Consumer complaint received 2022-12-27
Company: FULTON FINANCIAL CORPORATION
State: PA
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:
XX/XX/22 XXXXXXXX XXXX approximately Phone call received from XXXX XXXX XXXX bank on XXXX XXXX number. An unidentified woman asked if we had written a check for {$7800.00} to XXXX XXXX. We knew nothing about this check and did not know XXXX XXXX. 
XXXX We tried to call Fulton Banks customer service line to report possible fraud. However, the center closed at XXXX on Saturday and did not reopen until Monday XX/XX/22 at XXXXXXXX XXXX XXXXXX/XX/22 XXXXXXXX XXXX  We called the customer service call line at Futon Bank to report possible fraud. We related the incident of XX/XX/22 and the woman said she did not see any evidence of other fraud on the account. She said she would put a suspicious activity note in the file XXXXXXXX XXXX The US mail arrived and it contained a notice from Fulton Bank of two overdrawn checks on the account, checks XXXX and XXXX, which had a combined total of {$180.00}. Each check had incurred an overdraft fee of {$39.00}. An examination of the checkbook register indicated that there was a balance of over {$7000.00} remaining in the account at that point. 
We went to the nearest Fulton branch and met with the manager. A review of the account indicated that two fraudulent checks had been processed by Fulton bank. One check, XXXX, was remotely deposited at XXXX XXXX XXXX by XXXX XXXX for the amount of {$7800.00}. The second check for {$2400.00}, check XXXX, was remotely deposited at XXXX  XXXX XXXX by XXXX XXXX. It is unclear what the date of deposit for check XXXX was, but check XXXX clearly shows the deposit date of XXXX/XXXX 
For the record, the two legitimate checks were written and mailed on XX/XX/22. Check XXXX was written to the XXXX XXXX XXXXXXXX for the amount of $ XXXX XXXX was made to XXXX ( XXXX XXXX XXXX ) for {$50.00}. Both checks were placed in the US mailbox in front of XXXX XXXX XXXX XXXX in XXXX, PA. 

The branch manager had both the joint account holders ( husband and wife ) sign the paperwork for fraud resolution through Fulton Bank. At that time, she froze the current checking account, set up a new account, and told us that we would be reimbursed after Fulton Bank was reimbursed by the other banks. She warned that XXXX  XXXX XXXX was particularly slow in remitting money and that it could be as long as three months before restitution. She said that the overdraft fees would be reimbursed at the time that the fraudulently dispersed money was returned to our account ; so that would be after Fulton Bank was reimbursed by the other banks. 

XXXX approximately We filed a fraud report with the local police department and put a credit freeze on the three national credit reporting agencies. 

XX/XX/22 XXXX We received a phone call from XXXX XXXX fraud department phone line of XXXX XXXX XXXX from a woman named XXXX. She said that XXXX XXXX was a customer that she was working with at the bank. ( He had actually been there ). He was trying to deposit the check numbered XXXX for $ XXXX something to his account. ( Fraudulent amount on that same numbered check was {$7800.00} when he deposited it remotely before ). XXXX asked us to verify the check, and we told her of the previous fraud. XXXX said that XXXX XXXX would close his account. 
XXXX XXXX We emailed XXXX XXXX, the branch manager at Fulton Bank, to notify her of the recent development. The next day XXXX XXXX responded and said not to worry because although the account remained active in order to process the last legitimate checks written on it, the account was frozen and no new charges would be processed and no more money could be taken out of the checking account. 

XX/XX/22 Two letters, dated XX/XX/22, were received via US mail from Fulton Bank ; one for each of the fraudulent washed checks. Both are entitled Altered check incident # XXXX XXXXXXXX. One is in reference to the {$7800.00} deposited to XXXX XXXX XXXX, and the other is in reference to the {$2400.00} deposited at the XXXX  XXXX XXXX. Each letter states, As a courtesy to you, Fulton Bank has provisionally credited your account for the amount of This means that the bank may debit your account for the amount credited at any time should the Bank fail to receive timely payment from the bank where the item was deposited. The letter concludes that the bank has the authority to do this without advance notice for any amount for any item that is returned unpaid ( or that it is notified will be returned unpaid ) because it is stated in Paragraph 59 ( c ) of the Banks Rules and Regulations for Deposit Accounts ; a copy which was furnished to us when we opened the account with the bank. 
It is important to note that neither of the letters makes any reference to restitution of the two overdraft fees of {$39.00} each that were taken from our account when our legitimate checks were refused after the fraudulent checks were processed by Fulton Bank. 

For the record, I am unsure if we received this paperwork from Fulton Bank because the original account was set up decades ago with the XXXX XXXXXXXX XXXX  XXXX XXXX which in turn became the XXXX XXXX XXXX  before it became Fulton Bank. 

Regardless, we are disputing the " provisional '' refund because we believe they are legally required to refund the money and also the {$78.00} the bank charged for overdraft fees following their processing of the fraudulent checks.

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