Consumer complaint received 2018-09-08
Company: UNITED SERVICES AUTOMOBILE ASSOCIATION
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:
My vehicle was broken into on XX/XX/XXXX while parked at a shopping center. My bag was stolen along with 5 credit cards and my drivers license. My bank, USAA, is denying my claim of fraud. 
My son and I went into XXXX and purchased some school supplies in the amount of {$8.00} with my USAA debit card. ( Card 1 - used with a pin ) Meanwhile, the criminal that broke into my car via a smashed window, went into XXXX located right next door and used my other USAA debit card ( Card 2 -  used as a credit card ) that he stole from my vehicle just moments earlier for the amount of {$410.00}. My son and I walked next door to XXXX to purchase additional school supplies and spent {$150.00} with my USAA debit card. ( Card 1 - used with a pin ) Timeline for charges : XXXX XXXX - Fraudulent charge by XXXX XXXX, suspect ( Card 2 ) gift cards ( on camera ) XXXX XXXX - Charges by me ( Card 1 ) school supplies XXXX XXXX - Charges by me ( Card 1 ) school supplies XXXX XXXX - Charges by me ( Card 1 ) bottled water It is Texas and summer so it was hot waiting for the detective to finish with the fingerprinting. My son went back into XXXX  and purchased several bottled waters for us and the police officers in the amount of {$6.00} with my USAA debit card. 
When the police arrived at my vehicle, they said that they might know who committed the burglary of my vehicle. Come to find out, they were already at XXXX because XXXX security had called police and let them know that XXXX XXXX ( The thief ) was in the store. He had broken into other vehicles that morning. 
Report number XXXX XXXX Police Department, XXXX County.  Fingerprints were taken at the scene as well. Suspect - XXXX XXXX, DOB XX/XX/XXXX, age XXXX, CID # XXXX ). 
I have since spoken with the XXXX County DA, XXXX XXXX, phone number XXXX. She advised me that they offered XXXX 2-20 years in the penitentiary. Please see attached fraud report with additional information. 

Anyway, he was arrested and police gave me back my USAA debit card ( Card 2 ) along with several other credit cards and my drivers license that he had in his possession at the time of his arrest. He attempted to use another card but it was declined. None of us ( including the police and myself ) were aware at the time that he had used or tried to use any of my cards. We all thought that he didn't have time to use them before being arrested. He did take a bag from my vehicle as well and put it in his vehicle before going into XXXX. His vehicle was towed to the police station to be fingerprinted. My bag was returned to me a few days later with everything in it as far as I know. Detective XXXX was handling the case, his phone number is XXXX. 

Now to back to the debit card fraud. I noticed the following day on XX/XX/XXXX when I looked at my bank account online that an unauthorized charge of {$410.00} was used at XXXX. I filed another police report that night. Report number XXXX with the XXXX Police Department, XXXX County. 
I received a denial letter from USAA on XX/XX/XXXX saying that : Thank you for your patience while we researched your dispute below : Fraud claim # : XXXX Debit Card # ending in : XXXX Merchant Date Amount XXXX XXXX XX/XX/XXXX {$410.00} After a thorough investigation, we have determined that the above transaction is not fraudulent. 

I immediately called USAA after receiving the letter and asked them to reopen the case. It is clearly fraud. They opened it back up but only to be told again that it was not fraud. 

I have reached out to USAA Bank on numerous occasions for assistance. I have sent in a fraud packet to them along with a notarized statement. I submitted a letter asking that the charges be reversed. I am a 19 year member of USAA and they are calling me a thief. I am an outraged that USAA would not fully investigate and return my money that was stolen. 

During one of my numerous calls to USAA since XX/XX/XXXX, one lady advised that perhaps it was declined the first time as not being fraud since the same card was used. I explained that I had two cards. She said that that should never have occurred but it had ; I have two cards exactly the same, with the same security code. I have sent them a picture of the two cards and will attach one with this letter. 

She also said that I did not report it immediately. First, I did not know - the day of the break-in, but called when I noticed. The first USAA representative had me put my checking account on a hold and told me to call when I needed to use the card. I did not want to cancel the card all together because I had to pay for my window to be replaced that evening on XX/XX/XXXX and as a XXXX I only get paid once a month on the XX/XX/XXXX. Several bills were about to be automatically paid. When I called later in the week on XX/XX/XXXX to use the card at a car wash to vacuum up all the glass from the burglary a USAA representative told me that the card was on a hold but monthly withdrawals would not come out if they had been set up with the debit card. I told her to go ahead and release the hold. Hopefully since the criminal was locked up, no more fraudulent charges would appear. 

I called a few days later on XX/XX/XXXX to ask the status of my claim and when to expect my money back, the USAA representative told me that no one had ever marked any transactions as fraudulent. What? How can this be? I had already spoken to several people. I am pretty sure that USAA documents all calls and that there is at least a record of me calling. I am not sure why this claim is being denied but it is clearly fraudulent. 

I was told on XX/XX/XXXX that the case will not be looked at any further. A senior analyst looked over the case and it was determined not to be fraud. She said that is the final answer. 

The criminal, XXXX XXXX was arrested with my cards in his possession. There is video tape from XXXX showing him smashing my vehicle window along with him using my card for gift card purchases at the checkout. He was arrested. I can't image how they can claim it is not fraud. They are clearly being very unprofessional and downright disrespectful to me. I have always thought of USAA in high regard and being extremely ethical. I only know now that the company is not standing behind me during my time of need. 

I am a single parent of XXXX boys and an XXXX XXXX XXXX. The burglary happened on XX/XX/XXXX and school started on XX/XX/XXXX. I am extremely busy and this has caused me much grief and effort. I love my XXXX XXXX XXXX that was burglarized but I just sold it because I couldn't handle the heartache it caused every time I got in it after all this mess. USAA has clearly added to my XXXX and XXXX. 

Thank you for looking into this matter.

Company public response: Company believes complaint represents an opportunity for improvement to better serve consumers
Company response to consumer: Closed with monetary relief