Consumer complaint received 2023-06-08
Company: JPMORGAN CHASE & CO.
State: TX
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
To whom it may concern, THIS IS NOT A DUPLICATE COMPLAINT. I am requesting to provide new information and evidence to Chase Bank on a previous claim that was closed. I now have recordings of my XXXX calls to the police starting at XXXX XXXX  which I consider evidence of having reported my phone stolen. 

Chase Bank is refusing to return the funds that were stolen from my account using my phone and a stolen debit card. This was allowed to happen due to Chase Bank 's faulty security system. 

I went to XXXX XXXX in XXXX XXXX and was XXXXXXXX XXXX XXXX XXXX  XXXX  XXXX XXXX XXXX XXXX my face was used to unlock my phone. I came to in the vehicle and discovered my phone was missing from my pocket. I saw it in the hands of the person driving the car and took it back, but the people in the car wrestled it away from me. I demanded to be released from the car, but they would not stop. I ended up grabbing one of their phones and jumping from a moving vehicle. By the time I got back to my XXXX  and called XXXX, they had already turned off " find my XXXX '', changed my passwords to banking apps, and changed my XXXX ID I was also separated from my friend so went back on the streets looking for him during the night while calling the police repeatedly I did not realize it until the next day, but they also took a debit card from my wallet. 

I reported my phone stolen at XXXX XXXX  by calling XXXX. By the time I was able to go through the process of acquiring the official XXXX call recording from the XXXX XXXX Police Department, Chase Bank had already denied and closed my claim stating they were ". I would like the claim to re-opened and the XXXX calls to be reviewed. It's clear that I reported the theft to the police before many of the transactions occurred. 

DEBIT CARD TRANSACTIONS : Thieves were able to use my debit card with large sums of cash back at several store locations all night including at XXXX XXXX XXXX XXXX XXXX and others. The total stolen at point-of-sale locations using the debit card is {$6200.00}. It is not clear to me how so much cash back could be allowed at ANY grocery store in the middle of the night, even with " approval '' on a registered device. 

The fact that numerous accounts were being emptied with repeated debit card transactions for hundreds of dollars in the middle of the night in a city where I do not live should have triggered an alert to the fraud department at Chase Bank, even if someone " authorized '' these transactions. Criminals will always authorize transactions using stolen devices. 

ATM WITHDRAWALS : Thieves were able to steal {$4000.00} from my ATM accounts using my debit card. I do not know how they got my pin number, but I assume they figured it out from looking through my phone. However, I also believe it's possible that Chase Bank has an insider helping criminals. 

The reason Chase Bank gives for not refunding my money is, " We denied these claims because we sent a text message to a signer on the account, and they confirmed the transactions were valid before we approved them. '' After months of calling and trying to get more information, I learned from the Chase Bank Fraud Claim Department that the signer they are saying authorized the transactions was XXXX XXXX XXXX. XXXX is my sister and is on this account, but she was home in bed in Texas in the middle of the night, and did not authorize these transactions. Chase Fraud Claims Department states that the transactions were authorized by the phone number belonging to XXXX XXXX. This is a FABRICATION. She did not receive or approve text messages during the night, and they will not or can not provide proof that she responded to any texts approving these transactions. 

This message was not sent to XXXX 's phone, and it was not sent to a " signer. '' It was likely sent to my phone that was authorized with Chase Bank, but which was stolen and which was reported stolen at XXXX XXXX. 
Naturally, a criminal who has stolen a phone with full access to it is going to " authorize '' the release of funds since they want to steal that money. 

The fact that numerous accounts were being emptied with repeated ATM withdrawals for hundreds of dollars in the middle of the night in a city where I do not live should have triggered an alert to the fraud department at Chase Bank, even if someone " authorized '' these transactions. Criminals will always authorize transactions using stolen devices. 


XXXX XXXX TRANSFERS : Thieves were able to steal XXXX from my checking account by creating a new XXXX XXXX account and transferring funds from my Chase Bank checking account to that new XXXX XXXX account. The criminals changed my XXXX ID password and associated the XXXX ID and XXXX XXXX account with their own phone. This transaction was allowed to take place on XX/XX/2023, which is 5 days after our account had been frozen due to other theft related to the same criminal activity in XXXX XXXX. Chase Bank was fully alerted of the theft and frauduletn activity on the morning of XX/XX/2023. I do not understand why they allowed this further theft to occur. 

The response from Chase Bank is very confusing, and doesn't explicitly state that XXXX XXXX refused my claim. The response states, " We reviewed your claim XXXX for the transactions with XXXX XXXX totaling {$4900.00} which debited your account ending in XXXX on XX/XX/2023. We issued a temporary credits totaling {$4900.00} to your account on XX/XX/2023. We denied the claim because the merchant provided evidence that you were charged correctly and we removed our temporary credits on XX/XX/2023. We also show that the merchant returned the credits to your account on XX/XX/2023, totaling {$4900.00}. '' This implies the funds were returned to my account, but they did not mention that they were debited from the account again on XX/XX/2023. I believe this was in error. 

The Chase Bank fraud claim representative stated that XXXX XXXX had done their own investigation and determined that the funds were not returned to my account because they didn't have evidence of a crime taking place. I was told I would have to contact XXXX XXXX for more information about their investigation. When I called XXXX XXXX, I was told they do not do any investigation but rather Chase Bank would have done the investigation and that I have a right to the details of that investigation. They stated they did not explicity deny or approve anything related to my transactions. 

I would like Chase Bank to provide me with copies of all evidence gathered in the fraud investigation, and I believe I have a right to it. This includes any records showing that XXXX XXXX or their partners provided a denial of my claim, and any text messages or other information approved the transfer from my Chase Bank checking account to the XXXX XXXX account set up by criminals. 

After calling XXXX several times during the night, I was finally able to file a police report the next day. I also filed a complaint with the FBI in person at the XXXX XXXX office. I have provided the police report stating my phone was stolen and that financial crimes occurred. I have provided the FBI contact information to Chase Bank as well, but they have not called him. I have provided dozens of documents showing the lock code being used by me at the XXXX throughout the night, phone call records to XXXX, my wife, etc. Frantic texts from my friend who realized I had been XXXX, etc. 

For the record, an Chase Bank employee with the title " Vice President '' told me XXXX 's security " sucks '' and until XXXX understands this sort of fraud with stolen phones, a whole lot more people are going to get ripped off. 

I would like to know if XXXX fraud claim investigators reviewed video footage from the XXXX ATMs ( or others ATMs ) showing who made the ATM transactions? If not, why not? If so, who shows up in the footage? It was not me or any other authorized account holder. It was a criminal. 

Chase Bank fraud claims representatives did not call the FBI according to the special agent working on my case. By calling the FBI, XXXX representatives could gain further assurances that I am a victim of kidnapping and theft. Why haven't XXXX representatives working on my claim called the FBI and inquired about my case there? I provided the contact information early on. The FBI case and XXXX XXXX Police Department case are still active, and I do hear from these authorities with some information on occasion. As of yesterday, XX/XX/2023, I was told by an FBI special agent working my case that there is criminal litigation in the works. How will it affect my claims to Chase Bank if there are criminal charges brought against my kidnappers? I expect that a guilty verdict for the crimes against me should reverse any decisions denying my claims. I do not want to wait for that resolution, as it's obvious that I was the victim of fraud, and that Chase Bank 's security failed me. 

I will continue to pursue this matter until all of the funds stolen from my Chase Bank accounts are returned to me. 

Thank you, XXXX XXXX XXXX

Company response to consumer: Closed with explanation