Consumer complaint received 2016-11-18
Company: PACIFIC WESTERN BANK
State: CA
Product: Bank account or service
Sub-product: Checking account
Issue: Deposits and withdrawals

Complaint:
Pacific Western Bank is in full breech of a Federal Law named 12 CFR 1005.6 Liability of consumer for unauthorized transfers. This is also known as Regulation E. 

I informed XXXX XXXX, manager of the bank 's XXXX branch at XXXX XXXX XXXX, 2016. 

12 CFR 1005.6 : Liability of consumer for unauthorized transfers. 

12 CFR 1005.6 ( B ). Limitations on amount of liability. A consumer 's liability for an unauthorized electronic fund transfer or a series of related unauthorized transfers shall be determined as follows : 12 CFR 1005.6 ( B ) ( 3 ). A consumer must report an unauthorized electronic fund transfer that appears on a periodic statement within 60 days of the financial institution 's transmittal of the statement to avoid liability for subsequent transfers. If the consumer fails to do so, the consumer 's liability shall not exceed the amount of the unauthorized transfers that occur after the close of the 60 days and before notice to the institution, and that the institution establishes would not have occurred had the consumer notified the institution within the 60-day period. 
Official Interpretation to 6 ( b ) ( 3 ) : Transfers not involving access device. ( Actual Debt Card ) The first XXXX tiers of liability do not apply to unauthorized transfers from a consumer 's account made without an access device. If, however, the consumer fails to report such unauthorized transfers within XXXX calendar days of the financial institution 's transmittal of the periodic statement ( Pacific Western Bank statement mailed XXXX XXXX, 2016 = XXXX XXXX, 2016. I reported it to Pacific Western Bank on XXXX XXXX, 2016 ), the consumer may be liable for any transfers occurring after the close of the 60 days and before notice is given to the institution. 

The unauthorized transactions did not use a loss or theft of a device ( debt card ) -- or a pin number assigned to the debt card number as defined in 12 CFR 1005.6. The transactions were over the internet to XXXX and used my debt card NUMBER only. 

Thus after the close of 2 business days my liability will not be {$500.00} as when the device ( debt card ) is lost or taken by physical theft per 12 CFR 1005.6. Pacific Western Bank by law must have provided by XXXX XXXX, 2016 a full provisional credit for the unauthorized charges I detailed to the bank from XXXX XXXX, 2016. Pacific Western Bank still refuses to do so and refuses to communicate with me. 

As I reported the unauthorized transfers on Thursday XXXX XXXX, 2016, the bank is liable for all unauthorized tranfers I reported from XXXX XXXX, 2016. ( 60 days ) per 12 CFR 1005.6 The bank has 10 days to provide a provisional credit for the unauthorized transactions from XXXX/XXXX/2016. That day was XXXX XXXX, 2016. I received a provisional credit for just {$560.00} on XXXX/XXXX/16 when the amount from XXXX/XXXX/16 is {$1700.00}. Thus, since the bank owes me an additional {$1200.00} since XXXX XXXX, 2016 to comply with Federal Law 12 CFR 1005.6 Bottom Line : Pacific Western Bank is : ( A ) Breeching Federal Law 12 CFR 1005.6 as shown above ( B ) Owes me {$1200.00} ( C ) Refuses to comply with Federal Law even after I informed the bank of the exact breech and the Federal Law supporting my position

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation