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Question: Do we also report compromised debit cards to CANS?
Answer: If a person commits an offense under Penal Code §32.51, the accountholder is entitled to have information sent through CANS. It doesn't matter if the offense occurred through use of a debit card, check, or other item/access device. In fact, it doesn't matter if an item or an access device is used at all. There doesn't even have to be a loss or an attempt to harm or defraud.
It is a violation of Penal Code §32.51 if someone obtains, possesses, transfers, or uses identifying information of another person, with intent to harm or defraud that other person. Of course, use of another person's identifying information with intent to harm or defraud is an offense. However, §32.51 provides that merely obtaining, possessing, or transferring identifying information of another person with intent to harm or defraud that person is an offense under §32.51.
Once an offense has occurred under Penal Code §32.51, then CANS can be utilized to send information to the registered check verification entities. Remember, your customer must close an account at your institution before you can send information on the offense through CANS.
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