Banks’ responsibility for scams | Consumer Financial Protection Bureau (2024)

The Electronic Fund Transfer Act provides important protections when consumers suffer unauthorized withdrawals from their accounts. For instance, so long as a person promptly notifies their bank that access to their account has been stolen, the law limits the person’s losses to $50. As the name suggests, the Electronic Fund Transfer Act applies to transfers initiated electronically, such as through a computer or mobile device.

In an ongoing case, Citibank has been sued by the state of New York for failing to respond adequately when people promptly told the bank that scammers had stolen money by initiating wire transfers from the consumers’ accounts online. The losses New York alleges people have suffered are serious: for example, New York alleges that one person discovered that a scammer had changed her online banking password, transferred money from her savings to her checking account, and then stole $40,000 via wire transfer—all through Citibank’s online banking platform. And New York alleges that instead of complying with the Electronic Fund Transfer Act’s protections in circ*mstances like these, Citibank looked to a law that was intended to govern transactions between commercial entities which does not provide the same level of consumer protection to victims of scams.

In response to New York’s allegations, Citibank has argued that the Electronic Fund Transfer Act doesn’t apply because the scammers ultimately used a wire transfer to take the money, and the Act contains an exemption for transfers made by banks “by means of” a wire service.

That’s incorrect, as the Consumer Financial Protection Bureau (CFPB) explained in a Statement of Interest (amicus brief) submitted yesterday. When a bank connects wire transfer capabilities to its online consumer banking platform and a person authorizes (or a scammer purports to authorize) a transfer online, the Electronic Fund Transfer Act applies to the transaction except for the bank-to-bank portion of it.

The CFPB will keep working to ensure that banks and other financial institutions meet their legal obligations, including protecting people from scammers.

The case is New York v. Citibank N.A., No. 1:24-cv-00659-JPO (S.D.N.Y).

Read CFPB’s Statement of Interest.

If you have had a problem with a bank’s handling of your checking or savings account, you can submit a complaint with the CFPB.

Banks’ responsibility for scams | Consumer Financial Protection Bureau (2024)

FAQs

Are banks responsible if you get scammed? ›

The short answer is: it depends. While getting a refund after losing money to scammers is possible, the outcome depends on factors like bank policy, the type of scam, the amount lost, and how quickly the scam was reported. According to US federal law, banks must reimburse you for unauthorized transactions.

Does the CFPB help with scams? ›

Our resources can help you prevent, recognize, and report scams and fraud.

What to do if your bank account is scammed? ›

Notify your bank immediately. For more details, give a missed call on 14440. If someone has fraudulently withdrawn money from your bank account, inform your bank immediately. When you notify the bank, remember to take acknowledgement from your bank.

Who investigates bank scams? ›

The FBI works with partners to investigate mortgage and financial institution fraud cases. The FBI participates in task forces that share intelligence, de-conflict cases, and create joint investigations.

Can you get your money back from your bank if you get scammed? ›

Most bank policies have protections for consumers who experience card fraud or unauthorized electronic transactions. For example, if someone uses your debit card without your consent and you file a dispute, your bank will likely refund the unauthorized transaction.

Do banks refund money if hacked? ›

If you've been scammed, your bank may refund the money stolen from your account. It depends on the amount, how long it took to report the fraud, and how the money was stolen. While that may not be comforting, you do have some protections, including: The Fair Credit Billing Act (FCBA).

Does filing a complaint with CFPB do anything? ›

Consistent with applicable law, we securely share complaints with other state and federal agencies to, among other things, facilitate: supervision activities, enforcement activities, and. monitor the market for consumer financial products and services.

What authority does the CFPB have over banks? ›

The CFPB has primary authority to enforce federal consumer financial laws for banks and other depository institutions with total assets of more than $10 billion, and their affiliates, which collectively hold more than 80 percent of the banking industry's assets.

Does the CFPB have any power? ›

We have supervisory authority over banks, thrifts, and credit unions with assets over $10 billion, as well as their affiliates. The depository institutions and affiliates included in the list below are currently under CFPB's jurisdiction and subject to CFPB supervision and examination.

Can I reverse a bank transfer to a scammer? ›

Generally not (and scammers tend to use non-reversible transactions, anyway). It's the same if you took out a bunch of cash, then handed it to someone outside. As soon as you authorise the payment, it is no longer their problem.

How to recover from being scammed? ›

Article: 6 Steps to Take after Discovering Fraud
  1. Don't pay any more money. ...
  2. Collect all the pertinent information and documents. ...
  3. Protect your identity and accounts. ...
  4. Report the fraud to authorities. ...
  5. Check your insurance coverage, and other financial recovery steps.

Do banks go after fraudsters? ›

If the bank is confident that fraud has occurred and feel the case is substantial enough to warrant it, the bank may notify law enforcement agencies such as the FBI. Of course, the decision on whether or not to open an investigation is up to the law enforcement agency involved.

Are banks liable for scams? ›

If a bank fails to safeguard against such activities, it may be held liable for the losses. However, banks have historically refused to pay for certain kinds of fraud, especially in cases in which consumers authorized payments, even if those consumers were deceived.

Who to contact if you've been scammed out of money? ›

If you or someone you care about is the victim of a fraud, scam or financial exploitation, you can report the fraud or scam to the Federal Trade Commission (FTC). Because all scams are different, you might have to reach out to a number of other local, state, and federal agencies depending on your situation.

How do I report being scammed to my bank? ›

Your financial institution

Contact your bank or credit union immediately if you've sent money to a scammer. They may be able to close your account or stop a transaction. Make sure you call them using their official phone number, not the one in the scam message.

Will I get my money back if someone stole money from my bank account? ›

Contact Your Bank

If you believe somebody made an unauthorized transaction using your bank account information, request that the transaction be reversed and your money be returned.

What happens if your account gets scammed? ›

Contact the financial institutions, credit card issuers, or companies that are involved. Tell them about the scam. You might need to change your account numbers and your PINs, and get new debit and credit cards.

Will Chase bank refund me if I get scammed? ›

With Chase's Zero Liability Protection you won't be held responsible for unauthorized charges made with your card or account information.

Can you sue a bank for not refunding your money? ›

The bank's investigation must be reasonable.

Bank officials can't legally ignore you. If the bank fails to conduct a reasonable investigation or comes to a completely unreasonable conclusion with the evidence they have, you may have a claim against the bank for violations of the Electronic Funds Transfers Act (EFTA).

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