Consumer complaint received 2021-03-19
Company: Square Inc
State: CA
Product: Money transfer, virtual currency, or money service
Sub-product: Virtual currency
Issue: Other transaction problem

Complaint:
To whom it may concern : This letter is to inform you that I have been a victim of fraud and identity theft. Someone unknown to me has been able to compromise my Cash App account. I wanted to allow an investigation to be completed before I reached out via mail. On XX/XX/XXXX at approximately XXXX hours, I received a text message from Cash App that my phone number had been unlinked from my Cash App account. I immediately logged in from my phone using my fingerprint ID. Once in, I noticed that the phone number had been changed to XXXX. After reviewing, I had limited access to my account. Next, I checked to see if anything else had changed. I noticed I had a balance in the amount of {$2200.00}. I knew something was wrong because I do not keep cash in my account. I scrolled down to see what was going on and learned that my 5 stocks : XXXX, XXXX, XXXX, XXXX, and XXXX had all been sold. I tried to cash out since it was my money, but it kept asking me to enter a pin that I did not have because it had been changed. At that point, I was left hopeless and helpless not having access to my account. I could only watch MY money be transferred to someone I did not know by the name of XXXX XXXX. It happened in 3 transactions {$29.00}, {$500.00}, and {$1700.00}. To add insult to injury they had the audacity to give a thumbs up after the first payment was received on their end. I requested a refund. The message that I received from Cash App was, Scam reported. Cash App is working to get back your $ XXXX Identifier # XXXX, $ XXXX Identifier # XXXX, and $ XXXX Identifier # XXXX all sources were cash. I then blocked XXXX XXXX. I called Cash App approximately five times at different times. There is/was no customer service. I have emailed several times and have yet to get a response. I filed a police report with the XXXX Police Department. I filed a report with the FTC. I filed a complaint with the XXXX and XXXX XXXX. I did not authorize any transactions on or after this date and I did not authorize anyone else to use my information in any way. I checked my account daily in hopes that a refund would be processed. I did receive a message from Cash App on the app that I would hear a response by XX/XX/XXXX. 
On XX/XX/XXXX, I received a call from one of my friends asking me if I had requested {$300.00} from her via Cash App. I told her no that my account had been compromised. When I checked my Cash App app, I realized the person had more information than just Cash App. They used a picture of my son from XXXX XXXX. They used his picture to try and get money from everyone that I have made a transaction with. Requesting money in the amount of {$300.00}. Not only was this embarrassing, but the feeling of being violated is unexplainable. Cash App requires you to enter all your personal information, and now this person has it as well. This is a breach of contract. I received a message from XXXX XXXX for unusual activity, again not me. Later that day at approx. XXXX hours I reached out to Square Inc. for a second time and spoke with a representative by the name of XXXX. I explained to her my situation and she assured me that there was no legal department that I would be able to speak with and that Square Inc, is not responsible for Cash App even though they are the parent company, they are not fully involved. She told me the only way for me to contact Cash App is through their support recorded line or email. If I were not satisfied, I could proceed with getting an attorney. It would not be until then that Square Inc. would get involved. At approx. XXXX hours on the same date, I called XXXX XXXX and spoke to a representative by the name of XXXX. He stated he would escalate this matter. He suggested I reach out to Cash App via email and leave my name, phone number and email. He assured me someone would follow up with me within 24-48 hours. 
On XX/XX/XXXX at approx. 0837 hours, I received a call ( XXXX ) from a man stating he was a representative from Cash App. I thought WOW that was fast. He stated he was following up with me about my account. He asked me to verify my phone number and email that I had linked to Cash App. He asked me what was going on. The call was disconnected. I called back but no answer. I tried again at approx. 1012 hours and during the conversation he told me that the only way that I would be able to receive my money is for him to trace it and the only way this would happen is, I would have to download an app. In the search bar I would have to type in support help and then an app called team viewer would appear. I began downloading it, but the more he talked, and I began to ask questions, I told him I did not feel comfortable giving him remote access to my phone since I was already a victim. He hung up. I called back twice. He blocked me and it stated that the phone number was no longer in service. 
On XX/XX/XXXX ( approx. 14 days later ) I looked at my Cash App account and the message stated it I would have a response by the end of the day about my refund. 
On XX/XX/XXXX, I checked, and it stated, Scam Reported. We are truly sorry, but we were unable to recover your money. However, your report will help to prevent future scams. Thank you. Refund Declined. 
I am reaching out after a poor decision on your end was made. I was hoping that you would be able to resolve this matter professionally, but since you not only denied something that was done in error to me you failed to protect me. To have a Cash App account I have had to give all my personal information, name date of birth, social, address, phone number, bank information including routing numbers and account number, and debit card number. Now someone has access to all this information and even with my two-way identifier that I had on my account, someone was still able to change my personal information that was supposed to be secured and they gained access to my account. After the damage was done, they proceeded to try and access my other accounts outside of cash app. I am holding your company FULLY responsible. I trusted that Cash App was secure and encrypted based on your word. I used this account as an emergency fund account as we are in a global pandemic. Every day that the stock market goes up, my family and I are going without. I am a single mother of 5, and I am on a fixed income as I am only able to work part time because I must be home to home-school. 

According to your General Terms of Service last updated on XX/XX/XXXX, it states on # 3 In case of errors or questions about your account call us at XXXX, please note ( 1 ) this is the only phone number customers can call for Cash App support, and ( 2 ) a Cash App representative will never ask you for your password, PIN, social security number or full debit card number. Or write us at Square, Inc., XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, CA XXXX as soon as you can if you think an error has occurred in your Account. We must allow you to report an error until 60 days after the date you electronically access your Account, if the error could be viewed in your electronic history. In order for us to assess the situation, you will need to tell us : Your name and Account number ; Why you believe there is an error, and the dollar amount involved ; and Approximately when the error took place. 
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, and your Account is registered with us, we will credit your Account within 10 business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and do not receive it within 10 business days, we may not credit your Account. You also state in writing, We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.

4. Your Liability for Unauthorized Transactions Contact us as soon as possible if you think there has been unauthorized activity on your account. Depending on the circumstances, if an unauthorized transaction has occurred we may be able to cover you. 
Please let us know if you believe there is an Unauthorized Transaction on your Account. You could lose all the money in your Account. We will protect you from Unauthorized Transactions in your Account. When this protection applies, we will cover you for the full amount of the Unauthorized Transaction, so long as we were able to complete the Error Resolution procedures described above.

An " Unauthorized Transaction '' occurs when money is sent from your Account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your Account, and sends a payment from your Account, an Unauthorized Transaction has occurred.

5. Our Liability We will cover your losses for certain incomplete or incorrect transactions, detailed here.

If we do not complete a transaction to or from your Account on time or in the correct amount according to these Cash Terms, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance : o If, through no fault of ours, you have insufficient funds in your Account to complete the transaction ; o If the ATM where you are making the Transaction or using your Cash Card does not have enough cash ; o If the Cash App was not working properly and you knew about the breakdown when you started the transaction ; o If circumstances beyond our control ( such as fire or flood ) prevent the transaction, despite reasonable precautions that we have taken. 

11. Cash App Investing If you want to use Cash App to buy stocks you need to sign up with our broker-dealer, Cash App Investing LLC. 
If you choose to use brokerage services provided by Cash App Investing LLC, a FINRA registered broker-dealer and subsidiary of Square ( Cash App Investing ), you must open a brokerage account with Cash App Investing and agree to their terms and conditions for such account. By using any Cash App Investing services, you authorize and instruct us to follow any instructions provided to us by Cash App Investing on your behalf regarding the transmission or receipt of any funds in your Cash App Balance. 
7. Payment Cancellation, Stop Payment Requests and Refused Payments Our ability to stop a P2P Payment Instruction or recover funds associated with an unauthorized Payment Instruction will depend on how the Payment Instruction was initiated, and whether the Payment Instruction has begun processing. P2P Payments not claimed by a Recipient for fifteen ( 15 ) days after the processing has begun will be canceled automatically. We will attempt to return any unclaimed, refused, refunded, prohibited, or denied P2P Payment to your Eligible Transaction Account or Eligible Credit Account, as applicable. If we are not able to do so, we may use other reasonable means to return the P2P Payment to you, as permitted by applicable law. 
XXXX XXXX XXXX XXXX Terms of Service # 38-Errors or Question about your virtual account transactions If you tell us orally, we will mail you a form to complete and return. You must return the form or your own letter outlining the details of the error to Customer Service at the address provided below within 10 business days of the Primary Cardholders oral notification. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate the complaint or question. If we decide to do this, and your account is registered with us, we will credit your Card Account for return of the credit amount to your Cash App within 10 business days for the amount you think is in error, so that you will have the use of the funds credited to your Cash App for funding your Card Account during the time it takes us to complete our investigation.

39. Your Liability for Unauthorized Transactions. Tell us AT ONCE if you believe your Card or PIN has been lost or stolen or you believe a transaction has been made without your permission using information from your Card, your PIN, or Card Account, or you could lose all the money in your Card Account. Contact Customer Service immediately at the number or address provided below to keep possible losses to a minimum. Contacting Square by telephone at XXXX is the best way to minimize possible losses. 
*If you tell us within two business days after you learn of any unauthorized transactions or the loss of your PIN, you will lose no more than {$50.00} if someone accessed your Card Account without your permission. 
I am asking that you stand on your word. I have followed your policy. I made attempts to contact you thru your preferred method via email to no avail. I have also attempted to reach you via email, and XXXX, and you leave misleading information. I am now putting it in writing. I have tried to call. I notified you through the app and you denied without circumstances. I did not authorize any of these transactions nor am I the one who sold and cashed out my stocks. I am requesting that this account be closed immediately. Restore all funds that have been withdrawn from my account and instead of putting it back in the account, please send me a check in the amount of {$2200.00} to the address above. You say that you investigated the matter. How? I am requesting that you reinvestigate this matter, close the account and refund me my money. I am asking that you comply with the Electronic Fund Transfer Act and send me a letter explaining your findings and action. Send me written confirmation that the account has been closed, a check be mailed out since I no longer trust Cash App and it is no longer safe. I am holding you responsible for the fake scammers that constantly call trying to retrieve information, access the information on my phone, sending money request to my family and friends and now the inconvenience of having to change my whole life around. I have had to get a new cell phone because someone was able to access my phone remotely, create new emails, cancel cards and get new ones because someone has tried to open accounts in my name. The fact that someone called after reading my email and I trusted them makes me wonder how this company is legit. With Cash App being so secured, how does one have all this access to my account. I have provided all the scammers information. How did my refund get denied? Is this why you state in your policy that we must waive our rights to go to court? Is Cash App a legal hustle? 

On XX/XX/XXXX, I sent a Certified demand letter to the company with a signature required with a return receipt. I still have not heard back from them. My next step is to take legal action.

Company response to consumer: Closed with explanation