Earlier quoted context omitted.
This is not correct. If you find a bag of money (or, much more common: a wallet) and you can identify the owner you are obligated to return it. Not doing so is a crime. As it should be.
California Civil Code section 2080.1 for example "the person saving or finding the property shall, if the property is of the value of one hundred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city" https://codes.findlaw.com/ca/civil-code/civ-sect-2080-1.html
NY Payroll Company Vanishes with $35M
51–60 of 94 posts
Re: NY Payroll Company Vanishes with $35M
#52Earlier quoted context omitted.
Overdraft fees caused by fraud will probably be reversed. I have never heard of it not happening -- it would be a terrible PR for a bank that allowed for it. It will simply take time.
It ought to be a regulatory incident, not just bad PR.
Re: NY Payroll Company Vanishes with $35M
#53Is it possible to protect one's direct-deposit wages from (unjustified) ACH reversals, by transferring funds into a different account ASAP after the deposit occurs? I.e., by maintaining an account that serves only as a temporary inbox for direct deposit?
Yes, it is a little bit of a pain in the neck however. Basically you are going to implement your own ZBA with a positive pay ( while some form of a PP may be available to non-business accounts I have never heard of a ZBA + PP combination ). You will probably need to chat with the branch manager in a midsized/regional/community bank as everyone else would look at you as if you had two heads. The good security policy i…
Re: NY Payroll Company Vanishes with $35M
#54If the employees had somehow set up whatever the USA calls a direct debit, then sure, I can see a reason for this to happen. But through mistake or malice they are still able to dip into peoples account - that's the real issue here, surely?
Re: NY Payroll Company Vanishes with $35M
#55This does seem like a nightmare scenario for the vast majority (4 in 5?) of Americans who live cheque-to-cheque. Your pay is yanked, life doesn't stop and the bills keep coming. A few days, a week later, it's corrected and the pay reappears. Who's on the hook for your overdraft fees?
Re: NY Payroll Company Vanishes with $35M
#56This does seem like a nightmare scenario for the vast majority (4 in 5?) of Americans who live cheque-to-cheque. Your pay is yanked, life doesn't stop and the bills keep coming. A few days, a week later, it's corrected and the pay reappears. Who's on the hook for your overdraft fees?
Not only did they not get paid, they got the equivalent amount of their paycheck stolen from them twice over. The larcenous criminals should be the ones to pay back the overdraft fees that were the direct result of their larceny of 4 figure dollar amounts stolen from their accounts.
Re: NY Payroll Company Vanishes with $35M
#57In the US anyone with your bank account number can debit your account irreversibly? In Europe (with SEPA Core) we have 8 weeks to reject any debit even if the entity issuing the debit has a signed mandate to debit the account.
Re: NY Payroll Company Vanishes with $35M
#58Since this is sort of my beat: If this ever happens to you, immediately call bank, say “Electronic transaction posted in error.”, specifically identify the transaction, and ask what address the bank takes Regulation E written complaints at. If the CSR doesn’t know that answer, their supervisor does, or in the alternative FedEx HQ addressed to chief counsel or head of compliance. The letter just needs to state transac…
Hey Patrick, I'm surprised to see "this is sort of [your] beat". Do transactions like this happen to you often? What sort of speed-to-recovery do you see when you take this approach?
Re: NY Payroll Company Vanishes with $35M
#59Is it possible to protect one's direct-deposit wages from (unjustified) ACH reversals, by transferring funds into a different account ASAP after the deposit occurs? I.e., by maintaining an account that serves only as a temporary inbox for direct deposit?
Yes, it is a little bit of a pain in the neck however. Basically you are going to implement your own ZBA with a positive pay ( while some form of a PP may be available to non-business accounts I have never heard of a ZBA + PP combination ). You will probably need to chat with the branch manager in a midsized/regional/community bank as everyone else would look at you as if you had two heads. The good security policy i…
Do you have suggestions for banks that make it easy to implement this workflow?