Consumer complaint received 2023-12-07
Company: WELLS FARGO & COMPANY
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
This is the third request. Claim # XXXX. This should have been one claim with Wells Fargo, not two. This claim was made once my old card was declined, and I received a notification that my new card had been activated. I NEVER RECIEVED MY NEW CARD. Wells Fargo has said that I'm lying and technically committing fraud stating that the {$2500.00} dollar withdrawal or bank transfer or bank transaction was completed by me or someone I authorized to use my account. Which is all not true. The details to this transaction I don't feel have been properly investigated. The first half of my claim ( which Wells Fargo separated on their own # XXXX in the amount of {$1200.00} ) was returned to me. I did not file two separate claims. These transactions happened on the same day and apparently with the same card which i was not in position of. The replacement card that I did not activate and was not in possession of. But yet they have sufficient evidence to overturn those transactions. ( which I was told they used my pin number ) This is my original complaint that they closed. Replacement card was ordered. I Never received it. Old card was declined ( XXXX XXXX ) while trying to buy lunch. prompt me to check my checking account. That is when I saw an atm withdrawal, of {$1000.00} then a, " In branch '' withdrawal of {$2500.00}, a restaurant charge of {$50.00}, and a motel room charge, etc, Called Wells Fargo to report the transaction and to advise them I did not receive the replacement card, I only was in position of the original card that I was requesting to replace. They then closed account and reopened a new one and said they would investigate it. I received two separate letters dated 3 days after the claim was filed, that the claim was denied because someone I knew, or I performed this transaction with use of a pin number. I have reached out to escalate the matter. i was told an XXXX would contact me in two days, it happened almost a week later. I was told the XXXXXXXX XXXX  was an ACH withdrawal. we asked what that meant, and she couldn't really explain feel the investigation was not completed, or the XXXX is limited. When called She did not have the answers to those questions. We have filed a police report with our local pd, but they close the claim automatically because they stated the banks protect their clients with anything less than {$15000.00}. 
We received a small packet with information maybe a teller would be able to understand. We see dates, but no real evidence to validate their claim. 

" The Consumer Financial Protection Bureau states that if money was taken from your account as a transaction using a debit card or electronic fund transfer, you may have additional protections under federal law. Electronic fund transfers can mean ATM transactions ( such as someone stealing your debit card info ), purchases using your debit card, online bill pay, and payments youve set up as directly coming out of your bank account. In short, essentially most of the transactions most modern bank clients engage in on a day-to-day basis. 

" If Your Card or Pin Were Lost/Stolen The CFPB states that if you lose your debit card or PIN, or it was stolen, you have two business days to notify your bank or credit union after discovering the theft or loss. If done within this time frame, the bank or credit union can not hold you responsible for more than the amount of any unauthorized transactions or {$50.00}, whichever is less. If you notify your bank or credit union after the two business days, you could be on the hook for up to {$500.00} in authorized transactions. 

The same rules apply if you had cash taken directly out of your account as a result of a stolen PIN or security code. '' This is not acceptable, if I have trusted my Money to Wells Fargo. I have been a member of Wells Fargo Bank since XXXX with no problems, no claims.

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