally should provide you with written notice of the hold.

Why would a bank deny a dispute? ›

Insufficient proof, like not having a return shipping receipt for merchandise, makes banks more likely to deny the case. Valid and authorized transaction: The credit card issuer verified that the charge was legitimate and allowed under the terms of the cardholder agreement.

What happens when you win a bank dispute? ›

If you successfully dispute a charge, the bank will notify the merchant and return funds to the issuing consumer via a chargeback. From here, merchants can decide if they want to dispute the chargeback or not.

How do banks resolve disputes? ›

The first step in gathering information is to determine what information is needed to investigate the dispute. This may include customer account information, transaction details, and any documentation related to the dispute. Once the information is identified, the bank will collect it using various methods.

What do banks investigate when you dispute a charge? ›

Once a potential fraudulent transaction is flagged, banks deploy specialized investigation teams. These professionals, often with backgrounds in finance and cybersecurity, examine the electronic trails of transactions and apply account-based rules to trace the origin of the suspected fraud.

What happens to the merchant when you dispute a charge? ›

If you file a dispute for a credit card charge with a bank, that bank will quickly notify the corresponding merchant that you've initiated this process. From here, the merchant can review your claim and decide whether or not to accept or deny your dispute.

Can you get in trouble for filing a dispute with bank? ›

Can you go to jail for disputing charges? It's technically possible, as friendly fraud can be considered a form of wire fraud. However, this only happens in extreme cases. In general terms, it's practically unheard of for cardholders to end up behind bars for committing friendly fraud.

Can I dispute a charge that I willingly paid for? ›

Yes. You can dispute a credit card transaction, even if you willingly approved it at the time.

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