Consumer complaint received 2021-07-29
Company: ALLY FINANCIAL INC.
State: CA
Product: Checking or savings account
Sub-product: Other banking product or service
Issue: Problem with a lender or other company charging your account
Sub-issue: Money was taken from your account on the wrong day or for the wrong amount

Complaint:
On XX/XX/XXXX I went to an ATM ( XXXX XXXX # XXXX, XXXX XXXX, XXXX XXXX Terminal XXXX ). I attempted to withdraw {$100.00}. The machine made a funny, sputtering noise and the cash dispensed slowly. I was able to grab {$20.00}. It was not dispersed at the same time as the rest of the money, which I saw fall down into the machine. I was able to reach my hand in up to my thumb crease, trying to grab the rest of the money, but it had fallen down too far. In subsequent uses of different ATMs, I have noticed that there is no such gap between the dispersal mechanism and the inside of the machine, thus there is no way for money to fall into the machine or to reach inside the machine. This suggests the ATM I had an issue with was set up in a faulty or fraudulent manner. 

I immediately contacted XXXX XXXX and left several messages. I also contacted my bank ( Allly Bank ) from which the money was withdrawn and let them know what happened. They started a dispute for me. The following day, XXXX XXXX texted me and told me that there was no problem with the machine and that I should contact my bank. They refused to answer any follow-up messages from me. They did not bother to ask me what had happened and had no way of knowing that I was complaining about a mechanical malfunction with the machine. 

I talked to Ally several times about the dispute. Each time it was clear that they had not noted that I was complaining about a mechanical issue. They finally closed the dispute, citing against me on XXXX. XXXX, XXXX. After discovering this, I called Ally and let them know that I would be leaving the bank, after being a customer for over a decade, if this manner was not resolved in my favor. The Executive Customer Service person I spoke to on XX/XX/XXXX, XXXX, was exceedingly rude and suggested I had been lying about the matter. It was also obvious that he was not familiar with the details of the case, as he was initially unaware I was complaining about a mechanical issue and not one that would be detected by normal ATM accounting. He also cited the amount I made a claim for incorrectly - he stated I was claiming {$100.00} when I was only claiming {$80.00}, since I had managed to retrieve {$20.00} from the ATM. At the end of the conversation, I asked him for the documentation they used to deny my claim. He said he would send it. I discovered later, in a follow-up call to Ally on XX/XX/XXXX that he did not actually send it. In the follow-up call I spoke to a customer service manager named XXXX. She said she noticed that the documentation had not been sent out and promised to have it to me within 10 business days. I did not receive the documentation until last week and according to the postmark, was not sent out until XX/XX/XXXX. The documentation itself does not indicate anywhere that someone actually looked at the machine to see if there was money inside or if there was a mechanical failure. 

I am submitting this complaint against both the ATM management company and Ally Bank for failing to properly investigate my claim. I also believe the ATM management company, XXXX XXXX ATMs should have all of their ATMs reviewed very closely for similar issues. It should not be possible to drop money inside an ATM and the fact that they were unwilling to talk to me about what happened is incredibly suspicious. 

Ally Bank is also at fault here, as they did not properly investigate my claim and also did not respond to my requests in a timely manner. The evidence they provided as a reason for denying my dispute did not actually prove that I was incorrect - I never stated that the money wasn't disbursed, just that it was done so in a manner where I was unable to actually grab hold of it. Instead of asking for proof of machine servicing, they just accepted whatever documentation XXXX ATMs gave them.

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