Consumer complaint received 2016-12-28
Company: WELLS FARGO & COMPANY
State: AL
Product: Bank account or service
Sub-product: Other bank product/service
Issue: Deposits and withdrawals

Complaint:
***Please note : This complaint has been faxed as well as mail in to your agency on XXXX XXXX, 2016. 
Contention XXXX Wells Fargo engaged in allowing XXXX XXXX and XXXX XXXX to pass fraudulent checks through XXXX payroll/government cashing services. XXXX uses Wells Fargo Bank ( formally Wachovia Bank ) as their banking institution for their check cashing services/government check cashing services. Once we ordered XXXX questionable checks from XXXX 's original business checking account, discovered that XXXX ( Wells Fargo/Wachovia bank ) did not process these checks using Check XXXX. Certain months XXXX allowed XXXX XXXX and XXXX XXXX to cash more than XXXX checks per person, including payroll and a/p checks, through their check cashing services or XXXX ( their verification system that does not actually cash the check ) ; Wells Fargo was the depositing banking institution XXXX chose to make its ' deposit for the a/p and payroll checks. These fraudulent instrument ( s ) were deposited into XXXX 's business checking account. There are many accounts payable checks that XXXX cashed for these individuals, outside of the scope that XXXX was given authority ( Please see Exhibit XXXX ). However, Wells Fargo could not properly verify the check, initially paid by XXXX before that check was deposited into a bank. Here XXXX is acting as a third party agency because they are not a bank. Usually there are two parties on a check. 1. The person writing the check or account holder. 2. The person the check is written to or payee. It becomes a third party check when another person or entity tries to negotiate this check on behalf of the payee. XXXX is the cashing entity becomes the third party negotiating that check. XXXX is considered a third party negotiator. There are many violations here according to the Bank XXXX. 
Contention XXXX XXXX 's original business checking account was breached by infiltrating an unauthorized signature holder to operate these accounts without verification of deposits between the bank ( s ) and original issuing bank ( XXXX ) before cashing by XXXX pay-agent/third party service Wells Fargo. It appears that XXXX is a pay agent/third party service to Wells Fargo Bank as the issuer of the check? The XXXX check cashing service is not a part of the Federal Reserve Banking system, which gives it the ability to circumvent the check and balance system of ACH as required by federal banking laws ( XXXX ). There is no substitute check ( s ) of XXXX 's original check with the federal required restriction statement stamp on the substitute check that states, " This is a legal copy of your check. '' The substituted checks allowed faster processing or " check in '' that are similar in size to the original check with a slightly reduced image of the front and back of the original check. XXXX had purchased a more security coverage to circumvent check fraud. Well Fargo check cashing service through XXXX, acting as a pay agent or service, is used as a conduit to breach the security coverage at the issuing bank to prevent fraud. XXXX, the pay agent or service, does not have the capability to place nor hold funds drawn on another bank to verify the payee or depositor ( s ) nor to withhold the availability of the corresponding amount of funds that are already in the payee account at their assigned bank ( s ). ( Please see Exhibit XXXX and XXXX ) XXXX ' personal bank XXXX XXXX XXXX took fingerprints to verify identity due to her constant name changes ; although the signer on the check was forged.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation