Consumer complaint received 2023-02-22
Company: WELLS FARGO & COMPANY
State: FL
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem with a lender or other company charging your account
Sub-issue: Transaction was not authorized

Complaint:
I have been a victim of identity theft. In XX/XX/XXXX, my bank accounts at XXXX and Wells Fargo were hacked and bill pays were set up to benefit somebody else. My personal information was also used to fraudulently open or attempt to open credit accounts at XXXX XXXX, XXXX and XXXX Visa XXXX. At XXXX, somebody ordered phones and tablet which I was able to stop. All credit accounts have now been closed. 

On XX/XX/XXXX, my XXXX checking account and my Wells Fargo checking account were hacked. A hacker set up bill pays from my checking accounts to pay for several XXXX XXXX  at XXXX XXXX Bank : - {$12000.00} from my Chase account to be paid to an XXXX card ending in XXXX - {$8400.00} from my Wells Fargo account to be paid to an XXXX card ending in XXXX - {$4500.00} from my Wells Fargo account to be paid to an XXXX XXXX ending in XXXX Those transactions were made online, and I was not aware of it. How did I learn about it? On XX/XX/XXXX I received a phone call from XXXX XXXX Department asking me if I had set up the {$12000.00} payment. I was surprised to learn of it and I denied the bill pay. The Fraud department canceled the payment and told me they were going to close the account and transfer the funds to a new account. I was told that my computer could have been hacked and that I should change my usernames and passwords on all my accounts and run antivirus on my computer. 

After talking with XXXX, I went online in my computer and signed into my Wells Fargo accounts. I was shocked to see that there were 2 new bill pays from my checking account : {$8400.00} and {$4500.00}. 

I immediately called the Fraud Department at Wells Fargo ( XXXX ) and reported the fraud. I explained I had not set up those 2 bill pays and asked them to stop them. The person who talked to me ( I dont remember his name ) told me they were going to close the account and transfer the funds to a new account. I was also told that, immediately, I could not be able to access my accounts for a couple of days. That person did not direct me to take any action. I had entered into panic. As we were still on the phone, Wells Fargo closed the account and denied my access. They assigned me a reference # XXXX and case # XXXX. When I finished my call, I felt relieved that I was able to report it. 

After 2 or 3 days, when I was able to sign in again, I opened my Wells Fargo accounts and was surprised to see that, on XX/XX/XXXX, the {$8400.00} bill pay went through and funds were taken out of my new checking account. The other bill pay ( {$4500.00} ) was not paid. 

I have never had an XXXX card or any account with XXXX XXXX Bank. I do not know any of those account holders at XXXX card. The Bill Pay history from my checking account at Wells Fargo shows that I have only made either monthly or quarterly payments to Homeowners Associations in amounts that go from a low of {$250.00} to a high of {$1500.00}. I have never used it to pay any credit card or to any of those account holders. The amounts of {$8400.00} and {$4500.00} ( a total of {$12000.00} ) should have started an alert with Wells Fargo as suspicious transactions. XXXX alerted me, why Wells Fargo did not? Despite all this evidence, Wells Fargo did not stop the money to be paid. They could have stopped the payment while the money was still in my account when I called Wells Fargo on XX/XX/XXXX. 

I have initiated several complaints to Wells Fargo Fraud department by phone and with a banker at a local branch in XXXX XXXX, Florida. Unfortunately, all my complaints and requests for a refund of funds to my account have been denied : - On XX/XX/XXXX Case # XXXX, denied on XX/XX/XXXX by Claims Assistance Center, XXXX XXXX XXXX- On XX/XX/XXXX Case # XXXX, denied - Case # XXXX, denied on XX/XX/XXXX by XXXX XXXX, Senior Escalations Representative, Enterprise Complaints Management Office - On XX/XX/XXXX Case # XXXX, denied on XX/XX/XXXX by XXXX XXXX, Executive Office Case Specialist, Enterprise Complaints Management Office All the denials contain the same argument : Our research indicates that either you or an authorized user conducted the disputed activity. Wells Fargo insists that the setup of the bill pays were made by me or somebody else using my computer. I am the only user ; my wife does not know how to use it. There is no other person using it. Wells Fargo claims they have evidence that you were sent a onetime passcode by email and again by phone on XX/XX/XXXX, which were validated successfully indicating that you had possession of your devices. I have researched all my emails from that date ( including spams, junk, deleted, etc. ) and there is nothing received from Wells Fargo. The same goes for texts or correspondence in my phone, showing nothing from Wells Fargo coming in on that date. I have been told that a hacker may be able to go around all those procedures. 

A few days later Wells Fargo mailed me an Affidavit of Online Fraud which I completed, signed and returned. I also reported the fraud to the XXXX XXXX Police Department and a copy of the report was provided to Wells Fargo. I have not received any comments back from Wells Fargo. 

I have on several occasions requested Wells Fargo to research for my phone call of XX/XX/XXXX which is when I asked to stop the Bill Payments. They have never responded me why they did not stop the {$8400.00} payment, but they acknowledge they stopped the {$4500.00}. XXXX XXXX XXXX ( Executive Office Case Specialist, Enterprise Complaints Management Office ) talked to me and claimed that they could not have stopped it because the payment was in process??? That is not true : XXXX stopped it. I have also talked to a XXXX branch manager and she explained me that, as long as the money is still in the account, the payment can be stopped. Why Wells Fargo did not protect my funds? It does not matter who set up the bill pays, because I called Wells Fargo the next day and requested to stop the payment. Wells Fargo had the time and ways to stop the {$8400.00} payment. 

I hereby request Consumer Financial Protection Bureau to investigate the illegal payment allowed by Wells Fargo and to be reimbursed for the {$8400.00} payment.

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