Consumer complaint received 2017-10-10
Company: UNITED SERVICES AUTOMOBILE ASSOCIATION
State: CO
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:
Received a free-lance payroll check on XX/XX/XXXX {$1500.00}. Mobile deposited into USAA checking account XX/XX/XXXX. Discovered XX/XX/XXXX through the bank statement that on XX/XX/XXXX USAA reversed the transaction and removed {$1500.00} from my account ( almost 5 months later ). Spoke with USAA multiple times, and XXXX XXXX 2 times to try to get issue resolved and the funds reinstated. XXXX XXXX is the bank from which the {$1500.00} check was issued. 

The following is what occurred according to the details provided by USAA and XXXX XXXX. Someone stole the physical check. I was unaware that the check was missing. USAA suggested that the " pay to the order of '' name on the check may have been washed off. XXXX XXXX has the details, but they are not permitted to provide me with any specific information. The bank was able to tell me that on XX/XX/XXXX someone took the physical check and fraudulently deposited at XXXX XXXX. After this deposit, XXXX XXXX via USAA reversed the {$1500.00} out of my account ( the rightful owner of the funds ). 

I submitted 2 fraud claims via USAA - to work this out with XXXX XXXX. USAA would not let me speak directly with the USAA fraud unit. XXXX XXXX will not allow me to file a claim directly with them because I am not a member. Both USAA fraud claims were closed because USAA says that no fraud had occurred on my account and that the originator of the check would have to file fraud claim through XXXX XXXX. The individual who wrote the check, XXXX XXXX, tried to file a fraud claim with XXXX XXXX. The individual was not allowed to do so because the transaction/ reversal of funds was recorded outside of his account. The activity in his account ONLY showed the original ( and rightful ) withdrawal of the {$1500.00} on XX/XX/XXXX. It did not show any transactions beyond the initial withdrawal. I have informed USAA of this, but still have no resolve. I have requested that they open a 3rd fraud claim. The representative did not seem to be very optimistic. I am asking for your help to resolve this issue and rightfully return the funds into my account. Most of the problems seems to center around lack of communication between the banks. Both banks seem to take the stance that its not their problem. Neither bank has provided me with a mechanism to resolve the issue. Many of the details are lost in translation since I am not allowed to speak directly to the USAA fraud unit, or file any claim with XXXX XXXX. I believe if both banks actually looked at the transaction they could resolve it. Both USAA and XXXX XXXX acknowledge that the 2nd deposit was fraudulent, but refuse to correct it. 

I am shocked that a bank is able to reverse funds that have cleared months prior. If that is truly the case, why would anyone deposit money in a bank? I am perplexed that USAA and XXXX XXXX keep denying me the right to file a fraud claim. Why do I not have a right to file since it was taken out of my account? Since the transaction did not affect XXXX XXXX 's account, I should be able to file a fraud claim for 'fraudulent reversal of funds ' against USAA and XXXX XXXX XXXX 

There is NO warning when you 'mobile deposit ' that the bank has the right to remove funds and/or if a physical check is stolen that that would have precedence over a mobile deposit even if the check has cleared. 

I honestly believe that this issue would qualify as a class action lawsuit. When I was researching this issue, you can see that there are other consumer 's online making similar complaints towards this type of reversal which has occurred with other banks. This does not seem to be isolated to USAA and XXXX XXXX.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation