Consumer complaint received 2015-08-01
Company: FIFTH THIRD FINANCIAL CORPORATION
State: KY
Product: Bank account or service
Sub-product: Checking account
Issue: Using a debit or ATM card

Complaint:
Saturday, XXXX XXXX, 2015 I deposited {$400.00} cash into my checking account at the ATM to find I was - {$570.00}. I began contacting the merchants and I was advised to contact my bank. Monday, XXXX XXXX, I contacted 5/3 Customer Service regarding these charges ( they are not open on the weekend ). I did not make these purchases at XXXX. I then questioned the validity of other charges as I knew something was wrong. 
Tuesday, XXXX XXXX, I called 5/3 to open a dispute for unauthorized purchases on my checking account. I followed the protocol. My card was canceled and I received a new one on XXXX XXXX, 2015 and was now able to access my account online. The provisional credits had been reversed. I contacted 5/3 ( XXXX ). I was told that these credits were reversed because I was unsure of one transaction, so the investigator concluded that I must have had the card in my possession the entire time and that all of these charges were valid. No sales receipts, were retrieved or requested, no merchants were contacted. I was informed that the case can not be reopened or investigated and that the only option left available to me was to file a police report ( more than a month later ) and submit it to 5/3 Bank. The chances of any decision in my favor however, were very slim. When I asked why I was not informed of the police report initially, I was told because it was not mandatory. If I had been informed, I would have filed a police report. I asked to speak to the investigator but was told they do n't talk to customers and that they do n't have phones. I do n't know if my card was taken out of my purse or home and returned, was a counterfeit card, stolen, related to a security breech, etc. 
Wednesday, XXXX XXXX, 2015 I received a list of disputed items with no explanation attached and I received a second notice dated XXXX XXXX, 2015 stating that {$230.00} will be debited from my account on the same date of the notice, XXXX XXXX, 2015. To be in compliance with the EFTA ( Electronic Fund Transfer Act ) I must have received notification no later than XXXX XXXX, 2015 these funds would be deducted from my account. The credits for the unauthorized charges were reversed and deducted from my checking account XXXX days prior to receiving any notice. Not only is this not in compliance with the EFTA XXXX day notice prior to the reversal of credits, I received it XXXX days after the funds were taken from my account AND the notice ( attached ) states that the funds were to be deducted the same day of the notice. I have been provided no proof of these unauthorized charges as mandated by the EFTA, Regulation E. 
The FCBA ( Fair Credit Billing Act ) mandates procedures for disputed items. Included are charges for which you ask for an explanation or written proof of purchase, along with a claimed error or request for clarification. The creditor must explain to you in writing the corrections that will be made to your account. If the creditor determines that you owe a portion of the disputed amount, you must get a written explanation. You may request copies of documents proving you owe the money. I requested but never received proof of these purchases, no clarification, no receipts, no documents, etc. The Customer Service rep also informed me that no merchants were ever contacted. The FCBA mandates the creditor must acknowledge receipt of your dispute in writing within XXXX days.. The FCBA mandates that any creditor who fails to follow the settlement procedure may not collect the amount in dispute, or any related finance charges, even if the bill turns out to be correct. The EFTA, Regulation E, requires a summary of a customers potential liability in writing for unauthorized transactions and its policy for resolving unauthorized transactions.

Company response to consumer: Closed with explanation