Is it legal for a bank to hold my debit card and then destroy it?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it legal for a bank to hold my debit card and then destroy it?

I bank at another bank but used this bank’s ATM because I was on lunch break and it was close to my job. I withdrew $20 and then the ATM sucked my card in. I went inside to resolve the issue but the said they could not return the card and It had to be destroyed as stated in their policy. Not having my debit card for 10 days really puts me at a disadvantage. I called the police but they were no help. They said it being bank policy they had the right? I’m sure there is no law that gives them permission.

Asked on May 9, 2012 under General Practice, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Most banks specifically have imprinted on their issued ATM cards as well as stated bank policy that they reserve the right to destroy a debit card if it believes that the bank account to which the card is issued to has been compromised. Such is standard operating procedure in the banking industry and under uniform banking law. This seems to be what happened in your situation.

What I do not understand was why you were not able to get a new card activated the day your old card was "sucked in" by the ATM machine. Most banks are able to issue new cards right away.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption