Consumer complaint received 2022-09-23
Company: Block, Inc.
State: PA
Product: Money transfer, virtual currency, or money service
Sub-product: Mobile or digital wallet
Issue: Fraud or scam

Complaint:
On XXXX XXXXXXXX XXXX I was robbed of my vehicle, house keys, wallet and phone by someone I knew who I allowed into my home while I was asleep. They completely cleared all the money ( {$5300.00} ) I had to my name on cash app by sending an authorized payment to another cash app user using my stolen device.When I woke up and obtained a phone from a neighbor I made a police report in regards to documenting and catching the perpetrator and contacted cash app seeking my funds back. Upon giving me the run around after I gave them all the information asked for including the doc # for my fraud and auto theft case they told me they could not do anything. I lost my home and was struggling to take care of my family for over two months after being denied help. In accordance to regulation E Cash app has committed several violations in respect to my rights. I contacted them the same day XX/XX/XXXX so my liability should have been relinquished as I responded to the incident in a timely manner .After they concluded their investigation on XX/XX/XXXX I was told nothing could be done and I was left with nothing .My funds were on my cash app balance which are fdic insured up to XXXX I was not given provisional credits or an explanation as to why I was liable when I was a victim of fraud/auto theft and more recently identity theft as my personal documents ( ss/birth certificate ) were stolen as well. Consumer Liability for Unauthorized Transfers Electronic Fund Transfer Act Event Loss or theft of access device1 Loss or theft of access device Timing of Consumer Notice to Financial Institution Within two business days after learning of loss or theft More than two business days after learning of loss or theft up to 60 calendar days after transmittal of statement showing first unauthorized transfer made with access device More than 60 calendar days after transmittal of statement showing first unauthorized transfer made with access device Within 60 calendar days after transmittal of the periodic statement on which the unauthorized transfer first appears More than 60 calendar days after transmittal of the periodic statement on which the unauthorized transfer first appears Maximum Liability Lesser of {$50.00} or total amount of unauthorized transfers Lesser of {$500.00} or the sum of : ( a ) {$50.00} or the total amount of unauthorized transfers occurring in the first two business days, whichever is less, and ( b ) The amount of unauthorized transfers occurring after two business days and before notice to the financial institution.2 For transfers occurring within the 60-day period, the lesser of {$500.00} or the sum of ( a ) Lesser of {$50.00} or the amount of unauthorized transfers in first two business days, and ( b ) The amount of unauthorized transfers occurring after two business days.

For transfers occurring after the 60-day period, unlimited liability ( until the financial institution is notified ) .3 No liability.

Unlimited liability for unauthorized transfers occurring 60 calendar days after the periodic statement and before notice to the financial institution.

Loss or theft of access device Unauthorized transfer ( s ) not involving loss or theft of an access device Unauthorized transfer ( s ) not involving loss or theft of an access device 1. Includes a personal identification number ( PIN ) if used without a card in a telephone transaction, for example.

2. Provided the financial institution demonstrates that these transfers would not have occurred had notice been given within the two-business-day period.

3. Provided the financial institution demonstrates that these transfers would not have occurred had notice been given within the 60-day period. 
Reg. E According to Regulation E cash app failed to protect their consumer and committed several violations. The remedies I am seeking as well as violations that occurred are as follows : TREBLE DAMAGES. -- If in any action under section 915, the court finds that -- ( 1 ) the financial institution did not provisionally recredit a consumer 's account within the ten-day period specified in subsection ( c ), and the financial institution ( A ) did not make a good faith investigation of the alleged error, or ( B ) did not have a reasonable basis for believing that the consumer 's account was not in error ; or ( 2 ) the financial institution knowingly and willfully concluded that the consumer 's account was not in error when such conclusion could not reasonably have been drawn from the evidence available to the financial institution at the time of its investigation, then the consumer shall be entitled to treble damages determined under section 915 ( a ) ( 1 ).

( f ) ACTS CONSTITUTING ERROR. -- For the purpose of this section, an error consists of -- ( 1 ) an unauthorized electronic fund transfer ; ( 2 ) an incorrect electronic fund transfer from or to the consumer 's account ; [ Codified to 15 U.S.C . 1693f ] I want my funds returned to me in the amount of {$5300.00} as well as the funds for damages I am owed for violation of my rights. I have all of my previous correspondences with Cash app and emails between myself and the detective if those need to be furnished.

Company response to consumer: Closed with explanation