Experience with Small Claims Actions for Drained Cards?
#1
Original Poster
Join Date: Aug 2001
Location: SFO
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Experience with Small Claims Actions for Drained Cards?
I was defrauded of value I placed on 3 VR cards bought at CVS Pharmacy a couple of months ago. Others have reported issues with VGCs bought at Ralph's supermarkets. The cards have been tampered with, though this is often invisible to the store and the card buyer. The buyer puts value on the cards, they're activated, and before the buyer can load their Bluebird or similar prepaid value card, someone else has unloaded the value. The crooks have obtained the card numbers in the store or possibly prior to store delivery - and may check daily, or more often, to see if the cards have been activated.
In my case, the card manufacturer Incomm refused to issue me with replacement cards, instead suggesting I file a police report. Luckily I live in the jurisdiction where I bought the cards, and the police (reluctantly) did issue a report. I then approached the two banks whose cards I had used to make the purchases. US Bank took down the information over the phone, while Chase sent me a form to fill out. After a month, US Bank denied my request to vacate the charge, even though I spend a lot on their Flexperks card. The bank attached a handwritten note from CVS indicating that the cards had been properly activated, as if that was the end of the story. I'm still waiting to hear back from Chase. US Bank suggested I file a small claims case, which does appear to be my only option at this point.
Has anyone else had to go to Small Claims to be made whole? What was your experience?
In my case, the card manufacturer Incomm refused to issue me with replacement cards, instead suggesting I file a police report. Luckily I live in the jurisdiction where I bought the cards, and the police (reluctantly) did issue a report. I then approached the two banks whose cards I had used to make the purchases. US Bank took down the information over the phone, while Chase sent me a form to fill out. After a month, US Bank denied my request to vacate the charge, even though I spend a lot on their Flexperks card. The bank attached a handwritten note from CVS indicating that the cards had been properly activated, as if that was the end of the story. I'm still waiting to hear back from Chase. US Bank suggested I file a small claims case, which does appear to be my only option at this point.
Has anyone else had to go to Small Claims to be made whole? What was your experience?
#3
Join Date: Dec 2010
Location: Long Beach
Programs: HHonors Diamond, Hyatt Diamond
Posts: 1,171
us bank suggested you file in small claims court? whom did they suggest you sue? I would think the only defendant for small claims court would be the person whom stole the money.
#5
Join Date: Mar 2012
Posts: 784
Most banks chargeback period is 60 days after statement close. Been there, done that with raise.com and mobile GCs bought for an experiment gone awry so planning personal consumption. Raise coincidentally, guarantees 100% satisfaction for 60 days. SOL when the GCs were disabled when the CC that purchased the GCs for resale ended up being stolen.
#6
Join Date: Dec 2009
Location: HNL
Programs: UA 1K; Marriott Plat; Hyatt Diamond; CCarlson Elite
Posts: 641
Most banks chargeback period is 60 days after statement close. Been there, done that with raise.com and mobile GCs bought for an experiment gone awry so planning personal consumption. Raise coincidentally, guarantees 100% satisfaction for 60 days. SOL when the GCs were disabled when the CC that purchased the GCs for resale ended up being stolen.
#8
Join Date: Feb 2014
Posts: 511
This. You can't blame CVS or your CC company for this. Doing so just shoots yourself (and us) in the foot anyway.
Incomm at the very least should know what prepaid other than yours the funds were loaded to, and that Prepaid issuer should have names/socials on file. They're just lazy.
Incomm at the very least should know what prepaid other than yours the funds were loaded to, and that Prepaid issuer should have names/socials on file. They're just lazy.
#10
Original Poster
Join Date: Aug 2001
Location: SFO
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This. You can't blame CVS or your CC company for this. Doing so just shoots yourself (and us) in the foot anyway.
Incomm at the very least should know what prepaid other than yours the funds were loaded to, and that Prepaid issuer should have names/socials on file. They're just lazy.
Incomm at the very least should know what prepaid other than yours the funds were loaded to, and that Prepaid issuer should have names/socials on file. They're just lazy.
How would FDIC be involved? What information would they want, and how would that help in Small Claims? Going to their "Report Fraud" page, I don't even see a category for this type of fraud.
Last edited by Explore; May 22, 2014 at 1:56 pm
#11
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#12
Join Date: Apr 2013
Posts: 417
Search this forum for the "dealing with Incomm thread". It should have all the info and links that you'd need. Unless someone has removed it, it used to have a proper link to an FDIC claim form.
#13
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#14
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Update: The FDIC form appears to allow only for the bank, since it asks for the number of your account.
#15
Join Date: Feb 2009
Location: WI
Programs: HHonors Gold, UAMP
Posts: 895
Incomm isn't a government regulated bank they will tell you to go away. Just like PayPal isn't.