Consumer complaint received 2021-12-22
Company: NAVY FEDERAL CREDIT UNION
State: GA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
I submitted a CFPB complaint back in XX/XX/2021 and I am writing today in regards to the same complaint. I am asking the CFPB to assist me with resolving this situation set forth today. I lost my wallet and my cell phone that contained my personal identification information, credit card information and debit card information. Someone accessed my account without my knowledge or consent and illegally electronically transferred funds from another account into my account. I am not sure what happened after this but I was locked out of my banking profile and I notified navy federal as soon as I was aware. I was a victim of identity theft so I filed a identity theft report pursuant to 15 USC 1681a ( q ) ( 3 ) ( 3 ) Identity theft. The term identity theft means a fraud committed using the identifying information of another person, subject to such further definition as the Bureau may prescribe, by regulation. I sent this identity theft report to navy federal through the CFPB in my previous complaint and this was their response : " The following references the complaint we received on XXXX XX/XX/2021 from the Consumer Financial Protection Bureau on behalf of Navy Federal member XXXX XXXX XXXX. The complaint was assigned a case number of XXXX. We have researched our members concerns. We completed an investigation of XXXX XXXX claim of unauthorized activity and found it to be unsupported. Based on the facts of our investigation, the claim has been denied and our member remains responsible for the activity on his account. Should XXXX XXXX have any questions, he may contact XXXX XXXX, Assistant Vice President, XXXX XXXX XXXX, by calling XXXX, between the hours of XXXX XXXX XXXX XXXX XXXX, Eastern time, weekdays '' - end of response. 

I Submitted a valid identify theft report filed with the FTC. Pursuant to 15 USC 1681a ( f ) navy federal credit union is a credit reporting agency because it regularly furnishes information in its file about consumers, term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.Navy federal said they conducted an investigation of my claim of unauthorized activity and found it to be unsupported, but navy federal never sent any results from the investigation that was completed to myself or to the CFPB. navy federal said they conducted an investigation, pursuant to 15 usc 1681a ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. So who did navy federal interview or contact during this investigation that confirmed that I made these fraudulent transfers and can they send us proof? I'm requesting that navy federal credit union provide me and the CFPB with documentary evidence pursuant to 15 usc 44 relating to the fraudulent charges that took place on the account that hold me the consumer liable. In commerce an affidavit of truth stand as truth, I am also asking that NFCU provide myself and the cfpb with an affidavit of truth sworn under the penalty of perjury stating the facts found upon completion of this so called investigation, that holds me the consumer liable to the charges the occurred from that fraudulent unauthorized electronic funds transfer. I have been going back and forth with navy federal about this account for years and I am and deeply stressed by this matter. navy federal has restricted access to my deposit account and this is affecting how I can operate in commerce. I am asking the CFPB to help me look in this matter so that we can finally resolve this situation. navy federal has caused me enough mental stress and aguish. copies of the federal laws and the FTC report that I submitted to will me uploaded below. thank u and please help me resolve this matter asap.

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