Consumer complaint received 2022-06-22
Company: Block, Inc.
State: FL
Product: Money transfer, virtual currency, or money service
Sub-product: Domestic (US) money transfer
Issue: Other transaction problem

Complaint:
On XX/XX/2022, I was out in XXXX XXXX in XXXX, Florida alone. I was hanging out with a group of people that had just been in a club. A man and woman came up to the group of people and asked to borrow a phone. They wouldn't drop it so I let them borrow mine. They then stole my phone, logged into my CashApp, and used it to CashApp themselves {$440.00}. CashApp says this wasn't fraud and they are not liable because of their terms and services which says, " The following are NOT considered Unauthorized Transactions : If you give someone access to your Account ( e.g. by giving them your login information ) and they use your Account without your knowledge or permission, unless you have notified us that transfers by that person are no longer authorized ; '' but according to the Electronic Transfer Funds Act, " The EFTA distinguishes between intentionally providing access to someone, like a friend or family member, and access obtained by fraud or robbery. For example, an account holder who provides their PIN to someone falsely pretending to be a bank representative is protected by the EFTA. In one recent case, a bank argued the account holder authorized an EFT after an identity thief manipulated him into providing his bank information. The court disagreed and found the EFT was unauthorized because the account holder was defrauded. '' I did not give them access to my CashApp on purpose. I didn't give them access to CashApp at all, just my phone, but it must've been logged in. I have a PIN set up for transactions now but I really wish CashApp required a PIN for all transactions ; I didn't even know it was an option. I am very upset because I was just trying to be nice and I was robbed and lost all of my pictures and contacts that weren't synced to XXXX. {$440.00} is the most money I'd ever had in my CashApp. This was horrible luck and has made me feel suicidal. 
The transaction occurred at XXXX AM to CashApp handle $ XXXX named XXXXXXXX. I don't know this person 's real name and I feel CashApp was wrong to try to claim this wasn't a fraudulent transaction, like the person could be my friend, but not share the email/phone number of the thief so I can identify them and get my stolen phone back. By not sharing this information in the " documents '' that CashApp said it used to support its decision to not refund me because they say it isn't fraud, I feel CashApp is admitting it is a fraudulent transaction, they just don't want to refund me. 
I told CashApp to contact the XXXX XXXX XXXX Police at XXXX and ask for detective XXXX XXXX in regards to police report XXXX for information about my stolen phone. There was even a search warrant placed on the account that stole from me. I've heard CashApp shared the information of the account with the detective so I don't understand why they are still saying this was not a fraudulent transaction. It is not beyond the capabilities at all of CashApp for them to reverse the transaction and put her balance to - {$440.00}. I offered to deposit an additional {$440.00} in my account so they wouldn't lose interest. CashApp makes billions of dollars in profit per year so it's not that they don't have the money -- they just don't want to help me because I was swindled, but it's not like I gave people my CashApp PIN or something like that, I was just trying to be nice, to let someone borrow my phone for a call because I genuinely thought they needed it, and I really don't think I should be punished for that!!! If I do not get this money back it is blatantly against the law of the EFTA -- I feel like I need to go submit small claims for {$80.00}, but the EFTA says I shouldn't be liable for more than {$50.00}. 
Within 2 hours of realizing I was robbed, I notified CashApp and filed a dispute through CashApp Disputes. CashApp Disputes has now said twice it wasn't fraud and they aren't going to help me. CashApp, i.e. Block, Inc, have considerably damaged my mental health by not recognizing the fact that I was robbed even though I gave them plenty of evidence that my phone was stolen and that's how the thieves got into my CashApp. I am very depressed about the pictures and contacts I lost and to not get this money back either, when it was all my cash I had, is really making me wish I was dead.

Company response to consumer: Closed with explanation