Consumer complaint received 2023-04-10
Company: Credit Karma, LLC
State: AZ
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
This bank is not acting in accordance with Regulation E in the process of a debit card dispute. Their argument is that my claim reason is not eligible for a temporary credit under Reg E, which is false. The regulation broadly covers all types of ETFs from the account, with no particular exclusions.

I will be attaching direct excerpts from the regulation below to explain the banks violations : EXERPT 1 ( 1 ) Ten-day period. A financial institution shall investigate promptly and, except as otherwise provided in this paragraph ( c ), shall determine whether an error occurred within 10 business days of receiving a notice of error. The institution shall report the results to the consumer within three business days after completing its investigation. The institution shall correct the error within one business day after determining that an error occurred. 
( 2 ) Forty-five day period. If the financial institution is unable to complete its investigation within 10 business days, the institution may take up to 45 days from receipt of a notice of error to investigate and determine whether an error occurred, provided the institution does the following : ( i ) Provisionally credits the consumer 's account in the amount of the alleged error ( including interest where applicable ) within 10 business days of receiving the error notice. If the financial institution has a reasonable basis for believing that an unauthorized electronic fund transfer has occurred and the institution has satisfied the requirements of 1005.6 ( a ), the institution may withhold a maximum of {$50.00} from the amount credited. 

The bank has not applied a provisional credit to my account after 10 business days. Instead, they have informed me that my claim is not covered under Regulation E, which is false and not explicitly stated in the regulation. 

EXERPT 2 An institution need not provisionally credit the consumer 's account if : A ) The institution requires but does not receive written confirmation within 10 business days of an oral notice of error ; or ( B ) The alleged error involves an account that is subject to Regulation T of the Board of Governors of the Federal Reserve System ( Securities Credit by Brokers and Dealers, 12 CFR part 220 ) ; ( ii ) Informs the consumer, within two business days after the provisional crediting, of the amount and date of the provisional crediting and gives the consumer full use of the funds during the investigation ; ( iii ) Corrects the error, if any, within one business day after determining that an error occurred ; and ( iv ) Reports the results to the consumer within three business days after completing its investigation ( including, if applicable, notice that a provisional credit has been made final ). 

The institution did not request written confirmation, but I sent supporting documentation the same day I filed the claim, and confirmed it was received and attached by the bank. None of the other exceptions in this excerpt were satisfied by the bank. 

EXERPT 3 ( 3 ) Extension of time periods. The time periods in paragraphs ( c ) ( 1 ) and ( c ) ( 2 ) of this section are extended as follows : ( i ) The applicable time is 20 business days in place of 10 business days under paragraphs ( c ) ( 1 ) and ( 2 ) of this section if the notice of error involves an electronic fund transfer to or from the account within 30 days after the first deposit to the account was made. 
( ii ) The applicable time is 90 days in place of 45 days under paragraph ( c ) ( 2 ) of this section, for completing an investigation, if a notice of error involves an electronic fund transfer that : ( A ) Was not initiated within a state ; ( B ) Resulted from a point-of-sale debit card transaction ; or ( C ) Occurred within 30 days after the first deposit to the account was made. 

The fund transfer was completed after 30 days of the first deposit to my account, and even if this condition was satisfied, the bank would be required to credit my account within 20 business days instead of 10. Again, none of the other exceptions are satisfied here for my specific account, but the bank is refusing to apply a provisional credit. 

This bank is deliberately trying to get around the terms of Regulation E, which they are legally required to follow. They need to be held accountable by their regulators and apply the provisional credit to my account immediately. Further, I have supplied all required documentation ( dated credit slip from merchant proving credit was due ), so the bank should have no problem resolving the dispute in my favor promptly.

Company response to consumer: Closed with explanation