Netspend Negligence Case

Summary

Melinda Meyer alleges that NetSpend was negligent in allowing unauthorized access to her account, leading to financial loss and mental anguish. She has not yet taken any legal action or reported the incident to any authorities. She is seeking advice on how to proceed with a lawsuit against NetSpend. She has not yet collected any evidence to support her claim. She is also considering changing her account to prevent further unauthorized access.

Full Conversation

Well someone take my case for NetSpend being negligent and cleaning my account and cleaning my account out
Did you report the issue to NetSpend and what was their response?
Yes I did and they just keep coming up with dumb answers they're giving me the
What specific actions did NetSpend take that you believe were negligent? This will help me understand your case better.
They did not ask security questions for someone to open a card on my account so therefore my account was cleaned out it allowed them to take
What steps have you taken so far to resolve this issue with NetSpend? Have you filed a police report or contacted a lawyer?
Nothing
Have you considered filing a complaint with the Consumer Financial Protection Bureau (CFPB)? It's a federal agency that helps resolve issues with financial companies.
No I don't know what that is and I would like to have them sued because it's causing me mental anguish and it's causing me to get evicted and everything else
What evidence do you have to support your claim against NetSpend?

In Pennsylvania, you can sue for negligence if you can prove duty, breach, causation, and damages.
There was someone from Brooklyn New York that made a card in my name and got two purchases one for $* well withdrawal and then they made a purchase with Best buy for $*,* and that clean my account out and left me in the negative $* so I had no money to pay any of my bills that was my social security
Have you contacted your local police department to report this identity theft? It's crucial to have an official record of such incidents.
No
Have you considered contacting the Federal Trade Commission (FTC) to report identity theft? They can provide a recovery plan and guide you through the process.
No I want to sue them for mental anguish stress and it was their fault that the person made the card they let it get by them without security
What evidence do you have to prove that NetSpend's negligence directly caused your mental anguish and stress?

In Pennsylvania, to sue for emotional distress, you must prove:
- Extreme and outrageous conduct by the defendant
- Intent or recklessness
- Causation
- Severe emotional distress.
Yes it has caused me a lot of stress I have covid I'm very sick and I can't even get my bills paid and I'm in Jeopardy of getting evicted my water shut off my electric shut off because of all this
Have you contacted any legal aid services in Pennsylvania for assistance with your eviction and utility shut-off notices?
No It was all their fault because they let someone get by making a card without my security questions are they would have never been able to do it
Have you collected any evidence to prove that NetSpend did not follow their security protocol while issuing the card?
Well I just know by standards they have to ask you your phone number and then they send you a code and they never did that and nine times out of * when I call there they never asked me the security
Have you contacted NetSpend to request a record of the security protocols followed during the card issuance? This could serve as evidence in your case.
This could serve you as evidence in your case have you ever contacted NetSpend to record a record record of security protocols filing during the card
Did you manage to get any written communication from NetSpend regarding their security protocols or their response to your issue?
No
What steps have you taken to prevent further unauthorized access to your account?
I'm going to check I'm going to change my account completely
That's a good step. Have you considered reporting this incident to the Federal Trade Commission (FTC) for identity theft?
No I haven't but I will no I haven't but I will
What is the current status of your account with NetSpend? Have they taken any steps to rectify the situation?
I have called them every day once or twice a day to ask them about it and they themselves agree that it was fraud they know that what happened was wrong but they keep telling me they have to wait up to 45 days to finish it and so on and so on
Have you considered filing a complaint with the Pennsylvania Attorney General's Office? They can assist with consumer complaints against companies.
I'm in Missouri do you do Missouri or should I try to find someone in Missouri
Yes, we do provide information for Missouri as well. What specific legal information are you seeking for your situation in Missouri?
A lawyer that will make a claim against them for what they done
What type of lawyer are you looking for? A consumer rights lawyer or an identity theft lawyer?
Someone to go against NetSpend for them fraudulently letting someone make a card in my name and not letting it go through they let
What evidence do you have to prove that NetSpend allowed fraudulent activity on your account?

In Pennsylvania, you can file a complaint with the Pennsylvania Attorney General's Office. Their contact number is *-*-*.
They drained my account
What steps have you taken after discovering the fraudulent activity on your account?