Consumer complaint received 2021-02-01
Company: JPMORGAN CHASE & CO.
State: AZ
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
Please see the attached document for the FULL complaint and my interaction with chase for a better understanding. 



Statement of Facts : 1 ) I received an email on XX/XX/XXXX asking me if I attempted to send someone named XXXX {$100.00} I replied " NO ''. You guys then replied back that you would be sending me a new card. This was the first time I ever received an email from chase. I did not get any emails for the XXXX transactions. You may have sent a text message but my phone was stolen along with my wallet and I didnt know it was stolen at the time. 

2 ) Last time I remember using my card was sometime around XX/XX/XXXX at XXXX XXXX XXXX 3 ) I was hospitalized from XXXX XXXX and then XXXX. 

4 ) I did not notice my wallet and my work phone were missing because I was sick and in the hospital for several months. I have two phones : a work cell phone and a personal cell phone. The phone that was stolen was my work cell phone. My wallet was also stolen and it had my debit cards, my ID, My SS Card, everything. ( I stated this on the dispute form that I sent you and made it clear that all three of my cards that were in my wallet had been stolen ). 

5 ) After getting out of the hospital, I filed a police report XX/XX/XXXX and elected to retain victim rights and agreed to press charges 6 ) XX/XX/XXXX The person who committed the crime against me ( XXXX XXXX ) who I do no not know was detained and in police custody which is noted on the police report that I had provided you. 

7 ) After investigating into who this individual was, I had learned that XXXX XXXX is a XXXX  who has just recently been released from XXXX  after committing XXXX, XXXX XXXX XXXX, and XXXX. This information is available on the XXXX XXXX XXXX XXXX XXXX. 

8 ) I did not use and I did not authorize or provide access to anyone my card, my phone, or my pin, my chase login. All Transactions that were made on the account from XXXX on both of my accounts were not made by me. This includes all quickpay and debit card transactions. 

9 ) I attempted to report the unauthorized transactions multiple times but could not get through to the online disputes team. So, I had to send my request through the XXXX. 
10 ) You have denied some of my claims because you state that the card was chipped enabled and is not able to be replicated. - Please refer to my XXXX that clearly states that my wallet which had my debit cards was stolen. I did not have the cards in my possession. 

11 ) You have denied some of my claims because you state that the card was used in my geographical location and pin was used. As I mentioned in previous XXXX  I was hospitalized/ and extremely sick almost the entire time this was going on without my knowledge. I provided dates of hospitalization. I also do not know how to drive. So, making physical purchases or ATM withdrawals, is basically impossible for me to do. I also requested you to pull ATM photos and compare it to my state ID ( NOT DL because again I dont know how to drive! ) I guarantee you that the ATM photos will confirm it was not me who was using my card. For the record, because my wallet was stolen I had to request a replacement ID which I did after I filed the police report. I would be glad to provide this if needed to validate what I am telling you. 

12 ) There is an obvious pattern here with a majority of these transactions. All the Quickpays were sent to the same individual. One of the last debit card transactions that was made fraudulently on my account was a XXXX  Payment of {$300.00} also made to XXXX XXXX. Then he attempted to send himself {$100.00} dollars which was the first and only time that I received an email notification from Chase that was on XX/XX/XXXX. It is extremely clear that XXXX XXXX who police have detained and has a previous criminal record for the same reason has committed fraud against me. Chase was able to finally detect something unusual on XX/XX/XXXX. 

13 ) On XX/XX/XXXX I purchased a work phone replacement through our XXXX XXXX account. The phone that was stolen was an XXXX XXXX and the replacement was an XXXX XXXX and a confirmation of that order was provided to you as well. 

14 ) I have never had any issues like this with any bank before. This has been an absolute nightmare. I honestly feel that the extended hold times and not being able to speak with the online disputes department has really made this headache even worse than what it already is. I have been through so much the last couple of months and almost died several times. Instead of making things easier for me and being there for me as my bank I literally felt that you have kicked me while I was down. You made it impossible for me to open a dispute, you then placed the burden of proof on me, you asked for more and more and more and still denied me. Then you closed my accounts and charged them off even though my disputes were still open. 

15 ) You have not provided me any statements since you charged off my account despite receiving adjustments for the few claims that you approved. 

`16 ) Please see the last response I received from XXXX at Chase Executive Office in regards to my complaint : Company 's Response We aim to give exceptional service and are sorry if we did not meet this goal when you contacted us about your account concerns. As we deal with the spiraling effects of COVID-19, we continue to review what we can do as a bank to remain strong, resilient and well-positioned to support our employees, clients, customers and communities across the globe. Your claim for transactions totaling {$260.00} was approved and the temporary credits issued for the same amount are now finalized. Your claims for a transaction with XXXX of {$100.00} and ATM withdrawals totaling {$1600.00} were denied because your chip enabled debit card was used at a chip enabled terminal, they were done within your geographical location and the PIN was used with no failed PIN attempts. Your claim for an ATM withdrawal of {$400.00} on XX/XX/XXXX, was denied because your chip enabled debit card was used at a chip enabled terminal and was done within your geographical location. Your claim for an ATM withdrawal of {$300.00} on XX/XX/XXXX, was denied because your chip enabled debit card was used at a chip enabled terminal You claim for QuickPay transfers totaling {$1300.00} was denied because the device used to send these QuickPay transfers was used previously to sign into your online account. We opened claims and gave you temporary credits for transactions totaling {$530.00}. A transaction of {$2.00} was refunded by the merchant so we reversed our credit. The rest of the transactions are still being reviewed and the expected resolution date is XX/XX/XXXX. We are enclosing copies of the claim letters for your review. 
MONETARY RELIEF AMOUNT {$260.00} 17 ) My concerns regarding your response are as follows : I tried calling to speak with the agent on several occasions who was handling my complaint with CHASE in executive office and was never able to get a hold of him nor did he return my calls except once which I had missed his call but was days after I had asked that he call me. Chase immediately closed my CFPB complaint and responded without talking to me. I made it very clear when I requested to dispute these charges that my wallet and phone had been stolen. The wallet had three debit cards from Chase, My ID, My SS Card, Etc. This was provided on the dispute form you required for me to send via your secure message center in order to initiate the dispute. I had provided sufficient information to initiate a dispute with your social media agents but they requested me to fill out the form and send it to you. I tried calling in but the excessive hold made it impossible to speak with anyone in the online claims department. Chase has two different departments for claims. The general claims team that handles disputes related to the debit card and the online claims team that handle disputes regarding online transactions. I reported all of the transactions I am disputing on the same date. However, they were not initiated on the same date and I had to make several requests to include them all. The general claims team wouldn't assist me or initiate the disputes when I tried calling in because there were online transactions involved. I was told that it needed to be all handled by the online claims team. That is when I experienced the excessive hold and couldn't speak with anyone from that department. Your claim regarding EMV enabled cards not being able to be replicated is false and you know that but it's not applicable because I told you that the cards that were in my wallet had been stolen. I believe where the confusion is stemming from is the fact that I advised you that on XX/XX/XXXX I received an email asking me to verify if I was trying to send someone {$100.00} from your fraud department. I replied no and you guys sent out a new card some time after. The transactions that were unauthorized were made prior to receiving this replacement which stopped the unauthorized usage. However because I was hospitalized I was not able to look into the matter further at the time from being too ill. I was not aware or able to confirm that my wallet and phone were stolen until I filed the police report which I provided you. 

18 ) Please see the following article regarding chip enabled cards below : Here is the link Deny Dispute if PIN Verified and Chip Read? | Bankers Online Question : EMV chip card read at the ATM. We have the information that the chip was read and now the customer is claiming unauthorized ATM withdrawals. Can we deny this dispute since the pin was verified and the chip was read? Are we still in compliance? 
Answer : Let me run a scenario past you. Customer writes PIN on the card. Not smart, but doesn't eliminate Reg E liability limits if customer notifies of loss or theft in a timely manner. So now, PIN is on the card and it is lost or stolen. Customer no longer has a card in possession, but notifies the bank within 2 business days of learning of loss or theft. Customer 's max liability is {$50.00}, regardless of the fact that the PIN was on the card. 
OK, but what if the customer still has the card in their possession? You would have a stronger case that the transaction was not unauthorized, but what if someone took the card for the transaction in question, then replaced it in the customer 's wallet after the transaction was done? Wouldn't that still be unauthorized? 
Both of these scenarios may reflect negligence, and negligence may cancel any zero liability protections from Visa/MC, but negligence does not counteract Reg E liability limits. 

19 ) Someone Stealing my work phone and wallet from my residence who I never met is not negligence. It is theft and I was not aware of it until I filed the police report which confirms this as well. Not only am I supposed to receive a XXXX dollar fraud liability from the card issuer which you are denying me but I am supposed to be protected under Regulation E and I will not stop pursuing this until I get my money back. 


20 ) I requested to open these disputes all at the same time. It is insulting that you credited a few transactions permanently but not all of them despite the fact that I disputed them at the same time for the same reason. I assume that the reasoning behind that is because you couldn't get the funds from the merchant. That is not my problem and you know that. Regulation E protects me from unauthorized use whether the merchant credits the consumer or the Bank has to. You cant deny my dispute because of that. A Bank would have to credit the consumer one way or another. That is what is considered the cost of doing business and just because we are in a pandemic does not give the bank the right to make assumptions and treat consumers unfairly. That is deceptive and unfair banking practices. 

21 ) I am concerned that after your latest response you sent me on XX/XX/XXXX which is # XXXX and provided above to my complaint submitted to the CFPB XX/XX/XXXX took almost two months. Not only that, but you had charged off and closed my account despite there being disputes that were open as you confirmed. I have not received any statements since before that complaint. I also have not received any letter or any communication regarding my accounts other than your response and the claim letters of the claims that were denied prior to your message. You stated that there were still claims pending and were going to be decided on XX/XX/XXXX. I have not been mailed a letter advising me the results of those claims. The only thing I received were several emails alerting me to letters being available on the account center. I am sure these alerts were sent because letters are being provided electronically but because you charged off my account there is nothing available to be viewed online. So not only are you not mailing me out these letters but you are not making them available to view online. This is also a violation of regulation E. Your alert tells me that a letter is available but when I log in there are no letters I can view. You have charged the account off and not only that but you deleted all the letters you have ever sent me previously. You deleted the statements as well as the secure messages of my communication ( Luckily, I had saved that ). You have not made an effort to upload a decisioning letter online for me to view regarding the pending claims or send me out a statement. That is a violation. I have a screenshot timestamped showing that you provided me nothing about the decisioning of the claims online and you didn't mail me one either. The account was set up for electronic communication which you failed to provide. 

1005.11 of Regulation E States ( 1 ) Written explanation. The institution 's report of the results of its investigation shall include a written explanation of the institution 's findings and shall note the consumer 's right to request the documents that the institution relied on in making its determination. Upon request, the institution shall promptly provide copies of the documents.

Company response to consumer: Closed with explanation