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Does anyone here have any experience with obtaining information in regards to fraudulent transactions through retailers?
My Fiancés credit card was recently stolen... the actual physical card. And someone racked up $749 in charges on ebay, then a few days later tried to get another $494 in stuff even though the card had been shut off (they had stored the info in their payment methods, so Mastercard updated it 5 days later when they tried with outdated information). Capital one returned the funds and is still investigating, we've reported it to law enforcement as well as we intend to press charges.
I was on the FTC website filling out the ID theft report and I noticed a 609e letter template. I didn't know before now that victims are allowed to request information relating to purchases from businesses where their information was fraudulently used... So, I don't know much about the process. I can't find any way to send the letter and supporting documentation to ebay to request the information. Ebay is giving me the run around. One says you can do that request over the phone. Another rep will tell you that we're not allowed allowed have that information, period.
Can it be made over the phone? Contacting ebay for anything is an absolute nightmare.
@Bellasmom15 wrote:Does anyone here have any experience with obtaining information in regards to fraudulent transactions through retailers?
My Fiancés credit card was recently stolen... the actual physical card. And someone racked up $749 in charges on ebay, then a few days later tried to get another $494 in stuff even though the card had been shut off (they had stored the info in their payment methods, so Mastercard updated it 5 days later when they tried with outdated information). Capital one returned the funds and is still investigating, we've reported it to law enforcement as well as we intend to press charges.
I was on the FTC website filling out the ID theft report and I noticed a 609e letter template. I didn't know before now that victims are allowed to request information relating to purchases from businesses where their information was fraudulently used... So, I don't know much about the process. I can't find any way to send the letter and supporting documentation to ebay to request the information. Ebay is giving me the run around. One says you can do that request over the phone. Another rep will tell you that we're not allowed allowed have that information, period.
Can it be made over the phone? Contacting ebay for anything is an absolute nightmare.
Since this could become a legal issue, do NOT use the phone for anything besides gathering information. Send any disputes, allegations, or request(s) for specific information by certified mail, receipt requested. This provides proof positive that you did what was legally required and will have any CRA or sleazy merchant on notice that you are not screwing around. Yes, it will cost you a few bucks, but as I learned fighting a bogus medical charge(they mixed me up with someone with the same name, or so they claimed), when someone tries to dismiss you with the "we received no correspondence about that charge" delivered in a haughty tone, they quickly change their approach when you ask if they'd like a copy of the letter complete with certification and receipt from your hospital. Once you've done the original notification via the PO, you can follow-up via phone or email, but if they fail to give you a satisfactory response, back to the mail. I always conclude my follow-up letters noting that "my attorney has the originals, but I saved copies to hopefully prevent having to sue people." It doesn't guarantee you will succeed, but I can assure you the conversation is much different when they have info in front of them that says you're serious and not to be taken lightly. Again, I learned that approach from people on these forums with some assistance from my free lawyer(it's cool to have a daughter who's a lawyer).
Thank you for this advice! The only address I could find for ebay is the corporate address. I guess that's gonna have to be good enough.
They have a section online for law enforcement to obtain information, but nothing about victims of ID theft. So, I have little faith in them complying with the federal law at all. I saw that kohls was slapped with a $220,000 fine and ordered to have a page dedicated specifically to 609e requests because they told people only LEO could obtain that info... which Is what ebay has stated. So I'm definitely sending a letter too!
@Bellasmom15 wrote:Thank you for this advice! The only address I could find for ebay is the corporate address. I guess that's gonna have to be good enough.
They have a section online for law enforcement to obtain information, but nothing about victims of ID theft. So, I have little faith in them complying with the federal law at all. I saw that kohls was slapped with a $220,000 fine and ordered to have a page dedicated specifically to 609e requests because they told people only LEO could obtain that info... which Is what ebay has stated. So I'm definitely sending a letter too!
Send the letter CMRR so you have evidence later that a letter was sent and received; consider a formal CC as well in the letter to the California state attorney general's office since eBay is headquartered in the Bay area.
A section 609(e) request pertains to the ability of a consumer to file a request diretly with the creditor or business with whom the transactions were made by one using the consumer's identity with the abililty to obtain "a copy of application and business transaction records in the control of the business entity, whether maintained by the business entity or by another person on behalf of the business entity, evidencing any transaction alleged to be a result of identity theft."
The request must, per FCRA 609(e)(2), be (1) in writing, (2) accompanied by a copy of a government issued ID from the consumer, (3) a copy of a police report, and (4) an approved identity theft declaration, such as the one provided by the FTC on its web page.