Consumer complaint received 2020-08-14
Company: SANTANDER BANK, NATIONAL ASSOCIATION
State: MA
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem with a lender or other company charging your account
Sub-issue: Transaction was not authorized

Complaint:
I have two transactions, both of which occurred on XX/XX/2020 and neither of which were authorized. XXXXne was for {$100.00} and another for {$50.00}. 

On the XXXX, my husband received a text from Santander Fraud asking if we made the {$50.00} charge, to which he replied NO. A fraud advisor called him and he disputed the charge, along with the {$100.00} XXXX XXXX charge. This is a joint account and neither I nor my husband made these purchases/transfers ( one was through XXXX - processed in Texas - we live in XXXX. and another through XXXX XXXX - an app which neither of us have ). We were given temporary credit for both of them, in compliance with Reg. E on the XXXX. 

On XX/XX/XXXX via a form letter that an investigation was performed and they stated that the merchant is correct and they are denying my claim. ( Two letters, stating the same result for both charges ). 

Additionally, the form letter states that the dispute opening date was XX/XX/XXXX, but it was on XX/XX/XXXX. I was not given written confirmation of my error within 10 business days and was not informed within 3 business days. The document they sent has incorrect dates to show they are in compliance, but they are not. I am attaching the cell phone text received on the XXXX. 

On XX/XX/XXXX, I called the number on the form letter ( XXXX ) and after waiting on hold for 31 minutes, talked to a gentleman named XXXX. I asked for a copy of the support they utilized in making this determination, as listed on the letter. He stated he put the request in to their Fraud Department ( evidently he was just the Card Claims ) and I should receive the documents, via paper mail, within 3-5 days.  It is now XX/XX/XXXX and I have not received anything. My guess is because there is no documentation, because the charges are fraudulent. 

On XX/XX/XXXX, both charges were put back on my account. 

Additionally, during this time - though I don't have exact dates, I was issued a new debit card when I hadn't requested one. My card was not expiring and I was given no information as to why it was necessary. 

When I researched the description of the charges online, the XXXX one clearly shows that this is known fraud. And I just do not know the other charge, taken on the same day, most likely by whomever stole my information. 

Santander has never asked me if I want to close my account and open a new one, even when I called to state this was fraud. And now they are saying these charges are valid and they ARE NOT. This is our joint account for our mortgage. Review the account activity, it doesn't fit. We will certify via anything you offer that these charges are not authorized and are fraudulent. 

Santander is proving to be less than helpful and at this point, I'm concerned about my financial information being out in the dark web. As soon as this matter is resolved, we will be closing both the checking and savings account we have with them, but first - I want my money back.

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