Leeseberg & Valentine

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Can a bank be held responsible for costs caused by negligent misrepresentation during a debit card dispute?

Q: Can a bank be held responsible for costs caused by negligent misrepresentation during a debit card dispute? I will not have a problem proving the negligent acts. I have incurred delays and costs caused by their failure to follow the proper procedures in the dispute.

A: The major problem with your potential claim is the expense of pursuing it may very well far exceed whatever recovery you are legally entitled to recover. Unless you could prove conduct that was fraudulent or intentional rather than as you describe it as "negligent", and/or that represented a continuing course of conduct involving many other debit card holders such that a class action could be filed, it is probably not economically feasible to pursue such a case.

However, you should speak with an attorney about the unique facts and circumstances of your case and not to rely on information that you read on the Internet. And please don't delay because your time to file a case in Ohio is short.


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