Mother was victim of online virus scam - How can she recover the money she paid?

My 86 yeard old mother was on her computer when her computer froze and a message appeared stating her computer was infected by a virus. There was a phone number to call to have the virus removed. She called that phone number and gave her credit card information. The credit card did not work so she gave her debit card. The bank called her asking if she authorized the charges. They likely knew the company was involved with illegal activity. Why the bank did not inform her of this I have no idea.

She said the person on the phone spent 45 minutes doing something to remove the virus. They remotely installed a program called LogMeIn in order to make changes to her computer. It might have been used to put the virus on the computer but not sure. I deleted that program. The thieves not being very smart put an icon for LogMeIn on the desktop. Otherwise I would not have found it.

Her bank called asking if she authorized the charges. She said yes. It was $299.00.

I called her bank on her behalf and told them the charges were fraudulent. The bank is going to contact us in a few days possibly asking for more information. What can I tell the bank to have the charges removed other than the obvious of the company put the virus on her computer? Is there specific wording I can use?

Fortunately I froze all her credit a while ago. I asked the bank to replace her cards. What else can I do?

 

Tell them your mother is old and not at all technologically aware in regards to computer security. Her computer, at some point, was infected with malware - she's not sure when this might have occured. This malware led to a pop-up window on her computer [insert the sequence of events] and she was subsequently the victim of organised computer fraud. She was not fully aware of what she was consenting to and regrets her naievity, which led to her participation in what is quite obviously a scam. The bank won't expect you to be a security technician but sit down with your mother as soon as possible and have her write or dictate a statement of facts, in the order in which they occured. Be detailed and make sure that everything she can remember is there. Once you've done this, a short crash-course in the 'If it looks suspicious, don't trust it' approach might be an idea.

I've seen this happen a few times and the banks were understanding - funds were refunded by the bank without problems. The people who defrauded your mother are unlikely to be caught but she should get her money back.

 

After watching dozens of stories about tech support scam and trolling attempts by many people, I literally facepalmed when I heard this... How come people can still be scammed in this way in 2016? Nevertheless I do feel sorry for your mom.

Anyway do what bennni-san has said, tell the bank that you have been scammed by some tech support scammers and cross your fingers. Tech support scams have been around for quite a long time, more like a decade, so I doubt banks would have no idea on such thing. You should be able to get your money back, but I can't say for sure.

Also, spare yourself some time and give a proper computing lecture to your mom, just some basic technique and common sense are enough, and I mean it. I'll never let my parents touch my systems unless they get to know how to use them.

For a bit of sweet revenge though, search for "tech support scam" in YouTube and see for yourself, some are quite funny.

 

Appreciate the advice.

If there is an issue with having the money refunded, I want to have as strong a case as possible.

What exact law did the company break with this scam?

 

My guess here is us theft by deception. There was nothing wrong with the system but their malware page deceived her.

 

Without knowing the exact facts, it's hard to say... I've no experience with CA law, so take this as an academic exercise only. This will probably be irrelevant because the chances of finding whoever did this are not good. The bank will likely refund the money - they could pursue the other party if they have anything to go on but it seems doubtful.

Anti-Phishing Act of 2005 perhaps but that depends on other things - namely that the other party impersonates another, legitimate company, which I'm not sure applies here. It also seems to be more geared towards credit cards...

Comprehensive Computer Data Access and Fraud Act (PC: 502) could apply but there's too little information to go on.

Assuming this person is found, convicted and the bank don't just refund you, the court may impose restitution. You could also seek additional civil damages. Of course, depending on financial situation of the offender, it might be a while before you see any of that money - and that's if they are ever traced in the first place.

 

These thieves are boneheads.

I called the 800 number on the invoice because I was so angry. I then just hung up the phone and the person called back. Some guys name was actually on the caller ID.

 

I would make a police report with her local police agency in case anything ever goes to court.

It is hard to understand especially when your young and tech minded, but if you've ever had to deal with the elderly, they are just vulnerable even if they know better. People just seem to lose the cognition to protect themselves.

 

It is incomprehensible to us but this is the only explanation.

 

I am starting to believe this. However, when she Shut Down her computer and rebooted the message was still there.

What would explain this?

 

More than likely it's just malware try my post here to get rid of it.

If it is some type of lockout / cryptolocker, go here and look at the ransomeware removal guides.
http://www.bleepingcomputer.com/virus-removal/

 

Unfortunately I was not around when this occurred.

I am somewhat computer savvy. What would have been the solution to this issue? She said that the computer was turned off, and back on and the message was still there.

 

This is good information.

""The Comprehensive Computer Data Access and Fraud Act (Penal Code Section 502) affords protection to individuals, businesses, and governmental agencies from tampering, interference, damage, and unauthorized access to lawfully created computer data and computer systems. It allows for civil action against any person convicted of violating the criminal provisions for compensatory damages." [1]"

These scammers used unauthorized access to my mothers computer to inform my mother of the virus. That alone should prevent them being paid.

 

My guess is the page reset her default home page. Another ploy used before is they were using flash to do this, that though has been long patched so I have not seen it in a while.

 

If I were you I would save any important photos and such to an external device and wipe her PC. Also, law action may or may not be an option if these crooks are not from the US.