Consumer complaint received 2023-06-16
Company: JPMORGAN CHASE & CO.
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
On the afternoon of Thursday, XX/XX/XXXX, I was at the supermarket and received a call from a number with XXXX as the caller ID. They asked me if I had used my card at a XXXX for XXXX dollars. I said I had not, and he said that XXXX would move forward with canceling my debit card to protect me. He asked for my full name, my address, my card number, and the PIN number. Because I was frazzled about possible card fraud, I didnt realize what was happening, and I gave the PIN number. 


For the next three days, I checked my Chase app to see if there was anything wrong, and everything seemed fine. Five days later, on XX/XX/XXXX, all of a sudden, XXXX ATM XXXX XXXX  withdrawals in my checking account, and XXXX taken from my savings account the same way. a total of {$11000.00} withdrawn on the date of XX/XX/XXXX by the Identity thief. I also saw a {$400.00} charge for a fitness company on my credit card. I had not given any credit card information in the phone. 

I had gotten no alerts from Chase about this, so I immediately called Chase using the number on the back of my card. I was transferred to the fraud department, who let me know that there was no XXXX transaction on the XXXX, that my original debit card had not yet been cancelled, and I was most likely robbed. 
After getting all the money conditionally returned to my accounts, I have spoken to a total of twenty people at Chase bank. They closed the claim last week and decided not to give me any of my money back, because I had authorized the transactions by giving my PIN number to a " merchant ''.

Chase insisted that it was not their fault even though I got zero alerts when this repetitive fraudulent activity was happening, the bank itself did not catch the repeated ATM withdrawals, and the ID thief used the same language as the actual bank does. Worst of all, when one calls the number that the scammer called from, it goes to Chase menu, just like when you called the bank ( someone else called to check for me after this happened ).

Under Regulation E, I should be protected : An unauthorized EFT is an EFT from a consumers account initiated by a person other than the consumer without actual authority to initiate the transfer and from which the consumer receives no benefit. 12 CFR 1005.2 ( m ). Unauthorized EFTs include transfers initiated by a person who obtained a consumers access device through fraud or robbery and consumer transfers at an ATM that were induced by force. Comments 2 ( m ) -3 and 4.

Regulation E defines an unauthorized EFT as an EFT from a consumers account initiated by a person other than the consumer without actual authority to initiate the transfer and from which the consumer receives no benefit. 12 CFR 1005.2 ( m ). Comment 1005.2 ( m ) -3 explains further that an unauthorized EFT includes a transfer initiated by a person who obtained the access device from the consumer through fraud or robbery. Similarly, when a consumer is fraudulently induced into sharing account access information with a third party, and a third party uses that information to make an EFT from the consumers account, the transfer is an unauthorized EFT under Regulation E.

attached documents are : evidence of the calls from the ID thief, including the Caller ID evidence of all the withdrawals happening in one day in amounts of {$100.00} that i got no alerts from the bank about.

Company response to consumer: Closed with monetary relief