Consumer complaint received 2020-07-14
Company: BBVA FINANCIAL CORPORATION
State: OR
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:
I bank online with Simple Bank. 
I had 6 fraudulent charges on my account by XXXX that posted XX/XX/XXXX were for the following amounts : {$0.00}, {$54.00}, {$1.00}, {$100.00}, {$210.00}, and {$2.00}. 
I called Simple Bank on XX/XX/XXXX to report fraudulent activity regarding numerous unauthorized charges from XXXX. 
At the time i called, the charges were pending. When I spoke to the support person they were able to tell me that the charges coming from XXXX. They said that they would forward the information to the fraud/investigation department and to look out for a response from them. The fraud department asked me to send any documentation that I had. Since I did not make this transaction, I had no documentation to provide. 

on XX/XX/XXXX I received the following message from XXXX  of Simple Fraud and Disputes department : " Based on our investigation, we have concluded that no error occurred ; therefore, no funds will be credited to your account and this matter is considered closed. The reason ( s ) for denial : -The cardholder provided access to a third party, who exceeded the authority given. '' I can only assume that they were referring to the fact that my live-in partner of 7 years uses my card. 

On I sent an email on XX/XX/XXXX and then on XX/XX/XXXX, I sent the following email : " Dear Fraud Investigation Expert, I emailed the following message on XX/XX/XXXX, but havent even received confirmation that my message was received. I would really appreciate knowing that I am a valued customer and that this is being taken seriously. Can you please forward this to whoever needs to see it and give me some sort of communication to let me know what the status is? 

Dear Fraud Investigator, I called to report fraudulent activity regarding numerous unauthorized charges from XXXX. 
At the time i called, the charges were pending. When I spoke to your support person they were able to tell me that the charges coming from XXXX. They said that they would forward the information to the fraud/investigation department and to look out for a response from them. The feud department asked me to send any documentation that I had. Since I did not make this transaction, I had no documentation to provide. The 6 charges by XXXX that posted XX/XX/XXXX were for the following amounts : {$0.00}, {$54.00}, {$1.00}, {$100.00}, {$210.00}, and {$2.00}. 

I received the following message from XXXX of your Fraud and Disputes department : " Based on our investigation, we have concluded that no error occurred ; therefore, no funds will be credited to your account and this matter is considered closed. The reason ( s ) for denial : -The cardholder provided access to a third party, who exceeded the authority given. '' This makes no sense to me whatsoever. As experts in fraud investigation, I'm certain that you are aware that the several small charges on my card are red flags for fraudulent activity. I can only assume the the third party that is mentioned as exceeding authority given refers to my girlfriend. 
My girlfriend and partner of 7 years makes most of the payments and purchases with my card. I shared this with your support person on the phone call when I notified Simple of the unauthorized charges. The FTC limits consumer responsibility for fraud as follows ( as I'm sure that you're aware ) : ***If you report an ATM or debit card missing before someone uses it, the EFTA says you are not responsible for any unauthorized transactions. If someone uses your ATM or debit card before you report it lost or stolen, your liability depends on how quickly you report it : If you report : Your maximum loss : Before any unauthorized charges are made. {$0.00} Within 2 business days after you learn about the loss or theft. {$50.00} XXXX I'm disappointed in the response from the fraud department and would appreciate my money reimbursed, per FTC regulations. Failing that, I am requesting more detailed response that shows due diligence and rationale for the decisions made on the part of your fraud department. 
There were also 2 (? ) fraudulent charges from XXXX made the same day, which we included in our original call regarding fraudulent charges, but they never cleared. 
Thank you for your prompt attention in this matter, " I have since called Simple numerous times requesting updates. Simple will not connect me to the Fraud Investigation department and customer service tells me every time that they will email me when they have an update. I have not received any updates of any kind, other than to acknowledge that I have sent communication regarding the fraudulent charges.

Company response to consumer: Closed with explanation