Consumer complaint received 2023-10-02
Company: WELLS FARGO & COMPANY
State: NV
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
On XX/XX/XXXX, a WELLS FARGO Bank voided check ( attached ) in the name of XXXX XXXX XXXX and XXXX XXXX was received and processed by our client - XXXX XXXX XXXX XXXX. 

The check was provided as proof that XXXX XXXX had an account at the WELLS FARGO bank so that any money due to Access from XXXX would be paid into the Wells Fargo account. This was however false, as XXXX XXXX did not operate any active checking or savings account with Wells Fargo Bank at the time. 

The purpose of this request by the fraudulent WELLS FARGO customer to XXXX, was to fraudulently obtain invoice payment due to XXXX XXXX XXXX  via XXXX into the bank account provided on the voided check. 

Even though XXXX XXXX did not have an account at WELLS FARGO, the request was successful, and XXXX paid funds due to XXXX XXXX XXXX into said account which did not exist for Access Healthcare Staffing. 

XXXX confirmed to us via email that their bank had notified them that WELLS FARGO acknowledged receipt of such funds and realized that the account was fraudulent and subsequently CLOSED the account. WELLS FARGO never contacted XXXX XXXX or refunded said funds to XXXX. 

This matter was reported to the XXXX ( police ) once we were notified by XXXX that no other payment would be made to XXXX XXXX to cover the outstanding invoice due, as WELLS FARGO bank did not return the funds to XXXX either. 

At the time, we had contacted WELLS FARGO severally, by phone to its team supervisors, and messaged its online fraud team to no avail. We were stonewalled by the answer that we were not direct consumers, and a police detective was investigating the matter. Wells Fargo refused to provide details or investigate this fraudulent transaction as we ( XXXX XXXX Staffing ) did not bank with Wells Fargo. This was duplicitous, as a check in the name of XXXX XXXX Staffing had been received and banked by Wells Fargo. They failed to flag the account as fraud because We did not have SAID permission. 

Overall, Investigations stalled due to the XXXX pandemic and a change in officers handling the matter at XXXX. XXXX XXXX Staffing is a small business and suffered losses due to this loss of business income. 

Please note that WELLS FARGO bank was used to defraud XXXX XXXX XXXX and XXXX XXXX WELLS FARGO had an obligation to act promptly and swiftly ; investigate this fraud and re-imburse us for the following reasons : a ) The funds were paid by WELLS FARGO into an unmatched account. An EFT issued for XXXX XXXX AND XXXX XXXX XXXX in the amount of {$6400.00} was paid into a personal/ an INDIVIDUAL 's account. 

b ) XXXX is a corporation with a business account and its funds should not have been received into a personal account. 

c ) WELLS FARGO should have had a robust system and/or management process in place to detect fraudulent activities of this nature. 

d ) WELLS FARGO was obligated to reject, hold, review and block the said transaction and return funds to XXXX but failed to do so and hid behind the fact that XXXX XXXX Staffing was not its direct customer. 

XXXX ) WELLS FARGO did not abide by the provisions of the EFT Act of 1978 which protects consumers engaged in financial transactions of this nature and failed to investigate the fraudulent activity. 

Banks are required to investigate reported EFT transactions that defraud consumers. We are aware that our client reported the unauthorized EFT activity of stolen funds to the bank. The bank failed to take any action under the guise that we were not one of its customers. However, its customer used its bank to defraud XXXX XXXX XXXX and XXXX XXXX and WELLS FARGO is liable to refund Access Healthcare Staffing and XXXX XXXX, the sum of {$6400.00} plus interest.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation