Consumer complaint received 2021-09-14
Company: ALLY FINANCIAL INC.
State: TX
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
Near the end of XX/XX/2021 I noticed a fraudulent transaction on my account and reported it. When I spoke to the representative at the time, I was advised to review my account thoroughly for any other potentially fraudulent transactions, which I did and again on or around XX/XX/XXXX, I reported additional fraudulent activity to Ally, over {$2000.00} worth. This resulted in first my debit card being shut off and a new card being sent to me ( which has not worked since the day I received it ), and then my account getting shut down and a new account being opened. However, Ally did not shut down the old account timely as I was told they would, and a couple of auto-payments snuck through the old account up to 5 days after it was supposed to have been shut down ( I did everything I could to update all of the bills I have from my old account but as you can imagine, a couple got crossed in the timing ) which resulted in a negative {$160.00} balance. While trying to grapple with everything, missing over {$2000.00} in fraud, and not getting paid timely due to the need for a paper check from my employer, Ally thought it appropriate to cold-call me to have a representative threaten me with account closure if I did not bring the negative balance current. To say I was shocked would be an understatement... I truly felt terrible after this call and was distraught. How were they not aware of the fraud investigation, where was their tact in handling a negative balance account under dispute review? Truly disgusting tactic on their part. 

As I'm sure you can imagine, this has left me in a bit of purgatory when it came to paying my bills, getting my direct deposit from my employer, and having access to my funds. Because of the account closure, I had to re-do my direct deposit with my employer which resulted in a need to send me a paper check due to the timing. I've posted a check from this employer before on or around XX/XX/2021 as they pay the first paychecks via paper check, so this should have been cleared as a viable check/source of funds from that alone. I understand the amount is decently risky for institutions ( around {$4000.00} ) however I've been receiving direct deposits from this employer for 10 months for this amount so this shouldn't have come as a surprise to Ally. I e-deposited the check on XX/XX/2021 and was advised today that I won't have access to those funds for another few days as a result of their check hold policy. I asked for an exception as again, this is not a new employer I'm receiving the funds from and the amount is also the same as my previous direct deposits and very a reasonable basis can be made for releasing all of the funds to me when asked. However, I was told that Ally never provides an exception for their check hold policy, but I know this to be false. They have given check hold exceptions, but only to their wealthy white male clients, I work with one of these men who told me that Ally gave him a check hold exception and he is the one who encouraged me to ask Ally for an exception knowing they have done so in the past. When I told him they refused, he was astounded, and told me if he'd have called in on my behalf they would have released the funds as he is male. 

I've been discriminated against and believe Ally is providing check hold exceptions to whomever they see fit, which does not include me based on my gender and/or income. I further believe their lack of attention to and care regarding my fraudulent activity is going to result in Ally blaming me, the consumer, and leaving me out over {$2000.00} which is a life saving amount of money. I do everything I can to be the best customer possible and only want the best relationship with my financial institution. However, Ally feels cold and distant when it comes to anything their consumers need from them, and it should never feel this way. I told the representative on the phone today that an exception was the difference between me getting kicked out of my residence for violating my lease agreement due to non-payment and she simply continued to recite her script telling me my finds wouldn't be released for another few days. That's how little Ally cares for their customers. 

By the time they respond to this my paycheck will ( hopefully ) be released and available to me, however this has caused undue XXXX and frustrations beyond description. I have suffered fees and a lease violation as a result of Ally lying that they don't provide check hold exceptions. I have gone over a week unable to make bill payments due to the fraud and now as a result of Ally " hanging on to '' my paycheck, something that can quickly and reasonably be verified same-day. All of my accounts are positive and in good standing. There is no reason why I should be getting treated like I'm some sort of criminal doing nefarious activities.

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