Consumer complaint received 2022-11-23
Company: DISCOVER BANK
State: GA
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement
Sub-issue: Credit card company isn't resolving a dispute about a purchase on your statement

Complaint:
To whom it may concern ; This statement is regarding internal reference number : XXXX My wallet was stolen from my local gym, this past summer. In my wallet was my drivers license, SS Card, a XXXXXXXX XXXX XXXXXXXX XXXX credit card, both a XXXX XXXX XXXX credit and debit card and my Discover Credit card. I called Discover notifying them that my wallet was missing and there was already a summation of {$1700.00} worth of unauthorized transactions. I asked for the card to be locked and the transactions were disputed. I explained to Discover that no one else had authority to use my card. The transactions consisted of out of state purchases and unauthorized online transactions. As of XX/XX/XXXX Discover is holding me responsible for all out of state and online purchases. I have contacted the merchants regarding some of these transactions and have received details. From the information I have gathered, it appears that these transactions are made from email addresses that DO NOT belong to me. The email addresses are ; XXXX, XXXX, & XXXX. Both the billing and shipping address always have my name misspelled or some strange variation of my name. These transactions are also being authorized by a phone that DOES NOT belong to me. I have also been made aware that my Discover portal has documented conversations within the messaging center that did not come from me. There are messages coming from my portal on XX/XX/XXXX and XX/XX/XXXX asking why the card is declined and why the card is blocked, respectively. 

My Discover was used to make unauthorized purchases from XXXX XX/XX/XXXX. The law states that : " Under a XXXX Federal rule called Regulation E, banks are required to make clients whole if their money is stolen from a consumer account through an electronic payment initiated by another person. Since Reg E was written well before payment apps existed, the Consumer Financial Protection Bureau has issued guidelines saying that the law covers all person-to-person online payments. The bureau clarified that all unauthorized online money transfers- meaning any payment initiated by someone other than the customer and done without the customer 's permission- were the bank 's liability. But despite the updated guidance, banks in many cases are refusing to refund customers who claim - often with supporting documentation. 

Ive included in past statements, however it renders mentioning again, that my license and SS card were in my wallet when it was stolen. This information was documented in the original police report I filed shortly after my wallet went missing. It would explain why my address may be on some, if not all, of the purchases. I was also made aware that fraudulent credit card applications were being made in my name, with my SS number. The charges on my Discover card NEVER should have been approved. There are so many blatant inconsistencies with incorrect spelling, strange email addresses, and different phone numbers that it should have been a red flag for Discover, yet theyre the ones that permitted over {$1700.00} in fraudulent transactions. Furthermore, at least half of these purchases are made in South Carolina ; I live in Georgia and I have not been to SC at all this entire year. I have never received a request to approve or deny these transactions. I notified Discover that my card was missing when I filed the police report and from there responsibility and negligence fell on Discover, not me. 

In regards to Discovers first decision for a fraud claim with the account ending in XXXX. Both XXXX XXXX and Discovers customer advocacy department have relayed statements regarding your original decision. With that I have drawn up demurs for said statements : -My assertion does not dictate that my wallet was stolen on XX/XX/XXXX and the statement given to the police confirms. My gym was closed on XXXX, making it physically impossible for said wallet to be stolen on that day. What was said was that it was taken the WEEK OF XXXX. The police report was filed on XX/XX/XXXX. The assertion given, on XX/XX/XXXX, to your financial institution was that I had received the card, but did not use it prior to being taken. When I called your institution and agents advised that the card would be canceled and a new card would be sent out in the mail. Yet, Discover failed to cancel the card and, conveniently, no new card was EVER sent out until XX/XX/XXXX!! 
-I was locked out of my Discover account center access after I called in XXXX. I was denied access. AGAIN, I called into your financial institution and I was told that this was standard procedure after filing a claim and that it would remain locked until the investigation was completed. Yet, no other action from your financial institution was taken, other than locking my online account. My card was not canceled and no new card was sent out. Therefore, it would be the physically impossible for me to approve charges via my online account because I WAS LOCKED OUT. The only verification request I received, from my valid email address was a charge on XX/XX/XXXX from XXXX for {$240.00}. I selected no and I was sent confirmation that the charge was declined. I am providing documentation as proof. 
-only XXXX email alert was sent, regarding charges. It was on XX/XX/XXXX from XXXX for {$240.00}. I did not verify the charge and was told that it was declined and Discover would be notified. 
-From XXXX I received an email from Discover regarding my dispute FOUR different times. These emails all stated the same thing : that I could still access my online account and that I would receive a new card in 3-9 business days. When, in fact, I could not access my online account and no new card was ever sent. 
-Discover has failed to yield ANY evidence from merchants. I, however, have contacted ALL online merchants. I have also crossed referenced this information with the evidence provided from XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX ( XXXX other credit cards that were also in my wallet and taken at the same time ). The email addresses used in these online transactions are : XXXX XXXX XXXX and XXXX. ABSOLUTELY NONE OF THESE EMAIL ADDRESSES HAVE BEEN VALIDATED. Transactions from XXXX and XXXXXXXX XXXX XXXXXXXX do not match my IP address. Discover refuses to produce IP addresses, however since the same email addresses were used, more than likely the same IP address was used and said IP address DOES NOT belong to me. I have provided my correct IP address as documented proof. Furthermore ; my name & phone number are misspelled and incorrect on ALL shipping addresses COUNTLESS times. And I have made MULTIPLE statements that NO MERCHANDISE has been received at this shipping address. 
-In the evidence provided by XXXX XXXX XXXX XXXX XXXX XXXX XXXX all purchases were made from an XXXX XXXX. DISCOVER REFUSES TO PROVIDE SUFFICIENT EVIDENCE. However, I HAVE NOT OWNED AN XXXX XXXX SINCE XXXX. This can be confirmed with my cell phone XXXX. I have provided documented proof with the XXXX phones I have owned in XXXX ; am XXXX XXXX and an XXXX XXXX. The ONLINE TRANSACTIONS MADE WITH MY DISCOVER, XXXX, & XXXXXXXX XXXX XXXX XXXX CARD WERE ALL MADE WITH AN XXXX XXXX WHICH I DO NOT OWN. 
-Discover has falsified records stating that purchases were made with an XXXX XXXX and is refusing to provide evidence proving that. The penalties for the unlawful or accidental removal, defacing, alteration, or destruction of XXXX records or the attempt to do so, include a fine, imprisonment, or both ( 18 U.S.C. 641 and 2071 ) -Discover is stating that ALL in-person transactions were made in my local area. My wallet was stolen from my LOCAL gym. However, I have called and verified charges because Discover REFUSES to do so. On XXXX a transaction was made to XXXX XXXXXXXX for {$64.00} XXXX XXXX, SC. On XX/XX/XXXX transaction to XXXX {$150.00} XXXX XXXX, SC. On XX/XX/XXXX XXXX XXXX {$12.00} XXXX XXXX, SC. 

XXXX XXXX XXXX is blatantly lying. He is failing to research and he is failing to provide evidence because it would contradict his statements. He is providing false statements to support his narrative. I have spoken to him on the phone and he has accused other financial institutions of not doing their research when he himself has done ABSOLUTELY NO RESEARCH. I have provided him with names and numbers to my points of contact at XXXX and XXXXXXXX XXXX XXXXXXXX XXXX who worked tirelessly to conclude the CORRECT DETERMINATION. 

It is obvious that Discover has refused to review the facts I have provided. There is a preponderance of sufficient evidence to declare that my Discover, XXXX and XXXXXXXX XXXX XXXXXXXX XXXX card were all take at the same time and used by the same individual to make BOTH online and in-person unauthorized transactions. Therefore ; I the cardholder should not be held accountable for any charges ranging from XXXX. According to a XXXX Federal rule called Regulation E, banks are required to make clients whole if their money is stolen from a consumer account through an electronic payment initiated by another person. Since Reg E was written well before payment apps existed, the Consumer Financial Protection Bureau last year issued guidelines saying that the law covered all person-to-person online payments. The bureau clarified that all unauthorized online money transfers- meaning any payment initiated by someone other than the customer and done without the customer 's permission- were the bank 's liability. 

Neither XXXX XXXX XXXXXXXX nor XXXXXXXX XXXX XXXX XXXX hastily rushed into this decision. There were XXXX other claims, besides Discover, filed with XXXX different financial institutions. They all took time in conducting their own investigation, yet all XXXX of the investigations came back to the same conclusion : the card was in fact stolen and all transactions were fraudulent. Therefore ; my claims were awarded in full. The claims varied in amount : XXXX Debit- {$3400.00}, BofA- {$2700.00}, XXXX by XXXX XXXX {$1600.00}. I have personal names and numbers of individuals that worked on the cases. For XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX ) XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX ) XXXX. For XXXXXXXX XXXX XXXXXXXX XXXX : XXXX XXXX ( XXXX ) XXXX. I will continue to file complaints and reassert charges until Discover resolves this matter correctly. 

These charges were made without my knowledge and without my permission, which is the very definition of fraudulent transactions. I ask to please not hold me responsible for these unauthorized charges. It would be reasonable, in light of Discover card being stolen, that said transactions from XXXX be resolved in the cardholders favor and credited back to my account in the amount of {$1700.00}. Please see attached for documents solidifying that my Discover was in fact stolen at the time of these unauthorized in-person and online purchases. I have also included claims from XXXX XXXXXXXX XXXX and XXXXXXXX XXXX XXXXXXXX XXXX that were awarded in my favor, in full. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation