Financial fraud in Canada: What to do if your bank account or credit card is compromised
Fraudsters can exploit victims through text, email and other means. What are your options if that happens?
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Fraudsters can exploit victims through text, email and other means. What are your options if that happens?
We have been defrauded of over $20,000 by someone who was able to make unauthorized e-transfers from our bank accounts. The bank has recovered a small portion of them, and it has refused responsibility for any more. I am at level three of the complaint process, and I am wondering how to proceed?
Do I need a lawyer now, before filing the new complaint?
My home insurance doesn’t cover anything. I have contacted the credit bureaus and I’m making a police report.
—William
Sorry to hear about this situation, William. Any fraudulent activity in your financial accounts can be unnerving. But knowing someone was able to access your bank accounts directly is really intrusive.
Interac e-Transfer is generally a safe way to send money in Canada. In fact, “for every $100 spent across the Interac Debit and e-Transfer networks, less than $0.02 was lost to fraud [in 2021],” according to Interac.
Regardless, fraud happens. E-Transfer fraudsters generally use text or email channels to exploit victims. Some examples of fraud in Canada include:
If the fraudsters were able to send transfers directly from your account, William, it sounds like they were able to hack into your online banking. This may have been from a phishing text, email or website that tricked you into entering your bank login details and allowed the fraudsters to access your account afterwards.
According to the Canadian Anti-Fraud Centre (CAFC), the first things to do when you are a victim of fraud are:
It sounds like you have done all the right things so far, William. As far as the bank’s responsibility, each financial institution may have different definitions of what constitutes an unauthorized transaction. You have to check your debit card or credit card agreements to see the terms, which could include restrictions on how long after the transaction occurred that the financial institution will take responsibility. That may be where you are running into trouble.
According to the Financial Consumer Agency of Canada (FCAC), you may be responsible for losses in cases when you:
If you haven’t had luck dealing with your bank directly, William, you can contact the Ombudsman for Banking Services and Investments at 1-888-451-4519 or [email protected].
You could speak with a bank fraud litigation lawyer to see if they can help. An initial consult might confirm whether you have a case or if there are further steps you can take.
Home insurance sometimes covers identify theft in Canada, but this cyberfraud situation is different. If you have spoken to your insurer and they are unable to help, there may not be an insurance solution for you.
Some Canadian banks and financial institutions offer alerts if a bank account or credit card transaction exceeds a certain limit. This might be one way to avoid large transactions that could put your accounts at more risk. Two-factor authentication, to the extent that it’s an option for your financial institution log-in, is another good practice.
In summary, William, it sounds like the fraudsters were able to access your account directly through your online banking. The terms of your debit card agreement might limit your ability to recover funds. I would continue to escalate the issue with the bank and file a complaint with the Ombudsman. It may be worthwhile speaking with a lawyer to at least see if they think there is a legal means to pursue things further beyond what you are already doing. I am sorry about your situation and wish you good luck with a resolution.
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