It's not clear how common these types of mysterious checking account withdrawals are. Banks don't publicly disclose fraud numbers, but there is some evidence that such fraud is on the rise. The Anti-Phishing Working Group, which is sponsored by the financial industry, says e-mail attacks continue to rise, with more than 15,000 distinct phishing spam campaigns in June, a record. And a Gartner report issued last month based on consumer survey responses, estimated that 3 million people nationwide have experienced an unauthorized transaction out of their checking account. And about 12 percent of those consumers reported they hadn't received refunds, the report said.

There are other signs that mysterious withdrawals using counterfeit debit cards and other nefarious means are a real problem. One of the more high-profile credit card hacker cases, in which BJ's Wholesale Club allegedly exposed 8 million credit cards, led to a settlement with the Federal Trade Commission filed last month. In its complaint, the FTC said there was evidence that counterfeit card use was rampant at BJ's.

“Beginning in late 2003 and early 2004, banks began discovering fraudulent purchases that were made using counterfeit copies of credit and debit cards the banks had issued to customers,” the complaint says. “The customers had used their cards at (BJ's) stores before the fraudulent purchases were made, and personal information (BJ's) obtained from their cards was stored on (BJ's) computer networks. This same information was contained on counterfeit copies of cards that were used to make several million dollars in fraudulent purchases.”

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Refunds not automatic
Despite the protections, and the news of increased fraud, some consumers still have to fight for refunds.

Nicole Ball, who works for Fox television near Los Angeles, says she had her account drained of $1,000 in early May. Initially, Bank of America issued her a provisional credit for the amount, then began to conduct an investigation. Two weeks later, the bank took back the money, saying they blamed Ball. The withdrawals were made from a cash machine using an ATM card and the correct PIN, the bank said, so she must have authorized the transaction.

“We believe these transactions were made by you or persons authorized by you due to the fact that your PIN was used,” says the letter, a copy of which was shown to MSNBC.com. Bank of America's Reiss said she couldn’t discuss the specifics of the case.

But Ball believes she was a victim of “shoulder surfing,” at an ATM, that her pin and card information was stolen by someone who managed to monitor her at an ATM machine. After sending 15 pages of documentation proving she wasn’t anywhere near the ATM machines where the withdrawals were made, Bank of America refunded her money.

“People thought I was crazy every time I described this scam when it happen to me. I started to think that I was losing my mind,” Ball said. “I heard all the famous phrases ‘You authorized these transactions ... you gave someone your PIN ... it had to be you ... we will not reimburse.’ "

Banking consultant Tom Trusty says its common for bank employees to initially react to these kinds of fraud with skepticism, in part because they are so new. Consumers should know the bank might initially try to blame the consumer first. “Your PIN was used, so it must have been you,” is a common first reaction defense, he said.

That’s why it’s important for consumers to know their Regulation E rights when they go to a bank to complain.

“You’ve got to stay on them. They will try to tell you it’s your fault,” Trusty said. "You have to keep at them."

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