Consumer complaint received 2023-03-15
Company: PNC Bank N.A.
State: MD
Product: Checking or savings account
Sub-product: Savings account
Issue: Managing an account
Sub-issue: Funds not handled or disbursed as instructed

Complaint:
Complaint against PNC Bank. 

Part one PNC Bank Failed to check if contract valid, and failed to block the illegal charge after I requested, which caused me {$1100.00}, possible {$1300.00} loss. 

My son and me signed up membership of XXXX XXXX XXXX XXXX, MD, in XXXX XXXX with a monthly payment of {$79.00}. They asked my PNC bank account information to directly charge my bank account in order to get discount. ( See the agreement/contract ). I didnt know the risk of being charged by XXXX XXXX without my consent. 
In XX/XX/XXXX, the club was closed due to Covid 19 pandemic emergency, and froze all membership. On XX/XX/XXXX, I received an email notice from XXXX XXXX XXXX, saying that they would reopen on XX/XX/XXXX. Because I was close to XXXX ages old, high-risk group to Covid-19, I didnt want to take risk. I sent request to XXXX XXXX immediately, asking to keep my account frozen. I received the confirmation email from XXXX XXXX XXXX on the same say ( see XXXX XXXX  confirmation of receiving my request ). 
In order to avoid XXXX XXXX continuing charging me, I checked my bank account for the following 6 months, didn't see new charge from XXXX XXXX, I stopped checking. 
However, XXXX XXXX, XXXX, I was shocked to find that XXXX XXXX XXXX had charged me without notice on my PNC bank account since XXXX, XXXX, 18 months ago, {$1400.00}, plus {$69.00} charge on XX/XX/XXXX, total amount is {$1500.00} ( see XXXX XXXX illegal charges from XXXX, XXXX to XXXX XXXX ). The {$190.00} is not included, I will explain later. 
I immediately called XXXX XXXX XXXX XXXX, asked why they charged me without notifying me? The front desk man told me that the frozen account would be automatically unfrozen in 3 months, which is not completely right ( See Inactive term in agreement/contract ). I told him that it was still in pandemic emergency, you cant force a normal agreement. He asked me to send email to XXXX, I did, and also sent email to XXXX, asked " stop charging and refund my money ''. ( see emails of asking to stop charging and refund my money ). 
XXXX XXXX, XXXX, I called PNC bank, reported what happened and asked PNC to block the payment to XXXX XXXX. PNC bank representative told me that PNC bank would do investigation, needing about 10 days. The lady of PNC bank put the rest 18 payments on dispute, but missed an extra {$69.00} charge on XX/XX/XXXX, which allowed XXXX XXXX to charge me {$190.00} on XXXX XXXX, XXXX illegally again ( See XXXX XXXX illegal charges from XXXX, XXXX to XXXX XXXX ). 
I sent a follow-up email to XXXX on XXXX XXXX, XXXX ( see follow-up email on XXXX XXXX, XXXX ), I pointed out that we are still in pandemic emergency ; I never received any notice from XXXX XXXX about unfreezing my account ; I was one month to XXXX XXXX XXXX when XXXX XXXX reopened my membership without notice ; you received government aid, which is not allow you to force seniors back to take risk. 
In this email, I asked to cancel my membership too, XXXX XXXX did send an email on XXXX XXXX, XXXX for leaving XXXX feedback ( see After cancellation, XXXX sent a survey email ), which indicates that my membership was cancelled. 
All the above information I reported to PNC bank by phone and by email. 
PNC bank credited 5 payments back to me, total {$390.00}, but 13 payments plus {$69.00} are not credited back, total {$1100.00} not refunded by XXXX XXXX, and not credited by PNC bank at the time : XXXX XXXX, XXXX. 
Because PNC bank didnt block XXXX  XXXX XXXX allowed it to charge me {$190.00} on XXXX XXXX, 9 days after I called PNC bank to block XXXX XXXX on XXXX XXXX, XXXX, and 7 days after I cancelled my membership. 
I complained to PNC bank about this new illegal charge, PNC bank put the {$190.00} as dispute credit. I have not received the final notice on the credit, PNC bank may revoke the credit back. Then the total lost would be {$1300.00}. 

I am here to complain PNC bank failed to follow the laws to protect my money in PNC bank account. The reasons as follows. 

XXXX, PNC bank failed to check if the agreement I signed with XXXX XXXX in XX/XX/XXXX was valid when XXXX XXXX suddenly recharged me in XXXX, XXXX. 
When a contract payment stopped for 18 months, suddenly the business charged again, which is automatically a warning sign : is it a new contract or old contract? New contract needs to be verified with another side, old contract after 18 months no payments is still valid? Besides, Maryland law doesnt allow health club to have automatic renew clause in contract ( see attachment ). the old contract was expired according to the law, PNC bank has obligation to verify the contract valid by checking with me. But PNC bank did nothing, but treated it as valid contract, and allowed XXXX XXXX to charge me based on void contract without checking with me. 
In addition, even if PNC bank believed that the agreement was valid, the Inactive Term in the agreement, the cause of freezing the membership was due to the covid -19 pandemic ( normally is disability or illness, pandemic is even worse than that ), based on the Inactive term of the agreement, the cause covid 19 pandemic was still not over, and I was XXXX XXXX XXXX, XXXX XXXX would not have right to charge me without my consent and the fact that we have never gone back to XXXX XXXX after it closed in XXXX, XXXX. 

XXXX, PNC bank failed to block the XXXX XXXX after I reported on XXXX XXXX about XXXX XXXX illegal charges and requested PNC bank to block any charges from XXXX XXXX immediately. PNC bank didnt block XXXX XXXX XXXX allow it to charge me {$190.00} on XXXX XXXX, XXXX, which is violating the law. 

Part Two PNC bank put our money in active account to abandoned and unclaimed property account without checking with us. 

I opened my accounts with PNC bank in XXXX, XXXX in New Jersey, until today we have been with PNC bank for 20 years. My son and me moved to Maryland in late of XXXX, XXXX, my wife still lived and worked in XXXX. I opened an individual money market account under my savings some time XXXX. In XX/XX/XXXX, my wife and me went to PNC bank, XXXX, MD, to convert this account into joint account. With helped by PNC bank clerk, we showed our identifications, and filled out forms, and signed. The new joint account number is XXXX, with {$180000.00} amount. 

Sometime in middle of XXXX XXXX, lady from PNC bank, called me, and told me that my money market fund has no activity for long time ( 3 years ), by Maryland law, which is unclaimed abandoned property, PNC bank put the money to Government account. This shocked me. 

XXXX, The money market fund was just changed from single account to joint account on XX/XX/XXXX, about 70 days ago, it is a new account. Or if count as a continuing account of the individual account, how could the conversion of the account be not an activity? 

XXXX, Our joint checking account under both our names has been active for 19 years, about 10 or more transactions per month. Anytime, I opened my PNC accounts online, I access the checking and savings accounts in the same page. How could PNC bank treat the savings account under the same names in the same page as " Abandoned property ''? 

3, I read Maryland law, the " unclaimed or abandoned property '', is the property or bank account without activity in three years or more, and bank tried all the ways to find the owner ( s ) in at least 3 months, but failed to find the owner ( s ). I have never received email, letter, or any message from PNC bank until the phone call from PNC in middle of XXXX, XXXX. 

All above show that PNC bank didnt follow the laws to handle our money, after I complained, PNC bank put the money back, but didnt say they did wrong in the case closed notice to me. 

The mishandled our money shows that PNC bank didnt follow the laws, which is a long- standing problem, not accident. Therefore, it is clear that PNC bank ignored to check the validation of the agreement ( contract ), to allow the charges from XXXX XXXX by a void contract, which is not an accident but a pattern of law violation. 

( The attachment information I already sent to PNC bank by emails. If CFPB needs the information, I could provide upon request )

Company response to consumer: Closed with explanation