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New Protections for Food Benefits Stolen by Skimmers

By BrianKrebs

Millions of Americans receiving food assistance benefits just earned a new right that they can’t yet enforce: The right to be reimbursed if funds on their Electronic Benefit Transfer (EBT) cards are stolen by card skimming devices secretly installed at cash machines and grocery store checkout lanes.

On December 29, 2022, President Biden signed into law the Consolidated Appropriations Act of 2023, which — for the first time ever — includes provisions for the replacement of stolen EBT benefits. This is a big deal because in 2022, organized crime groups began massively targeting EBT accounts — often emptying affected accounts at ATMs immediately after the states disperse funds each month.

EBT cards can be used along with a personal identification number (PIN) to pay for goods at participating stores, and to withdraw cash from an ATM. However, EBT cards differ from debit cards issued to most Americans in two important ways. First, most states do not equip EBT cards with smart chip technology, which can make the cards more difficult and expensive for skimming thieves to clone.

More critically, EBT participants traditionally have had little hope of recovering food assistance funds when their cards were copied by card-skimming devices and used for fraud. That’s because while the EBT programs are operated by individually by the states, those programs are funded by the U.S. Department of Agriculture (USDA), which until late last year was barred from reimbursing states for stolen EBT funds.

The protections passed in the 2023 Appropriations Act allow states to use federal funds to replace stolen EBT benefits, and they permit states to seek reimbursement for any skimmed EBT funds they may have replaced from their own coffers (dating back to Oct. 1, 2022).

But first, all 50 states must each submit a plan for how they are going to protect and replace food benefits stolen via card skimming. Guidance for the states in drafting those plans was issued by the USDA on Jan. 31 (PDF), and states that don’t get them done before Feb. 27, 2023 risk losing the ability to be reimbursed for EBT fraud losses.

Deborah Harris is a staff attorney at The Massachusetts Law Reform Institute (MLRI), a nonprofit legal assistance organization that has closely tracked the EBT skimming epidemic. In November 2022, the MLRI filed a class-action lawsuit against Massachusetts on behalf of thousands of low-income families who were collectively robbed of more than $1 million in food assistance benefits by card skimming devices secretly installed at cash machines and grocery store checkout lanes across the state.

Harris said she’s pleased that the USDA guidelines were issued so promptly, and that the guidance for states was not overly prescriptive. For example, some security experts have suggested that adding contactless capability to EBT cards could help participants avoid skimming devices altogether. But Harris said contactless cards do not require a PIN, which is the only thing that stops EBT cards from being drained at the ATM when a participant’s card is lost or stolen.

Then again, nothing in the guidance even mentions chip-based cards, or any other advice for improving the physical security of EBT cards. Rather, it suggests states should seek to develop the capability to perform basic fraud detection and alerting on suspicious transactions, such as when an EBT card that is normally used only in one geographic area suddenly is used to withdraw cash at an ATM halfway across the country.

“Besides having the states move fast to approve their plans, we’d also like to see a focused effort to move states from magstripe-only cards to chip, and also assisting states to develop the algorithms that will enable them to identify likely incidents of stolen benefits,” Harris said.

Harris said Massachusetts has begun using algorithms to look for these suspicious transaction patterns throughout its EBT network, and now has the ability to alert households and verify transactions. But she said most states do not have this capability.

“We have heard that other states aren’t currently able to do that,” Harris said. “But encouraging states to more affirmatively identify instances of likely theft and assisting with the claims and verification process is critical. Most households can’t do that on their own, and in Massachusetts it’s very hard for a person to get a copy of their transaction history. Some states can do that through third-party apps, but something so basic should not be on the burden of EBT households.”

Some states aren’t waiting for direction from the federal government to beef up EBT card security. Like Maryland, which identified more than 1,400 households hit by EBT skimming attacks last year — a tenfold increase over 2021.

Advocates for EBT beneficiaries in Maryland are backing Senate Bill 401 (PDF), which would require the use of chip technology and ongoing monitoring for suspicious activity (a hearing on SB401 is scheduled in the Maryland Senate Finance Commission for Thursday, Feb. 23, at 1 p.m.).

Michelle Salomon Madaio is a director at the Homeless Persons Representation Project, a legal assistance organization based in Silver Spring, Md. Madaio said the bill would require the state Department of Human Services to replace skimmed benefits, not only after the bill goes into effect but also retroactively from January 2020 to the present.

Madaio said the bill also would require the state to monitor for patterns of suspicious activity on EBT cards, and to develop a mechanism to contact potentially affected households.

“For most of the skimming victims we’ve worked with, the fraudulent transactions would be pretty easy to spot because they mostly happened in the middle of the night or out of state, or both,” Madaio said. “To make matters worse, a lot of families whose benefits were scammed then incurred late fees on many other things as a result.”

It is not difficult to see why organized crime groups have pounced on EBT cards as easy money. In most traditional payment card transactions, there are usually several parties that have a financial interest in minimizing fraud and fraud losses, including the bank that issued the card, the card network (Visa, MasterCard, Discover, etc.), and the merchant.

But that infrastructure simply does not exist within state EBT programs, and it certainly isn’t a thing at the inter-state level. What that means is that the vast majority of EBT cards have zero fraud controls, which is exactly what continues to make them so appealing to thieves.

For now, the only fraud controls available to most EBT cardholders include being especially paranoid about where they use their cards, and frequently changing their PINs.

According to USDA guidance issued prior to the passage of the appropriations act, EBT cardholders should consider changing their card PIN at least once a month.

“By changing PINs frequently, at least monthly, and doing so before benefit issuance dates, households can minimize their risk of stolen benefits from a previously skimmed EBT card,” the USDA advised.

Helping Mom & Dad: Online Banking

By McAfee

Editor’s Note: This is the first in a series of articles about how we can help our elder parents get the most out of digital life—the ways we can help them look after their finances and health online, along with how they can use the internet to keep connected with friends and family, all safely and simply.

Online banking is for everyone. Or at least it should be. 

The benefits of online banking are many for our moms, dads, and grandparents, just as they are for us. Elder adults can deposit checks, pay bills, transfer money to and from investments, and so on, all without needing to leave home. However, our parents and the older people in our lives may face a few hurdles that are holding them back. As a son, daughter, or loved one, there are things you can do to help them clear those hurdles so they can enjoy the convenience of online banking, safely and securely. 

What do some of those hurdles look like?  

  • Familiarity, for one. Their comfort level with the internet simply may not be as high as ours. (After all, so many of us have grown up with it to some degree.) The web page layouts, transactional flows, and basic internet navigation sense that we all take for granted may still feel a touch foreign to them.  
  • Another hurdle is trust. Many of our parents simply know and have come to trust, in-person and face-to-face interactions, particularly at a bank. Simply put, they may be far more trusting of the teller behind the window than the web page on the browser. 

Meanwhile, the digital world continues to evolve apace, particularly with regard to online banking. Between 2018 and 2022, the number of people in the U.S. who use online banking steadily rose to more than 65%, and more than three-quarters of Americans used a mobile device the last time they checked their balance. And as of 2020, nearly two billion people worldwide used online banking, a number that only continues to increase. 

This rise in online banking has implications for the elders in our lives. Even if they aren’t active in online banking themselves, their financial information is part of this digital mix. The banks and financial institutions where they keep their savings and funds are digitally connected and digitally accessible. At a minimum, this means that they should take steps to protect themselves and their finances. Yet the upside is here is that we can help them do much more than that—that we can actually help them take advantage of online banking and enjoy its benefits. 

Setting up online banking for mom and dad—start with the basics 

Depending on their comfort level, you may want to start by reviewing some basic digital literacy before diving right into online banking. As mentioned above, there’s so much about the internet that we take for granted, and the elders in your life may benefit a little 101-level introduction to the internet. 

When you’re both confident that their comfort level with the internet is in the right place, you can move on to the next step—making sure mom and dad have solid online protection in place. This is square one before going online, particularly when you’re banking online. Some basic digital hygiene will help protect their banking and finances. Moreover, it will help protect the other things they do online as well.  

The following quick list is a great way to make them far more secure: 

1) Update their software

That includes the operating system of their computers, smartphones, and tablets, along with the apps that are on them. Many updates include security upgrades and fixes that make it tougher for hackers to launch an attack. 

2) Lock up

Computers, smartphones, and tablets will have a way of locking them using a PIN, a password, a fingerprint, or the owner’s face. Take advantage of that protection, which is particularly important if that device is lost or stolen.  

3) Learn about tracking and wiping smartphones

This is important should they lose their smartphone or believe it’s been stolen. Have them turn on device tracking so that they can locate their phone or even wipe its data and contents remotely if they need to. Apple provides iOS users with a step-by-step guide for remotely wiping devices, and Google offers up a guide for Android users as well.  

4) Use online protection software  

Protecting your devices with comprehensive online protection software will defend them against the latest virus, malware, spyware and ransomware attacks plus help steer them clear of phishing attacks and malicious websites designed to steal personal and financial information. Also, make sure it offers a password manager like ours does, which can create and store strong, unique passwords for each of their accounts—alleviating the burden of mom and dad remembering them.  

5) Look into an identity protection service

With all the personally identifiable information (PII) we create simply by using the internet, tracking and monitoring your PII is essential for preventing identity fraud and theft. The same is true for mom and dad. A strong identity theft protection package will offer cyber monitoring that can detect the misuse of your PII. Our identity protection service takes that protection a step further if the unfortunate happens with $1M coverage for lawyer fees, travel expenses, lost wages, and more. 

Take it in steps 

With their devices and PII more secure, you can move on to the banking portion itself. While there’s so much you can do with online banking, it’s a good idea to take things one at a time. Some elders aren’t sure how to sign up for online banking with their financial institution, so you can start there. Take them through the setup process (using that strong, unique password as mentioned above) and simply get them going.  

From there, they can familiarize themselves with the layout of banking site or app they’re using. A straightforward task like checking account balances is a great way to do just that. After their comfort level with the site or app tales root, you can move on to other things they can do online, like pay bills online, deposit a paper check with their phone, and review their statements for any discrepancies. 

Be ready to lend an ear and a hand 

Another thing that may help put your folks at ease is to let them know you’re there to help. Questions will inevitably come up, and it’ll be a great comfort to them knowing that you’re around to lend them a quick answer as needed.  

For example, let’s talk about spotting possible discrepancies in their statements. Some account entries may look a little strange because the name of a business does not always match the way it appears in a bank or credit card statement. This may lead to questions about the purchase—was it something they made? Is it a legitimate charge? These are answers you can help them track down. 

Related, online banking provides our parents with a powerful tool against identity theft and fraud. By reviewing account statements closely, they can potentially spot bogus charges and purchases before they become a larger, and more costly, problem. (For a great primer on the topic, read and share this article that covers identity theft and fraud, along with steps to prevent it.) 

Call on the experts 

Several different banks offer resources specifically for elder bankers. The offerings will of course vary from bank to bank, yet you may find that they have videos and information on their websites designed to make online banking easier. Likewise, they may offer special services that mom and dad may qualify for. In all, feel free to lean on their bank for assistance as needed. They’re there to help. 

You can also look into independent resources as well, such as the AARP and “Ready, Set, Bank,” which both provide a wealth of videos and articles about online banking.   

Helping mom & dad get the most from online banking 

As kids, grandkids, and younger loved ones, there’s plenty we can do to help the elders in our lives enjoy online banking with confidence. Shoring up their security, starting them easy, and then being there to answer questions can help them clear the hurdles of familiarity and trust they face. 

Just as they’ve guided you through the ins and outs of life, here’s a chance to return the favor. What’s more, it’s yet another way you can spend time together, whether in person or over a call. And that’s a good thing. 

The post Helping Mom & Dad: Online Banking appeared first on McAfee Blog.

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