Consumer complaint received 2023-07-09
Company: TRUIST FINANCIAL CORPORATION
State: FL
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Funds not handled or disbursed as instructed

Complaint:
To Whom it May Concern, We had a personal checking account with Truist bank in XXXX XXXX FL. We originally opened our business checking and savings accounts and our personal checking and savings accounts with SunTrust Bank, the predecessor company, in XXXX. We maintained and used these accounts continuously. Due to fraud activity in our personal account and Truist banks delays in resolving the matter, we moved our business to another institution and closed the accounts. We requested this account be closed in XX/XX/XXXX. Truist bank has been mailing checks from this closed personal checking account every week. They refuse to stop. 
We experienced some problems with unauthorized transactions in our personal checking account beginning XX/XX/XXXX, as referenced in a previous Consumer Financial Protection Bureau ( CFPB ) complaint number XXXX. Truist refused to resolve our issue until we filed a complaint against them with the CFPB. and after it was resolved on XX/XX/XXXX, we withdrew the funds and asked them to close the personal checking account in XXXX of XXXX. We have a letter from Truist confirming return of the funds from the unauthorized transactions in the amount of {$560.00}. This letter is Exhibit A. We also closed our other both savings accounts and business accounts in XXXX. 
Instead of honoring our request to close the personal checking account, they kept sending automatic payments from this account with no funds in it through their Bill Pay function out by check every week. We had stopped using the account. These checks are a weekly payment of {$20.00} to XXXX XXXX XXXX at our checking account at XXXX XXXX XXXX XXXX. The credit union gives us the checks when we visit. We have those checks, and we can submit the copies as evidence. Truist has also, despite our stop payment requests, been sending {$8.00} monthly to XXXX XXXX XXXX for a dental insurance policy resulting in confusion for the insurance company. We have a spreadsheet showing every payment made after our request to close the account and all the NSF fees they generated. These fees are the result of the bank sending payment from account that we requested they close and stop sending payment out of it. This spreadsheet is Exhibit B. We have a file of copies of every email they sent to us indication the payments were sent. This file is Exhibit C. 
We asked the Truist branch people to stop. They said we must go to the website. The website would not allow us to because the account has a negative balance because of the previous unauthorized debit problem. The website said call the number. We call the number, and nobody would talk to us, and we're told to go to the website. Truist gives us no way to stop these automatic payments. At this point, we consider these payments to be unauthorized transactions, because we requested that they close the account, and we stopped using it. We have a screenshot of their website indicating this. It is Exhibit D. Truist sent a letter XX/XX/XXXX, indicating the account is closed, but they did not say when it was closed. The letter demands we pay NSF fees for these checks they have been sending despite our request that they stop sending them. Exhibit E. They sent another letter XX/XX/XXXX, offering to settle the NSF fees in XXXX. Exhibit F. We responded to Truist about this problem XX/XX/XXXX. Exhibit G We have one check number XXXX Dated XX/XX/XXXX, that was returned for non-sufficient funds, and Additions Financial stamped the words ACCOUNT CLOSED on the top of the document. This check copy is Exhibit H. 
Truist bank is deliberately sending checks from an account they know they closed. This is possibly a violation of Florida Statute 655.0322 ( 3 ) ( c ) ( d ) as follows : FS 655.0322 ( 3 ) A financial institution-affiliated party may not : ( c ) Knowingly make, draw, issue, put forth, or assign any certificate of deposit, draft, order, bill of exchange, acceptance, note, debenture, bond or other obligation, mortgage, judgment, or decree without authority from the board of directors of such financial institution. 
( d ) Make a false entry in any book, report, or statement of such financial institution, affiliate, subsidiary, or service corporation with intent to deceive or defraud the financial institution, affiliate, subsidiary, or service corporation, or another person, firm, or corporation, or with intent to deceive the office, any other appropriate federal or state regulatory agency, or an authorized representative appointed to examine the affairs of the financial institution, affiliate, subsidiary, or service corporation ; I suspect their activity has negatively affected our credit rating. I believe this because all my credit card interest rates have increased, despite us never being late on a payment, and our auto insurance rates have increased about 20 %. XXXX XXXX XXXX will not confirm or deny whether the rates were raised due to our credit rating. 
In XX/XX/XXXX, we visited their branch in XXXX, and they gave us a printout of statements for the year XXXX, indicating the account closed as of XX/XX/XXXX, and no further activity shown. The copies of the statements are Exhibit J. They gave us no record of the checks they have been mailing and continue to mail every week. We have those checks. I think they deliberately withheld relevant information. 
We request the following. Truist Bank must cease and desist sending out checks and payment from this closed account, provide to us full disclosure of all payments sent out after XX/XX/XXXX, dismiss any NSF fees and other fees to the account, and place a letter in every credit reporting agency file explaining that Truist, not us, caused this problem, take positive action to correct all negative or derogatory information in all the credit reporting agencies, and provide to us written proof they have fully complied with these requests in a timely manner. 
We have reason to believe that the XXXX XXXX Branch ManageXXXX *** may have unique knowledge of this problem with our personal checking account. The problems with Truist started when we applied for a commercial loan on XX/XX/XXXX. We spoke with his assistant *** in the XXXX XXXX branch who told us we had a derogatory credit report. She could not explain why. We got our own credit reports and we both had good credit ratings. At a second meeting we showed these reports to XXXX XXXX who disregarded the reports, repeating that we had derogatory information on our credit reports, which was untrue. All he could show us was XXXX late credit card payment XXXX years prior. XXXX XXXX refused to give us a printout of our credit application. His reason was that he could not give it to us because it has our social security numbers on it. When I told him XXXX had emailed it to me, he was visibly upset about that. It appeared he did not want us to have a copy of our credit application. We have a copy of the application available if it is required. 
Exhibit List A-Case resolution letter B-Bill payment spreadsheet C-Emails from Truist XXXX re : can not access the account. 
E-Letter demanding NSF fees. 
F-Letter regarding settlement of NSF fees XXXX 
XXXX XXXX XXXX to Truist XX/XX/XXXX H-Copy of check XXXX with ACCOUNT CLOSED stamped on it. 
H-Copies of checking account statements XXXX through XX/XX/XXXX Sincerely,

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