Consumer complaint received 2019-01-16
Company: UNITED SERVICES AUTOMOBILE ASSOCIATION
State: TX
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Banking errors

Complaint:
On XX/XX/2018, a scammer remotely deposited a check in the amount of {$4900.00} into my checking account. The scammer then called USAA by spoofing, or making it appear as though the call originated from my cellphone by using my number. The USAA customer service agent authorized an increase of the withdrawal amount, allowing the individual to take out {$4900.00} from an ATM in Connecticut. Not surprisingly, the check then bounced, leaving me with a negative balance in my account. I did not know any changes had been made to my account, or that anyone was accessing my account, depositing the fraudulent check, or taking money out of my account until I received a phone call from USAA, asking me if I had increased my ATM withdrawal amount. I told the agent I had not, and the agent put me on hold until the line dropped. I immediately called USAA back, and was informed of the transactions. My account was then frozen. I never provided my debit card, card information, or pin number to anyone. 

Since then, I have tried to resolve this issue with USAA, however they initially stated that I would be liable because this was first person fraud and that I must have been working with the scammer because they knew enough information to access my account. This is ridiculous, especially since this situation left me and my family without a paycheck during the holidays. They then stated that the charges were authorized, as verified by XXXX XXXX. On XX/XX/2018, XXXX  XXXX, a XXXX XXXX XXXX  XXXX, and I called XXXX to see what information they had provided. We spoke with one of their agents in the fraud department named XXXX. She stated that the way they confirm authorization is to show that a debit card was used and a pin number was entered. This is not sufficient to conclude that these charges were authorized. I do not believe in good faith USAA can deny its awareness of a scammers ability to upload banking information onto fake debit cards and use them to access ATM machines. If USAAs conclusion that the charge was authorized was drawn from XXXX confirmation, it has not met its statutory burden. 

After getting the runaround by a number of USAA customer service agents, on XX/XX/2018, XXXX  XXXX and I were able to speak with an USAA fraud agent named XXXX. XXXX explained that the determination to hold me liable was based on a cursory review of the logs that track access to my online bank account. She explained that the access had been going on from an XXXX as far back as XX/XX/2018. Nobody in my family owns an XXXX. From XX/XX/XXXX to XX/XX/XXXX the scammers were accessing the bank account at the same time period that I was accessing the online account. XXXX explained that there was no way that I could have known they were accessing my account as they made no changes to the account. She also confirmed that the IP addresses the scammers used to access my account were different from where I was accessing the online bank account. She stated that in her opinion the determination made by USAAs debit card fraud department was not logical. In addition, she noted that another customer service agent working in USAAs fraud department named XXXX had concluded the same thing as XXXX and had told USAAs debit card fraud department that their determination that the charge was authorized was incorrect. XXXX felt so strongly about this he even called me personally and told me that I should not be held liable for these charges. USAAs fraud department has told me repeatedly that the charges were unauthorized, but for some reason its debit card department continues to deny this and has labeled the transaction as authorized. 

XXXX was kind enough to transfer my claim to USAAs financial crimes department for further investigation on XX/XX/2018.  I have received no correspondence from USAA in regards to the devolution of my money or to the conclusion of the fraud claim departments determination. USAAs action has caused a lot of pain and suffering for my family. USAAs not only refused to return the money, but also took the money deposited into my USAA account from my next paycheck, and charged me fees due to the negative balance, leaving my wife, toddler children, and myself without a paycheck for nearly a month.

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