My question involves criminal law for the state of: Iowa
I fell for the "new" gift card/phishing scam.
A couple of days before everything happened, I had received a call that appeared to be from my bank, and they had the right information; being at work and trying to do my job whilst being called and talked to on the phone, I verified their questions. About a day later, a man approached me on a social media app and gained my trust. He had "heard" that I was getting some money that I didn't know about and he needed my help. I'm pretty young, but not always so naïve, which is why this disappoints me endlessly. He had me withdraw it and send it to him via gift cards. Later on I found out that the money never should have touched, however my bank had failed to send me proper/timely notification of this and proceeded to let me withdraw these funds, in person, at one of their branches.
The teller did not mention that it was listed under confirmed fraud, and did not say anything about the message stating not to touch the funds until the following Monday. It wasn't until late the evening of the withdrawal and sending of the money to this man that I saw the message on my mobile app. I had not received an email or call. I called customer service and they referred me to their fraud department, who told me that nothing could/would be done about it since I willingly withdrew the funds.
They withdraw all of the funds in my account around 8pm that Monday, leaving me deep in the negatives to make up for the fraudulent checks. I have received two letters, a week later, telling me of these fraudulent checks and referencing the Check 21 Act.
I did not deposit these checks, nor did I sign them. They were deposited by this man, and I need some help on whether or not there is anything I can do as a form of rebuttal.
the Check 21 Act cover this bank against a rebuttal if I was not the one to sign or deposit these checks?
Please help me come up with a legal argument, or refer me to the proper laws that I may need to show I was a victim of this scam; and advise me on if the Check 21 Act covers this bank against a rebuttal if I was not the one to sign or deposit these checks?
Thank you!
I fell for the "new" gift card/phishing scam.
A couple of days before everything happened, I had received a call that appeared to be from my bank, and they had the right information; being at work and trying to do my job whilst being called and talked to on the phone, I verified their questions. About a day later, a man approached me on a social media app and gained my trust. He had "heard" that I was getting some money that I didn't know about and he needed my help. I'm pretty young, but not always so naïve, which is why this disappoints me endlessly. He had me withdraw it and send it to him via gift cards. Later on I found out that the money never should have touched, however my bank had failed to send me proper/timely notification of this and proceeded to let me withdraw these funds, in person, at one of their branches.
The teller did not mention that it was listed under confirmed fraud, and did not say anything about the message stating not to touch the funds until the following Monday. It wasn't until late the evening of the withdrawal and sending of the money to this man that I saw the message on my mobile app. I had not received an email or call. I called customer service and they referred me to their fraud department, who told me that nothing could/would be done about it since I willingly withdrew the funds.
They withdraw all of the funds in my account around 8pm that Monday, leaving me deep in the negatives to make up for the fraudulent checks. I have received two letters, a week later, telling me of these fraudulent checks and referencing the Check 21 Act.
I did not deposit these checks, nor did I sign them. They were deposited by this man, and I need some help on whether or not there is anything I can do as a form of rebuttal.
the Check 21 Act cover this bank against a rebuttal if I was not the one to sign or deposit these checks?
Please help me come up with a legal argument, or refer me to the proper laws that I may need to show I was a victim of this scam; and advise me on if the Check 21 Act covers this bank against a rebuttal if I was not the one to sign or deposit these checks?
Thank you!
Fraud: Check Fraud/Scam, Check 21 Act
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