Consumer complaint received 2019-04-15
Company: SUNTRUST BANKS, INC.
State: GA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
Before I begin, here is the overview. A fraudulent check for {$3600.00} was deposited through a Suntrust ATM using my XXXX XXXX stolen debit card. It was withdrawn the next day sending his account into arrears. My daughters name is on the account with him as he is a XXXX. Without notifying us, Suntrust took the amount in arrears, {$2700.00}, out of my account because my daughters name is on it as well. 

This is what happened. My daughter and her XXXX year old XXXX had an account at Suntrust in which his paychecks were direct deposited. The evening of XXXX, she was checking his account as she routinely does, and she noticed a {$3600.00} deposit had been made. The very next morning there was a debit transaction of {$2900.00}, which was less than 12 hours later. Upon talking with him and making inquiries, he had misplaced his debit card and believed it was stolen at school. My daughter notified the bank on XXXX. Suntrust fraud department said there would be a 10 day investigation. After 10 days, she received an email stating the claim was denied due to discrepancies. My daughter asked for copies of their evidence and reasoning for denial. When my daughter received a copy of the deposited check, the signatures were not a match, where you fill in PAID TO THE ORDER OF the suspect wrote out money amount, and THE WRITING OF THE MONEY AMOUNT was the name. The check was filled out incorrectly and never placed on HOLD. My daughter then filed a police report and an appeal at the recommendation of Suntrust. On XXXX, without notifying us, Suntrust did a bank assisted draft for the amount in arrears, {$2700.00}, from my account to recover their loss. 

Suntrust told her that the appeal process would take 45 days. During this time, my daughter made several attempts to find the location of ATM deposit and debit card transaction at the request of the sheriff 's office. Suntrust refused to identify where this terminal was. It wasn't until my daughters third attempt and speaking with a manager that she was able to find the ATM location. Come to find out, the ATM ID is stamped on the back of the deposited check! After finally getting the ATM ID and location, my daughter notified the detective with the sheriffs office assigned to her case. The detective was able to retrieve ATM footage which ultimately lead to identifying and arresting a suspect. XXXX days after the appeal was made, XXXX, my daughter made a phone call to follow up with Suntrust. She received an email less than 24 hours later denying the claim again with no explanation. We are still waiting for the evidence to be mailed to us on the appeal. 

Being a senior citizen, I have my daughter on my account at Suntrust. Suntrust used that to conduct a bank assisted draft of {$2700.00} from my account. I became aware of it when I checked my account. When I went in to talk to them, they couldn't assist. Whomever was present was incompetent. 


Suntrust also took two of his paychecks, charged him NSF fees and returned item fees as well. It amounts to approximately {$360.00} from his account. Suntrust said the case is closed and there be no further action! The case has been sent to judicial court and the attorney on the case has stated that my money that was " BANK ASSISTED '' is an issue between Suntrust and myself. Suntrust is stating it would be a civil case against the suspect and there is nothing they can do. However, we feel that Suntrust NEVER conducted a real investigation on this fraudulent activity. They just denied it and took my money. Suntrust refused to call the detective with the sheriff 's office. Suntrust also closed this case before the detective was done investigating. Denial for the appeal form was emailed on XXXX. The sheriffs office called on XXXX saying they recovered ATM footage. XXXX was called in by the detective to look at the ATM footage on XXXX and he positively identified the suspect, whom is a student that attends his school. The suspect was arrested, and felony charges have been filed. Suntrust still will not accept this as evidence to refund my money. Instead, Suntrust decided to close this case before the investigation was completed. 

My daughter and I talked to the attorney on the case in XXXX XXXX last week. She let us know that WHENEVER they go to court, they would be pursuing the {$360.00} associated with the XXXX 's debit card. The debit card is in his name only so it will be the only thing they can pursue. The attorney let me know that the bank assisted draft is an issue between Suntrust and myself. Apparently, to retrieve my money back, I will have to pursue a civil case against Suntrust. I am not sure where to go from here. Thank you.

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