[gabriejohn06]

Hello,

My husband and I have been debating if we should or can take some legal action in a situation that happened a couple of days ago. Here's what happened: I went online to check our account like I always do, and I saw that someone had made a counter withdraw from our account twice. First time was $100 second time was $60. My husband I both know for a fact that we weren't the ones who withdrew money, so we called the bank to figure out what he deal was. When we called they figured out that a guy with the same first and last name come up to the bank and told them that he didn't know his account number handed the bank teller his ID and had them look up the account number and write it down as well as take money out. And she did! Just by looking at the NAME. Not verifying address or S.S number or anything! We aren't sure if the man knew he didn't have an account with this bank and thought he could scam his way into someone's account that happened to have the same name or if the man honestly had an account. I don't blame the man though! I blame the bank teller. I don't think he or she did his or her job. If that's the case, I should be able to to go any bank and had them my ID and say "hey i dont have my account number", hand them my ID, and take some money from ANY body with the same name!
Does anyone agree that this is a legal issue and something can and should be done?
Thanks for all the answers! :)

[this8384]

Hello,

My husband and I have been debating if we should or can take some legal action in a situation that happened a couple of days ago. Heres what happened: I went online to check our account like I always do, and I saw that somone had made a counter withdraw from our account twice. First time was $100 second time was $60. My husband I both know for a fact that we werent the ones who withdrew money, so we called the bank to figure out what he deal was. When we called they figured out that a guy with the same first and last name come up to the bank and told them that he didnt know his account number handed the bank teller his ID and had them look up the account number and write it down as well as take money out. And she did! Just by looking at the NAME. Not verifying address or S.S number or anything! We arent sure if the man knew he didnt have an account with this bank and thought he could scam his way into someones account that happened to have the same name or if the man honestly had an account. I dont blame the man though! I blame the bank teller. I dont think he or she did his or her job. If thats the case, I should be able to to go any bank and had them my ID and say "hey i dont have my account number", hand them my ID, and take some money from ANY body with the same exact name!
Does anyone agree that this is a legal issue and something can and should be done?
Thanks for all the answers!!:)

You can possibly sue the bank for the money if it isn't recovered. Personally, I'd close the account before you have bigger problems, because you stated that the teller gave the stranger the account number.

I don't know that what the teller did was necessarily illegal. The stranger provided proof of identification. It would be different if the stranger had just walked in, said, "I'm John Doe, can you give me my account number?"

Does your husband have an extremely common name? I find it shocking that someone with an identical name was able to walk into a bank that just so happened to have an accountholder with the same name.

EDIT: After thinking about it, it could very well be that the teller simply withdrew from the wrong account. If the guy is trying to scam you, he doesn't sound very bright to only be withdrawing $100 or less at a time.

[excon]

Does anyone agree that this is a legal issue and something can and should be done?

Hello g:

No, of course not. You're not out anything. They made a mistake. Like the good consumer you are, you caught it. I'm SURE they gave the money back and reprimanded the teller.

What? You've never made a mistake at work??

excon

[bankworker]

I agree with excon. Unless you were out the money, let the bank will take the loss and let them handle it! And I hope if someone hands you money that isn't yours you would give it back. We are all human and make mistakes. If you want to about it. You might want see how much this bank has cut back on its staff. Are they running with a skeleton crew that is over worked and underpayed?

[AK lawyer]

... I dont blame the man though! I blame the bank teller. ...

The man who withdrew the money is, if he didn't have his own account at the bank, a criminal. The bank teller, at the most, made an honest mistake.

And what is the teller to do again? Looking at a driver's license isn't sufficient to establish identity any more? The address could have changed since the license was last issued. And I don't know that the teller had a positive obligation to check Social Security number. I am not convinced that the teller had any obligation to do more.

If, as the other answerers have assumed, your bank made you whole by reimbursing you the $160, I fail to see how you are damaged. In that case, I would answer that, no, this is not a legal issue.