Consumer complaint received 2023-04-21
Company: DISCOVER BANK
State: FL
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
The CFPB inadvertently closed my 1st complaint # XXXX on XX/XX/XXXX. I am re-submitting it below because I had not previously filed a complaint with you against Discover Bank so I would appreciate it if you review and investigate this matter. 
__________________________________________________________________________________________________________________________________________ We are compelled to file a complaint against Discover Bank for refusing to provide us with relevant information regarding the processing of a {$30000.00} wire transfer on XX/XX/2023 without our authority and without authenticating the transfer with us. They also refuse to refund the funds despite providing us with no information to verify why they processed the unauthorized wire in the first place. The funds were transferred from our Discover checking account which Discover Bank has now closed due to the report of the fraudulent wire transfer. Despite numerous written and oral requests, they refuse to refund the {$30000.00}, refuse to provide by mail, fax, email, or on our secured online account any information regarding the wire transfer, their claimed recall of the wire, or their claimed investigation. They refuse to provide us with any of this information when we are on telephone calls with them, also. In fact, after a month and half of repeated oral and written demands and requests for any and all information regarding the transfer so that we, the FBI, and the local police can investigate and attempt to get the money back from the fraudsters that somehow convinced Discover to wire them this large amount of money, we have received literally no information, other than the wire went to a XXXX XXXX XXXX We dont even know if this is accurate because Discover refuses to provide us with the alleged wire transfer form that they claimed XXXX XXXX signed, which would include the name of the person and their account number, bank location, and other information for us to start an investigation. We even contacted XXXX XXXXXXXX XXXX for information, and they also refuse to discuss it with us for privacy reasons and notified us to contact our own Bank who sent the transfer ( Discover, who refuses to cooperate with our requests ). Discover also claims that XXXX verbally consented to the transfer and gave answers to her challenge questions, which she did not do because she never spoke to Discover prior to the wire transfer. We have asked for proof of that claim also, such as audio files of the conversation they claim to have had with her, but they have also refused to provide us with that information, prompting us to believe they do not have proof of any of their alleged claims. We understand that UCC Article 4A applies to our dispute and not Regulation E, because it is a wire transfer. However, since we did not authorize this wire transfer, and there was no agreed upon security procedure, Discover is required to refund us the full amount of the unauthorized {$30000.00} wire transfer. They refuse to do so, violating the applicable sections of UCC Article 4A that were adopted by and applies to both Delaware and Florida law, which would be relevant to this legal controversy. We demand that they acknowledge that now and refund our money, with interest, as is required by the UCC regulations, since they will not provide us with any information to dispute our claims and we are not millionaires who can simply allow {$30000.00} to disappear without a fight to get it back. XXXX has a XXXX. XXXX XXXX and has numerous relationships with attorneys who are willing to further assist and consult with her in her preparation for litigation without charge. Regardless, we truly hope to promptly resolve this issue without filing a lawsuit, which of course would cost Discover much more than the disputed {$30000.00} because of legal fees, but cost us nothing other than our time and the filing fee. Every time we have called, we are transferred over and over again to different departments and no one gives us any information and will not confirm that we will receive any information as requested. We never are given anyone in authority ( a higher manager or an attorney in their legal department ) to speak with, and everyone claims to either not have any further information to give us, or refuse to give us specific information because the investigation is not completed. We have requested that a knowledgeable supervisor or attorney contact us to discuss the issue who has authority to provide this urgent information. We have also sent documentation directly on the online document upload portal and faxed the same to the legal department of Discover. No one has ever contacted us as requested and we have been provided with nothing. This refusal to provide us information for over a month and a half, that we contend we have a right to obtain in order to protect our own legal rights to try to recoup our funds, has greatly hindered our ability to investigate and track down the money and these fraudsters who should be brought to justice. We and the FBI needs the alleged wire transfer request form with the claimed signature of XXXX, the audio files purportedly confirming the wire, and all other information related to all of Discovers actions regarding the processing, recall, and investigation regarding this wire transfer, or we and the FBI are blocked by Discovers refusal to provide this information to us in doing anything in our own defense against such fraudulent actions. They promised us on the phone and in writing that Discover has and will recall the wire transfers, and not to worry about that, and that we will not be held liable for the fraudulent wire transfer under XXXX fraud guarantee. However, they refuse to refund the {$30000.00} and refuse to give us a timetable for doing such or completing their purported investigation. Since they have provided absolutely no evidence whatsoever of a wire transfer form request, verbal authorization or authentication, or any other proof to show why they, without authorization or authentication, would send such a huge amount of money by wire that we can not afford to lose, we think they have had more than enough time to refund our money without any further delay. This situation is a travesty against Florida senior citizens living on a fixed income who do not deserve such deceptive and unfair treatment. We have health and mobility problems which prevent us from working. We are being abused and taken advantage of because they do not think we will proceed with regulatory complaints or court action despite our notification to them that we would proceed with our complaints if they didnt provide us with the requested information or refund our money. Discover is clearly attempting to hide the evidence of their negligence and failure to secure our bank accounts from unauthorized wire transfers. However, we believe we have the right to be provided with all the information that only Discover can provide us so that we can attempt, on our own, or with the FBIs or polices help, to try to track down the fraudsters and our funds. After the way we have been treated by Discover and their secretive ways, we do not trust that they have even recalled the wire transfer or have conducted any investigation whatsoever to assist us. In fact, the only investigation that they are doing appears to be to protect their own legal interests, which is why they refuse to give us any information whatsoever that could be used against them in litigation. That is a typical legal tactic to prevent adversaries from using their failings against them. We request the immediate refund of the unauthorized, unauthenticated wire transfer, as well as the information, documentation, and files requested regarding the wire transfer. We hope that your agency can assist in helping vulnerable senior citizens with these financially damaging issues that Discover Bank has refused to address or rectify, nor refund our funds despite their direct promises of a definitive wire recall and fraud guarantee, to our severe and harmful detriment.

Company response to consumer: Closed with monetary relief