Consumer complaint received 2019-05-22
Company: WELLS FARGO & COMPANY
State: NM
Product: Checking or savings account
Sub-product: Other banking product or service
Issue: Managing an account
Sub-issue: Problem making or receiving payments

Complaint:
I was victimized by a fake sweepstakes scam. The people who scammed me claimed to be working for XXXX XXXX, but also gave the name XXXX XXXX. To date, my bankWells Fargohas made little or no effort to try to recover the money lost in the scam, and is seeking to hold me responsible for it. 

In 2018, I did enter the actual XXXX XXXX XXXX. On XX/XX/2018, I received a phone call from someone claiming to be associated with XXXX  XXXX XXXX who told me that I had won {$100000.00}. The next morning, I received another call. The caller asked to confirm my name and address. He told me that there would be a package coming soon and to call right away once I had received it. He asked my permission to apply for a reduced senior rate for the taxes on the sweepstakes winnings. On XX/XX/XXXX, I received a call from a different person, who told me that I had won over {$1.00} million, though 32 % would have to go to the government for taxes. The next day ( XX/XX/XXXX ), I spoke to this person on the phone again and he told me that XXXX XXXX could get me a reduced 20 % senior tax rate on the sweepstakes winnings. 

I received several more calls throughout the week. On XX/XX/XXXX, I was called and told that a package from XXXX XXXX would arrive that day, and that I should call for instructions on how to complete the necessary steps. I found a mailing envelope under the doormat at my apartment that same day. At that time, I did not notice that it was labeled XXXX  EXPORT, or that the return address showed a flower shop in XXXX XXXX, XXXX, XXXX. 

The package contained what appeared to be a check for {$15000.00}. It was labeled as being from XXXX XXXX XXXX. I received instructions to cash this check ; not knowing that the check was fake, I took it to my local Wells Fargo branch. The staff accepted it and deposited the amount of the check in my account. 

The next day ( XX/XX/XXXX ), I received another call and was instructed to ask for a bank draft in the amount of {$14000.00}. I was told that this was to cover certification of the award, insurance, and IRS documents. I was told to have it made payable to XXXX XXXX, and I was instructed to deposit the money in a specified account at XXXX XXXX XXXX. 

As instructed, I went to my Wells Fargo branch and purchased a cashiers check for this amount. I then took the cashiers check to a XXXX XXXX branch in XXXX, and deposited the funds in the stated account. I received a receipt for the deposit, which included a notice stating that any amounts over {$5000.00} would be available the next day. I faxed this to the number I was given for " XXXX XXXX. '' I first realized something was wrong that evening, when I went to the store and my debit card was rejected. I went back to Wells Fargo the following day ( XX/XX/XXXX ), and was told that my account was overdrawn because the check I had deposited in my account had not cleared. I went back to XXXX XXXX later that day and informed them that something had gone wrong with the transaction. 

I spoke to the people claiming to be from XXXXXXXX XXXX  XXXX  again on XX/XX/XXXX. The man I spoke to claimed he did not know what was wrong, and assured me that he would get it straightened out. On XX/XX/XXXX, a delivery truck came to my building and delivered another package to my apartment. This package contained what appeared to be a check for {$17000.00} which, again, was purported to be from XXXX XXXX XXXX. Later that morning, I was called by someone who claimed to be the CFO of XXXX XXXX. Throughout XX/XX/XXXX and XXXX, I received several calls from these individuals, who assured me that the problem would be worked out. On XX/XX/XXXX, around XXXX XXXX, I received a call from one of these scammers asking me to return to XXXX XXXX and remove the complaint on the cashiers check. I went to XXXX XXXX, and spoke to a representative named XXXX XXXX. Mr. XXXX convinced me that this entire thing was all a fraud and that I should go speak to Wells Fargo right away. 

To date, I have never attempted to cash the second fake check. 

Since this began, I have communicated with multiple people at Wells Faro both directly and through my attorney. However, my understanding is that Wells Fargo has declined to ask XXXX XXXX to return the funds from the cashiers check. Apparently, Wells Fargo will not ask XXXX to return the funds unless I first sign a Hold Harmless and Indemnify agreement that would waive legal claims I might have against Wells Fargo. On the advice of my attorney, I have not signed this document. 

Although Wells Fargo has not asked XXXX XXXX to return the money, Wells Fargo is holding me responsible for the entire balance. When the fake XXXX  check was rejected, my checking account became heavily overdrawn. This also activated my Wells Fargo credit cards overdraft protection feature, which automatically requested a cash advance of {$4200.00} and deposited that into my checking account. Wells Fargo has also setoff my Social Security benefits, by applying both the Social Security money that was in the account and my XXXX payment to the overdraft balance. Wells Fargo has since closed my checking account. It has also come to my attention that Wells Fargo has reported the remaining balance to the credit bureaus, thus harming my credit rating.

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 non-monetary relief