California attorney here. I draft demand letters in cases like this. The replies above cover the front end of Reg E well, so let me add what matters once the bank has already denied: how to convert that denial into leverage.
1. The bank had to follow specific procedures, and you can verify whether it did.
Under 12 CFR §1005.11, once Chase received your written dispute, three timing rules attached:
- §1005.11(c)(1): Chase had 10 business days to determine whether an error occurred.
- §1005.11(c)(2): If Chase needed up to 45 calendar days to investigate, it was required to provisionally credit your account within the first 10 business days.
- §1005.11(d)(1): If Chase concluded no error occurred, it owed you a written explanation and notice of your right to request the documents it relied on. On request, Chase must promptly provide copies.
Two questions to answer on paper before you decide what to do next:
- Did you receive a provisional credit within 10 business days? If not, that is a procedural Reg E violation regardless of who wins on the merits.
- Did Chase's denial include a written explanation, and did you ask in writing for the documents it relied on? If Chase refused or stalled, that is a second procedural failure.
2. EFTA gives you real teeth, not just CFPB-complaint pressure.
15 U.S.C. §1693m creates a private right of action. The damages stack:
- Actual damages (your losses)
- Statutory damages between $100 and $1,000
- Court costs
- Reasonable attorney's fees
The fee-shifting piece is what changes the negotiation: Chase's defense cost on even a small EFTA case quickly exceeds the disputed amount. The action must be filed within one year of the violation, so the clock is running.
3. Realistic downside, because walking in honest beats getting blindsided.
A demand letter on these facts is strongest when:
- You reported within 60 days of the statement (otherwise §1005.6 can shift liability for transfers Chase argues it could have prevented).
- You filed a police report (you did).
- You can describe a plausible compromise vector, even generally: skimming, shimming, a known data breach, a lost wallet, card-on-file at a hacked merchant.
It is weaker when:
- The charges happened in stores you visit normally, near home, or used a PIN you've used elsewhere.
- The bank has signature or video evidence specific to those transactions.
- More than 60 days passed between the statement and your first notice to the bank.
If any of those are true, say so up front. A demand letter that ignores the bank's strongest defense gets ignored back.
4. Where a demand letter fits.
A CFPB complaint pressures Chase informally. A demand letter does something different: it puts Chase on written notice of specific Reg E and EFTA violations, attaches a deadline (usually 14 days), states the statutory-damages and fee-shifting exposure, and creates a litigation-ready record for small claims or federal court. Many banks settle at this stage because defending costs more than the dispute is worth.
I draft demand letters of this type as a flat $575 fixed fee, sent USPS certified plus email, with a copy to you. Scope and turnaround on my service page: Demand letter, California attorney, $575 flat. Bring the original dispute, Chase's written denial, your CFPB complaint number, and your police report number.
Sergei Tokmakov, Esq. | California Bar No. 279869 | General legal information only. No attorney-client relationship is created by this post.