Former Army Reservist Says Bank of America Refunding $25,000 in Fraudulent Debit Charges
John McDevitt said Bank of America agreed to refund $25,243.71 in debit charges.
April 6, 2012 — -- Two years later, Bank of America is refunding $25,243.71 to a former army reservist for charges he said were fraudulently accrued to his debit card while he was on leave from service.
John McDevitt, a U.S. Army reservist from Clayville, N.Y., served in Afghanistan for a year and spent his two free weeks in Greece in November 2010 according to a policy afforded to soldiers deployed in a combat zone. That was where he claims he was ripped off at a clip joint for the cash off his debit card.
McDevitt said he is "excited" Bank of America is refunding over $25,000 that the nightclub in Athens wrongly charged him.
McDevitt said he is waiting to receive the refund after a senior executive of veteran affairs from Bank of America called him on Wednesday evening to notify him of the news.
"I'm hoping now the politicians in this country will use this to change these laws to protect consumers," said McDevitt, who has written letters to public officials about strengthening rules regarding fraud protection. "Whether a debit or credit card, if someone forges your name, it's the responsibility of Visa or the bank to hold that payment until it's verified."
T.J. Crawford, spokesman for Bank of America, told ABC News that "from day one our fraud team handled this case by the books, following all internal and external protocols including attempted arbitration with Visa and "it was determined that the dispute is between the merchant and Mr. McDevitt."
"That being said, in light of Mr. McDevitt's service to our country we are extending him the benefit of the doubt and refunding the full amount," Crawford said.
While in Athens by himself almost two years ago, McDevitt said he asked a taxi driver to take him to a nightclub without a specific destination.
"I told the taxi driver I want to go to a night club – not a strip club," he said.
He said the driver brought him to a club at around 10 p.m. but he "didn't like the environment." While he was at a club called Palia Plaka for about an hour and a half, he said he ordered two beers and only talked to a waiter. He said "a couple girls tried to come over."
"I already know what that's about," he told ABC News. "I said, 'Nope.'"
When he tried to pay with his Bank of America debit card and leave the club, he said workers claimed he owed them more money. Instead of arguing with them, he said he paid the inflated sum of 600 euros, signed a receipt for his drinks and left.
"I'm in Athens, Greece. I don't want to go to jail," he said. "You sign, you leave. You just want to get out of there."
Two weeks later at his base in Afghanistan, he said he checked his account online and saw six charges totaling $25,243.71. The charges were between $2,058.66 and $6,780.66 for Nov. 12, Nov. 19 and Nov. 22, 2010.
Last week, outraged over the charges he said Bank of America should refund him, McDevitt protested outside a branch in Utica, N.Y., holding a sign that read, "A soldier that puts America first should have a bank that puts the soldier first,"as reported by WKTV.
On Nov. 29, 2010, McDevitt notified Bank of America, which issued a temporary credit to his account for the full amount on Dec. 3, 2010, while the fraud claim was being reported. But the bank took back the funds after determining that "no error had occurred in this instance" as stated in a letter sent Dec. 9. 2010 from the bank.
McDevitt said his only option was to use a debit card because he has been unable to obtain a credit card after his ex-wife filed for bankruptcy.
"I paid off all my credit, but I still can't get a credit card," he said. Now an auditor with New York State, he also wanted to use his money to help pay for his daughter's wedding in June.
"Right now, my parents are helping me out because they know my situation," he said. "I tried to get a loan but because of my past credit, that's denied."
In a letter provided to ABC News by McDevitt, the bank said that on Dec. 9, 2010, it "received the signed sales drafts from the merchant reflecting your signature and card imprint."
Attempts by ABC News to reach the club for comment were unsuccessful.
"We found that the transaction activity in question was authorized and posted, or billed, correctly to your account," the letter stated.
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