Consumer complaint received 2019-06-22
Company: PNC Bank N.A.
State: PA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
On XX/XX/XXXX, I momentarily lost my phone during the process of renovating my house, and they were many people at my home at the time ( different contractors, electricians, plumbers etc ). After relocating the phone about an hour later, I checked and noticed that there was some unusual activities noticeably with my XXXX   account, which is linked to my debit card. In essence a person used my debit card information without my prior approval. After I retrieved my phone, I noticed that there was a transaction of XXXX made to an individual listed as " XXXX XXXX. '' I not only was a victim of Identity theft but my debit card information was momentarily stolen and unauthorized transactions was made. 
As soon as I realized the error, the first thing that I did was contact my financial institution. My first grievance with PNC bank was that they failed to stop the payment from going through even though the transaction was still pending. I notified them that my information was comprised and although they replaced my debit card the transaction was allowed to happen. My account was never frozen. When I spoke with a PNC representative about the matter, and why is the transaction was not canceled after I made it known that my card information was stolen, she said with the " third party company 'XXXX ', the item has to post before PNC bank can do anything about it '' ; thus violating my protecting under the Electronic Fund transfer Act.The company 's decision to not intervene and allow the unauthorized purchase to go through left me with an undue burden/hardship due to the large amount of money that was processed. 
My financial institution, PNC bank, opened a report and did an investigation. They are now denying my request because the transaction was made through a third party ( XXXX ). 
I am disputing this matter because under the Electronic Funds Transfer Act, I am afforded protection if I am a victim of identity theft or if my debit card number is stolen and an unauthorized transaction was made, al of which pertains to my situation. I also have reasons to believe that the financial institution did not take into full account the circumstances of the fraudulent transaction or that a thorough investigation was made since I was told during my phone conversation with an associate on XX/XX/XXXX around XXXX that " XXXX disputes are routinely denied. '' This was not simply a routine XXXX transaction as my identity was stolen and an individual used my information without my knowledge or approval and made transactions on my behalf with a stolen debit card information. Furthermore, my dispute determination was dated XX/XX/2019 which was beyond the 45 days in which the financial institution has to mail me a determination as I made them aware of the situation and opened up a dispute on XX/XX/2019. 
I was not afforded the protection that I am guaranteed as a consumer nor was my investigation conducted in the time frame allotted.

Company response to consumer: Closed with monetary relief