Victim of debit card fraud sues company under the Electronic Financial Transactions Act

Michelle Keahey, East Texas Bureau Jun. 6, 2011, 5:18pm

SHERMAN - Claiming she is a victim of debit card fraud, a Denton County resident is suing the company that provides Texas debit cards for child support from the office of the Texas Attorney General.

Arguing the company is refusing to acknowledge her dispute, Karen Myers Cross filed suit against ACS State & Local Solutions Inc. on April 26 in Denton County Court. The defendant removed the case to the Eastern District of Texas, Sherman Division on May 27.

The defendant issued Cross a Texas debit card, "Eppicard," to be used for receiving funds for child support from the office of the Texas Attorney General. She states that in June 2010, after the monthly child support payment was deposited on her debit card, she noticed that a large number of unauthorized charges had been made to the debit card which resulted in eliminating the entire deposit made to the card.

Cross states she called that number on the back of the card to lodge a complaint about the unauthorized charges and followed up by making a written dispute.

According to the lawsuit, the defendant has refused to acknowledge the legitimacy of the dispute and refused to credit back the sums to her debit card. Cross has filed a second dispute with the defendant and has not received a response. Cross' attorney filed a third written dispute, to which there has not been a response.

The unauthorized charges or withdrawals from her debit card total approximately $1,700.

Under the Electronic Financial Transactions Act, Cross' liability for unauthorized withdrawals is limited to $50.

The defendant is accused of violating the EFTA by not conducting a reasonable investigation into the dispute and by denying the dispute when it did not have a reasonable basis for believing that the account was not in error.

The plaintiff is asking the court to declare that the defendant's actions violate the Electronic Financial Transactions Act and for an award of actual damages, treble damages, court costs and attorney's fees.

Cross is represented by Dallas attorney Sharon K. Campbell.

A jury trial is requested.

Case No. 4:11-cv-00307

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