Consumer complaint received 2023-09-30
Company: FIRST NATIONAL BANK OF PENNSYLVANIA
State: FL
Product: Money transfer, virtual currency, or money service
Sub-product: International money transfer
Issue: Confusing or missing disclosures

Complaint:
CFPB Complaint : I requested and filed an international remittance transfer on XX/XX/XXXX. 
The transfer was made from my personal account at First National Bank of Pennsylvania ( XXXX ) to a personal account with XXXX XXXX in the amount of {$4000.00}. On XX/XX/XXXX we came to learn that the wire request and pretenses supporting it were FRAUDULENT. The wire deposit was intended to secure a reservation at a XXXX property in XXXX from XXXX XXXX. 

Upon learning that the reservation was made under false pretenses and we were defrauded of {$4000.00} USD I contacted my bank verbally in person that made the remittance transfer and was told by XXXX XXXX, the assistant bank XXXX that nothing could be done about the fraudulent transfer. My verbal in person notification occurred within 60 days of the date when the remittance transfer was debited from my checking account statement. 

I subsequently learned that I was misinformed by XXXX XXXX and XXXX does have a fraud department. I immediately notified the XXXX XXXX department on XX/XX/XXXX. I spoke with representative XXXX XXXX and explained all details of the remittance transfer and emailed all relevant copies of the transfer to him. He told me that XXXX would open an investigation into the transfer and request a recall of funds wired to XXXX XXXX based on fraud as the reason. I have all email correspondence with the fraud department to support this complaint. I never received any written or email reply summarizing the outcome of the investigation. Section XXXX of the CFPB requires remittance transfer providers to first provide an initial written estimate of costs to make the remittance transfer. I never received any written estimate of costs by XXXX to make the remittance transfer either prior to or following the transfer. 

Upon follow up communications with the XXXX XXXX department I was informed that they had received no reply/response from XXXX Bank XXXX XXXX bank of the fraudulent transfer remittance ). I requested that a second attempt be made to contact XXXX Bank and request a recall of the fraudulently wired funds. I was told by the XXXX XXXX department that an attempt and funds recall was made but I was refused any information or documentation of this second attempt only being told that XXXX Bank did not reply. 

On XX/XX/XXXX I made several requests with XXXX to seek documentation regarding the investigation they conducted regarding my fraudulent transfer remittance. I requested this information to verify that XXXX had completed all steps possible to notify XXXX Bank of the fraudulent transfer and request their assistance to recall the transferred funds. If XXXX had in fact notified XXXX Bank of the fraud on XXXX different occasions and requested their cooperation in investigating the fraud, a failure to reply or cooperate makes XXXX Bank uncooperative and deserving of investigation by the XXXX XXXX XXXX Ombudsman XXXX. Again, XXXX informed me that they had done all they could to help me but would provide NO details or documentation of their investigation, recall attempts, or responses from XXXX Bank on my remittance transfer. 

I have all copies of emails and other related correspondence with XXXX. 

I contend that First National Bank of Pennsylvania is guilty of non-compliance with multiple provisions of Section E of the CFPB covering international remittance transfers and written reporting requirements following an investigation. The XXXX Funds Transfer Act ( XXXX ) section 919 ( g ) ( 2 ) defines remittance transfer as the electronic transfer of funds by a sender in any State to designated recipients located in foreign countries that are initiated by a remittance transfer provider. The CFPB offers protections to consumers who make remittance fund transfers including specific procedures and other requirements for providers to follow in resolving errors. 
1005.33a ( 1 ) includes in the definition of error under ( v ) The senders request for documentation required by 1005.31 or for additional information or clarification concerning a remittance transfer.

1005.33b ( 1 ) states that A remittance transfer provider shall comply with the requirements of this section with respect to any oral or written notice of error from a sender that : ( i ) is received by the remittance transfer provider no later than 180 days after the disclose date of availability of the remittance transfer.

1005.33 ( c ) ( 1 ) states that A remittance transfer provider shall investigate promptly and determine whether an error occurred within 90 days of receiving a notice of error. The remittance transfer provider shall report the results to the sender.

1005.33 ( d ) sets the requirements for procedures if the remittance transfer provider determines no error or different error occurred. 33 ( d ) ( 1 ) states The remittance transfer providers report of the results of the investigation shall include a written explanation of the providers findings and shall note the sender 's right to request the documents on which the provider relied in making its determination. The explanation shall also address the specific complaint of the sender. 33 ( d ) ( 2 ) addresses copies of the documentation by writing : Upon the senders request the remittance transfer provider shall promptly provide copies of the documents on which the provider relied in making its error determination. 
XXXX has completely refused to provide me with any information or documentation regarding my remittance transfer after being informed that the transfer was made under fraudulent information and pretenses. I never received any written report or explanation regarding the investigation I was told they were conducting. XXXX has also refused my multiple requests for documentation of their communications and recall requests with XXXX Bank. I have been told by XXXX that they have done all they could to help me but would document none of their actions or correspondence. They have told me that I deserve no further information and in fact they have provided none to me. 
This complete refusal to be cooperative and assist me in trying to further investigate the fraudulent transfer is difficult to understand. My only conclusion is that no investigation or funds recall ever occurred by XXXX and this is why they repeatedly refuse to share any information with me. 
My request for the investigation results and documentation were escalated to both the XXXX XXXX XXXX XXXX, XXXX and chief legal XXXX, XXXX XXXX XXXX. XXXX XXXX restated that the bank owed me no explanation or documentation and warned me against any action against the bank including filing this complaint with the CFPB. I will forward all email communications to and from XXXX XXXX and me as part of this complaint if requested. 

The email addresses for XXXX XXXX and XXXX XXXX are noted below : XXXX and XXXX Please let me know if you require any additional information from me to research this complaint. I look forward to receiving your response. 

Thank you, XXXX XXXX XXXX

Company response to consumer: Closed with explanation