Consumer complaint received 2023-06-28
Company: WELLS FARGO & COMPANY
State: NJ
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
I am reaching out to you as due to the unsatisfactory explanations I have received from my local Wells Fargo bank branch in XXXX, XXXX  and the Wells Fargo legal, fraud and escalation departments. I am hoping that you can direct the circumstances set forth in this email to an individual or department that can review the facts set forth herein. Wells Fargo has failed to provide me customer protection and customer service and I am seeking resolution to the mishandling of my situation. 


In the early morning hours of XX/XX/XXXX, my XXXX  XXXX ( XXXX XXXX XXXX XXXX number XXXX ) and wallet were stolen in XXXX XXXX XXXXXXXX. The perpetrator of said crime obtained the phone while it was unlocked and subsequently changed all passwords on the phone including, but not limited to, the Wells Fargo banking application, XXXX password, and XXXX password. A police report and the Internet Complaint Referral Form IC3t was filed. 

After accessing my phone and wallet, the perpetrator withdrew the following amounts : {$1000.00} from ATM XXXXXXXX XXXX XXXX XXXX XXXX XXXX {$3000.00} from ATM XXXX XXXX XXXX XXXX XXXX XXXX {$1000.00} from ATM XXXX XXXX XXXXXXXX XXXX XXXX XXXX {$18000.00} wire transfer {$20000.00} wire transfer {$5000.00} XXXX transfer to XXXX, XXXX XXXX # XXXX The above wire transfers and the ATM withdrawals were reversed as Wells Fargo ( WF hereinafter ) deemed that " after investigation of this claim that an error did occur ''. I demanded a detailed explanation of what exactly the error that occurred was. A larger question, that also requires a detailed answer, is how was there an error in connection with these transfers and withdrawals, but not the two ( XXXX ) wires subsequently discussed in this correspondence. The above transactions were unauthorized and fraudulent and I can not understand how WF is denying my additional fraud claims. 


There were two ( 2 ) additional fraudulent and unauthorized transactions made during the same time period ( after XXXX XXXX  XXXX  on XX/XX/XXXX ). The WF fraud and escalation departments have since denied that these transactions were fraudulent and unauthorized. The two ( 2 ) transactions in question are : {$30000.00} wire transfer withdrawal {$29000.00} wire transfer withdrawal. 

The following facts regarding the two ( 2 ) additional wire transfers were provided by XXXX in WF  Wire Transfer Services in the XXXX area : 1. The fraudulent and unauthorized {$29000.00} wire transfer ( Case XXXX XXXX ) was made at XXXX XXXX XXXX  WF made three recall attempts to XXXX on XXXX, XX/XX/XXXX, and XX/XX/XXXX. 

WF was notified at XXXXXXXX XXXX XXXX on XX/XX/XXXX of fraudulent activity on my account. There were XXXX ( XXXX ) phone calls made to WF from my wife 's phone number by me ( copies of phone record attached ). After attempting to log on to WF from my home personal computer, I quickly realized that the individual who stole my phone was somehow able to change my online password to my WF account. It should be noted that my password had not been changed for many years up until the morning of XX/XX/XXXX. It should seem questionable to the WF fraud and escalation teams that the transactions in question occurred very near to the time my WF password was changed. During my first telephone conversation at XXXX XXXX, a WF representative detailed the transactions that occurred between XXXX XXXX XXXX and XXXX XXXX XXXX. WF was, at this time notified, in no uncertain terms, that these transfers were unauthorized and fraudulent. I also went to the WF branch on XXXX XXXX XXXX, XXXX, XXXX  at XXXX XXXX  to resolve these transactions as soon as the branch opened to handle the fraud. I spent several hours with XXXX XXXX XXXX. 

Despite the fact that WF was made aware of the fraudulent activity on my account before the beginning of the business day on XX/XX/XXXX, the first recall attempt in connection with this wire was not made until XX/XX/XXXX, four ( 4 ) days later. Neither the fraud nor escalation department has provided me with an answer as to why the first recall made to XXXX was on XXXX, XXXX, XXXX. The XXXX wire department should have been IMMEDIATELY alerted to this crime. Again, the transfer was made at XXXX and WF had knowledge of the fraud at XXXX. This is less than XXXX hours after the transaction. WFs failure to act expediently resulted in the loss of these funds. 

In addition, according to XXXX in Wire Transfer Services, XXXX requested a Hold Harmless letter on XX/XX/XXXX. XXXX had still NOT sent requested Hold Harmless documentation as of XX/XX/XXXX. I am looking for an explanation as to why WF failed to submit XXXX 's request XXXX. The fraudulent and unauthorized wire for {$30000.00} ( Case WFW XXXX ) was made at XXXX XXXX XXXX, LESS THAN ONE ( 1 ) HOUR AFTER WF WAS NOTIFIED OF THE FRAUD. A recall request in connection with this transfer was made to XXXX XXXX XXXX on XX/XX/XXXX at XXXX XXXX  EST, after the end of the business day, and another recall request on XX/XX/XXXX. XXXX responded to the first recall ( on XX/XX/XXXX ), on XX/XX/XXXX, the very next business morning. XXXX indicated that it would contact the recipient of the wire and that it was unable to return the funds at said time. XXXX requested that WF fax a Hold Harmless Agreement to XXXX. According to XXXX, WF has not answered the request for the Hold Harmless Agreement. 


XXXX 's response, the very next morning, highlights WF 's neglect. It begs the answer to the question, again, why did WF wait over XXXX days until after the end of the business day to send a recall request when it was contacted at XXXX XXXX. LESS THAN ONE HOUR after the transfer was initiated on XX/XX/XXXX. XXXX responded in less than one business day to the recall. Perhaps if XXXX was notified the morning of XX/XX/XXXX, there would be no claim at issue. 


The times of all phones and actions are important. The wire transfers occurred at XXXX XXXX  XXXX. WF was called ( XXXX ) AT XXXX XXXX XXXX. WF failed to promptly contact XXXX and XXXX regarding these fraudulent and unauthorized transactions. It is egregious and negligent. XXXX and XXXX could have frozen the funds while the banks investigated the wires if they had been immediately notified of the fraud. 


It should also be noted that after almost XXXX years as a client of WF, I have never made a personal wire to any individual. No wires have been made since this time and date. Again, these transactions were fraudulent and unauthorized by me. There were four ( 4 ) wires totaling {$97000.00} were made between the hours of XXXX XXXX  and XXXX XXXX. WF neglected to protect its customer and ask the proper questions or even contact the joint owner of this account. The facts surrounding these wires and transfers are suspicious and WF should have paused these transfers until it could verify the authenticity of these transactions. The timing of the transfers, the amounts in question, the change of password, the use of financial conduits never used prior this small period of time all conclude that these transfers were not made by me. 


As you can imagine, the perpetrator committed additional fraudulent acts. However, other financial institutions have acknowledged the fraud committed and have made me whole. I am baffled that entities that owe me no level of service have worked with me to resolve the crimes committed against me, but WF is hiding behind the terms of a wireless agreement. Please note the information below. 

The perpetrator purchased XXXX through a XXXX account connected to my WF brokerage account. After spending hours at a WF branch and on the phone with WF representatives on XX/XX/XXXX, the perpetrator still was able to gain access to the funds in my WF brokerage account. First, it should be noted that WF  failed to change the brokerage account number on the morning of XX/XX/XXXX. This mistake enabled the perpetrator to use these funds through XXXX. However, XXXX acknowledged that this activity was fraudulent and refunded the money. Attached is the correspondence relating to this matter. How does XXXX recognize the fraudulent nature of this transfer, but WF denied most of the fraud claims? Also, how did WF fail to only change the number linked to my checking account and not my brokerage account? 


The perpetrator was able to open a XXXX credit card using my apple ID and password through XXXX pay. XXXX quickly canceled the credit card and the charges made with this card. XXXX recognized that I am not responsible for the card despite the fact that the person used my phone to open the account. Again, how does XXXX recognize the fraudulent activity and relieve me of the liability of this card, and WF does not acknowledge facts that clearly point to fraudulent activity? 


XXXX issued a check to XXXX XXXX, the same individual listed on the XXXX transfer. Again, XXXX and XXXX XXXX XXXX XXXX were made aware of the crime and refunded the stolen funds from my account. This also leads to the same question, how do these entities acknowledge the fraud, but WF does not? 


There were EIGHT ( 8 ) phone calls made by the perpetrator using my stolen phone to the WF number : XXXX. I have asked to hear recordings of these calls or read the transcripts of these phone calls. The XXXX XXXX  police department submitted a subpoena to WF, but WF claims they no longer have the recordings. A copy of the phone records attached. 

WF spent a total of forty-seven ( XXXX ) minutes on the phone with an individual posing as me and WF likely assisted him make unauthorized and fraudulent transfers.. It is likely that there are some red flags in these conversations indicating that the individual making these phone calls was a criminal imposter. The transcripts of these calls would more likely than not lead to the conclusion that these transfers were fraudulent and unauthorized. It is also disheartening to know that WF continued to converse with this criminal at XXXX, XXXX, XXXX and XXXX after I had contacted WF regarding the crimes committed against me. 


Again, I ask that the Consumer Financial Protection Bureau to please consider and review all of these facts and forward same to an individual or department besides the fraud or escalation department. 
I am the victim of fraud and identity theft and I expect more protection from WF. WF failed to act in a timely manner and failed to question highly suspicious and unusual activity on my account. This is lack of diligence ; this is NEGLIGENCE. WF subsequently denied the fraud claims. Again, I expect more from this institution. 

Wells Fargo legal department has been contacted as well as the Board of Directors on several different occasions. They claim they have followed all procedures and owe no responsibility to me. I have spent XXXX of dollars on legal services. My option is to file suit against Wells Fargo which will cost thousands more. 

I appreciate your review and assistance in connection with this matter. Please contact me at XXXX or XXXX regarding this matter. 



I have attachments that I can provide for any and all fraudulent transactions, phone records, police reports and XXXX Complaint referrals.

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