Consumer complaint received 2018-01-04
Company: JPMORGAN CHASE & CO.
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
Summary of Incident : During a business trip in XXXX XXXX on XX/XX/XXXX my entire wallet with two Chase debit cards, two Chase credit cards, my California drivers license, two cellular phones ( work and personal ), and my checkbook were stolen. When I realized that my items had been stolen, I used a computer to check Chase online and discovered that there were numerous fraudulent charges on my accounts. I contacted Chase and alerted them to the fraudulent charges within hours of the time that the charges occurred. Upon checking my e-mail, I discovered that Chase had sent me six e-mails related to attempted fraudulent activity on my accounts in the early morning of XX/XX/XXXX. These attempted charges had been recognized by Chases system as potential fraud and were denied. However, I was unable to receive these e-mails or any other Chase alerts ( e.g., text messages ) due to both of my cellular phones being stolen. Among the e-mails notifying me about the suspicious activity on my accounts, one was sent on XX/XX/XXXX at XXXX XXXX alerting me to a declined transaction at XXXX in the amount of {$4200.00}, and another e-mail was sent on XX/XX/XXXX at XXXX XXXX alerting me to a declined transaction at XXXX in the amount of {$1000.00}. 

While Chases fraud prevention system correctly recognized and declined attempted fraudulent charges at XXXX on two of my accounts, three unauthorized transactions were approved on my other checking account. The three consecutive charges occurred on the morning of XX/XX/XXXX at XXXX in the amounts of {$4800.00}, {$5000.00}, and {$7000.00}. I did not make or in any way authorize these transactions. 

After alerting Chase to the fraudulent charges via phone and putting holds on all my Chase accounts, I went to the XXXX XXXX XXXX Police Department to file a report about the theft of my property and the unauthorized transactions on my Chase accounts. On XX/XX/XXXX, my wife and I closed all of our Chase checking and savings accounts and opened up new ones to guard against further fraud. When opening our new accounts, I also filled out and signed a Customer Questionnaire with answers to Chases questions about the fraudulent XXXX charges. 

Upon filing claims with Chases fraud department on XX/XX/XXXX and XX/XX/XXXX, I received correspondence letting me know that temporary credits were applied to my compromised accounts for the disputed charges. Since that time, I received numerous letters from Chase letting me know that it researched claims that I had submitted for unauthorized credit card and debit card transactions at various businesses and ATMs, and Chase agreed they were fraudulent. The letters also indicated that the temporary credits placed on my accounts for these charges were now permanent.

While the majority of the fraud claims I submitted to Chase were rightfully honored, I received a letter from Chase on XX/XX/XXXX, dated XX/XX/XXXX, alerting me that Chase will be removing the temporary credit on my account totaling {$16000.00} on XX/XX/XXXX. I immediately called Chases fraud department and asked why my claim was being denied. The woman I spoke with said that the review was final and that there is nothing further I can do about it. I asked her to send me written documentation of the reason my claim was denied, and she said that she was unable to provide me with this information. After a long conversation, she spoke with her boss and agreed to send the documentation via U.S. mail. She also said that I could call again during regular business hours and request to speak to a senior analyst for further information. 

It is unconscionable that Chase would deny my claim for fraudulent charges in the amount of {$16000.00} for a variety of reasons : 1. Chases system detected and denied multiple fraudulent transactions on my other accounts at the same business where these fraudulent transactions occurred.

2. I have a police report documenting the theft of my credit cards, debit cards, identification, cellular phones, and checkbook.

3. Chase rightfully corrected the other unauthorized charges on my other accounts, corroborating that theft and fraud occurred.

4. The Electronic Fund Transfer Act limits my maximum liability to {$50.00} since I reported the theft of my debit card to Chase within hours of the fraudulent transactions. 

Further Actions : XX/XX/XXXX, Approx XXXX : I called Chase Customer Claims Department in the afternoon and asked to speak to a senior analyst. I was told that before I could speak to a senior analyst I needed to go into a Chase Branch to have my identity verified. 

XXXX XXXX, XXXX, Approx XXXX : I went into a XXXX Branch at XXXX XXXX XXXX XXXX XXXX XXXX and explained what had happened to a banker. The banker and I called the customer claims department and provided additional information about my claim, mainly that both of my cellular phones had been stolen along with my wallet/debit cards/credit cards. We spoke with an analyst named XXXX ( she declined to provide me with her last name ). XXXX said that the claim could be resubmitted if I provide additional documentation. 

XX/XX/XXXX : I faxed a letter to the Chase Customer Claims Department with the information provided above in the incident summary, along with supporting attachments ( e.g., e-mails of attempted fraud on my other accounts at XXXX, police report, correspondence from Chase about temporary credits being placed on my accounts, examples of correspondence from Chase communicating that temporary charges placed on my accounts for other fraudulent transactions were now permanent, and correspondence from Chase indicating that the temporary credit in the amount of {$16000.00} placed on my checking account would be removed on XX/XX/XXXX ). I also sent the letter to the Chase Customer Claims Department via certified mail. 

XX/XX/XXXX : I called Chases executive office and explained the trouble I was having with the Chase Customer Claims Department. The executive office opened a new case to review the I issues I was having. I e-mailed the same letter that I sent to the Chase Customer Claims Department to the executive office e-mail address that the woman I spoke with provided (  executive.office@chase.com ). 

XX/XX/XXXX : I received a letter from Chase, dated XX/XX/XXXX, letting me know that my claim was denied for the following reason : Inconsistent information from customer ;, Travel suspension was placed on account prior to unauthorized activity. Large dollar deposit ( prior to purchase ) outside of normal pattern. I did not place a travel suspension on my account prior to the unauthorized activity. I also did not make a large dollar deposit to my checking account prior to the unauthorized activity. There was money transferred from my savings account to my checking account, but I did not authorize this transfer and suspect that it could have been for overdraft protection. 

XX/XX/XXXX : Chase reversed the temporary credit of {$16000.00} that had been placed on my checking account. 

XX/XX/XXXX : I received a voicemail from the Chase executive office asking me to give them a call. I called the number back and spoke with a woman named XXXX. XXXX told me that Chase further investigated my claim and that they would not be reversing the fraudulent charges of {$16000.00}. She told me that there was nothing further I could do and that elevating a concern to the executive office is the highest level of review. She said the claim was denied because the cellular device used to access my Chase account before the fraudulent charges occurred is still being used to access my account. I told her that is impossible because both of my cellular phones were stolen, I replaced both of the phones, and I changed my Chase online account password onXX/XX/XXXX hours after the fraudulent charges occurred. I asked her to provide evidence that the same device used to access my online account before the fraud is still being used to access my online account, and she said that Chase is unable to provide this information to me. I then asked her to provide a written description of the reason for denying my claim, which she also said Chase would be unable to provide. 

After suspending the service on both of my cell phones on the date that the {$16000.00} in fraudulent transactions occurred ( XX/XX/XXXX ), I replaced both of my phones. I received numerous text messages on each of my phones on XX/XX/XXXX that appeared to come from XXXX, but were actually phishing messages attempting to get my XXXX ID and password. The messages seemed suspicious so I searched online for similar wording and found a discussion about similar  phishing attempts on Apples website here : https : XXXX. I ignored the messages, as they were clearly phishing attempts. However, I have attached screenshots of the messages to this complaint as further evidence that my cellular phones were stolen and can not be used to access my Chase online account. 

Attachments : - Signed Customer Questionnaire for Fraudulent XXXX Charges - Chase E-mail regarding temporary credit being placed on my account - Letter from Chase stating that the temporary credit placed on my account would be removed - Letter sent to Chase on XX/XX/XXXX including the attachments - Certified mail receipt confirming delivery of letter to XXXX - Letter from Chase Customer Claims Department with reason for denying claim - XX/XX/XXXX checking account statement showing reversal of temporary credit - Work e-mail thread related to replacing work cell phone - Suspension of personal cell phone service and cell phone replacement claim - Phishing text messages received on replaced personal and work cell phones

Company response to consumer: Closed with monetary relief