Consumer complaint received 2020-12-20
Company: WELLS FARGO & COMPANY
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Banking errors

Complaint:
( REF CFPB CASE : XXXX, ACCT. ENDING IN XXXX ) -This complaint is not a duplicate complaint. I would like the CFPB to take notice that Wells Fargo Bank did NOT address my problem once again. I specifically stated that when I filed my fraud claim, my online account access was frozen. I spoke with two separate fraud reps, and had to go into the branch to have it unlocked ; and at that time informed another banker of the situation. In their latest response, they have only proven that they are not following regulations and treating me unfairly. I specifically asked whether or not an investigation commenced after I spoke with fraud reps on phone? I asked the question because Wells Fargo is now stating they can't find any claim to research of mine. There HAS to be proof of this within WF 's own data. If not, I'm quite sure I can contact the banker who called on my behalf to get the freeze removed for validation. They also state that my account was closed due to the prolonged overdraft. That specific issue has also never been addressed, considering I have several times pointed out that the fraud on my account should have been investigated and that investigation should have been completed long before XXXX when the account was closed ; as per the provisions of Regulation E, that Wells Fargo has clearly ignored. and I'll reiterate is the premise of my complaints to begin with. They also failed to address how it could be that they can find no claim of mine, when one of their reps told me that my claim was " re-opened '', when I called in to find out information. That conversation took place on a recorded line, I might add. They also failed to address whether or not they spoke with Ms. XXXX to see if she could remember me coming in and providing her the proof of the fraud, which she promised to and did in fact deliver to the branch manager, who now has amnesia to the meeting, and has apparently lost the proof he assured me that he forwarded to fraud on my behalf in front of a witness I brought with me. In this response they also mention that I indicated that the transactions I was disputing were from XX/XX/2019 to XX/XX/2019, but there were no claims open. For the record, I NEVER stated that I filed claims during either of those months. I had no idea that the fraud was even taking place until XX/XX/2019, and upon discovering the proof of the fraud, I immediately called the branch and spoke with Ms. XXXX, I believe, and asked for help. Moreover, I do not know specific transactions, only the amounts that were mentioned on the recording I gave WF personnel as proof. I mentioned that the branch manager printed out the statements for XXXX and XXXX, and went over some of those transactions which the branch manager pointed out matched the alleged amounts stolen from me. He specifically pointed out a {$15000.00} withdraw in branch, two withdraws totaling {$5000.00} in late XXXX, and several casino transactions. This has all been stated in the numerous complaints I've filed. Wells Fargo is stating that no claim can be found, but Regulation E specifically states this : ( 1 ) Timing ; contents. A financial institution shall comply with the requirements of this section with respect to any oral or written notice of error from the consumer that : Official interpretation of 11 ( b ) ( 1 ) Timing ; Contents Show ( i ) Is received by the institution no later than 60 days after the institution sends the periodic statement or provides the passbook documentation, required by 1005.9, on which the alleged error is first reflected ; ( ii ) Enables the institution to identify the consumer 's name and account number ; and ( iii ) Indicates why the consumer believes an error exists and includes to the extent possible the type, date, and amount of the error, except for requests described in paragraph ( a ) ( 1 ) ( vii ) of this section.

I would like to point out that WF was informed of the fraud on or around XX/XX/2019, which complies with ( i ). I also want to point out that one fraud rep froze my account, which complies with ( ii ). ( iii ) was also in consumer compliance as I told the rep what I had found as evidence, and gave all information I knew of. I gave the information to the extent possible, the amounts mentioned on the recording, and who I thought was responsible. 
I would also like to add that WF requested information in writing from me, even though the initial claim was filed months earlier. Nevertheless, the Regulation states this regarding written notice : ( 2 ) Written confirmation. A financial institution may require the consumer to give written confirmation of an error within 10 business days of an oral notice. An institution that requires written confirmation shall inform the consumer of the requirement and provide the address where confirmation must be sent when the consumer gives the oral notification. 

I also complied with this. 

In this response, Wells Fargo did address my comments about their now infamous fiasco making victims of their customers, and pointed out how they are delivering on their promises and making things right for their customers, but the CFPB database, as well as other consumer advocacy organizations which accept and publicly post complaints prove that they have much to improve before they can state such things. There are many, many customers of WF Bank who have filed fraud claims, and even when it is no stretch of the imagination to conclude that fraud did occur on some of those accounts, WF still denied the claim. I can't speak for those claims, but as for my own, I have told the truth. I contacted law enforcement. I complied with each request I got from WF. I asked them for help because I have been victimized and my victimization was being completely ignored by police, who in turn provided those responsible with impunity and because of the lack of interest and enthusiasm to assist a male who filed a XXXX claim, the perpetrators of my victimization were free to re-victimize me and took full advantage of it. I am aware of how unusual this case is, however, a recorded conversation between the perpetrators of this CRIME should leave no doubt about it : I was victimized. They specifically state on the tape that they had already stole forty-thousand dollars of my social security award, and even used the term " his social security money. '' I would like to move on from this. I offered in the beginning to give WF all my money if they would take the recording and have it analyzed by a forensic expert in audio and video recordings. I need to be validated and I need closure. I am not lying about any of this. I am not delusional. I am not trying to run a scam. I have provided police with video footage of me being victimized in real time as it happens. WF could have been the knight in shining armor here, and exposed this very unheard of type of theft. It is because of the lack of exposure and study of it that has allowed it to be successful, in my opinion. I have several videos and audio clips still that prove that this took place. I even went to see a Ph.D. as a patient for an expert opinion and hers only validated that my victimization is real and that this is really what has taken place. Wells Fargo has made this situation so much harder to deal with because they didn't follow regulations. Had they, my rapists might not have gotten away with getting paid handsomely to victimize me. It is like being in a movie for me. Nobody will help me. Perhaps because I am a man. Or a man who was XXXX. Or more likely, it is because I accused law enforcement of being involved in my victimization prior to this situation occurring. This investigation should have been completed over a year ago. I shouldn't have to still be fighting for my rights and WF Bank should be following error resolution procedures and refunded my stolen money back long ago. I am still hopeful that they will do the right thing, because I am not letting this go. I did nothing wrong nor did I do anything to deserve such a life-altering victimization to be de-criminalized. Whether or not WF wants to believe me or not, I provided them proof of this, and they failed to follow Federal Regulations regarding error resolution procedures, and they must know that by now. Another lengthy delay is really insulting at this point. If they couldn't find a claim back then, certainly they became aware of it at any point from my first contact with them through this very day, given the amount of correspondence and complaints, phone calls, and written accounts of what has taken place. The law says that I have limited liability here and I am asking someone, anyone to enforce that. I have been harmed enough. I hope someone agrees and helps me.

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