Consumer complaint received 2024-11-22
Product: Checking or savings account — Checking account
Issue: Managing an account — Problem using a debit or ATM card
Company: UNITED SERVICES AUTOMOBILE ASSOCIATION (FL)

Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX, IA XXXX Date : XX/XX/year> RE : Services Not Received - Dispute Under Regulation E Account Holder : XXXX XXXX XXXXransaction Amount : {$3700.00} Transaction Date : XX/XX/year> Dear CFPB Representative : I am writing to file a formal complaint against USAA and XXXX XXXX  regarding their improper handling of my dispute for services not received, involving a transaction of {$3700.00} that occurred on XX/XX/year>. Both financial institutions have failed to properly investigate and resolve my claim under applicable federal laws and regulations. 

Legal Basis for Dispute : Regulation E ( 12 CFR 1005.11 ( c ) ( 1 ) ) : Requires financial institutions to investigate and resolve errors within 10 business days May extend to 45 days if provisional credit is provided Must inform the consumer of investigation results in writing EFTA Section 909 ( c ) [ 15 USC 1693g ] : Special Liability Rules for Transactions Not at Electronic Terminal Protects consumers against liability for unauthorized transfers not initiated at an electronic terminal Federal Trade Commission 's " Business Opportunity Rule '' 16 CFR 437 : Requires clear disclosure of material terms in business opportunity sales Prohibits misrepresentations about business opportunities The transaction violates this rule as no required disclosures were provided CFPB Regulation E Commentary ( Supplement I to Part 1005 ) : Section 1005.11 ( a ) -3 : Defines " error '' to include services not received Section 1005.11 ( c ) -3 : Details investigation requirements Section 1005.11 ( d ) -1 : Requires written explanation of findings UCC Article 4A-207 : Provides protection against payment for services not received Establishes the right to refund when services are not delivered as promised Facts Supporting " Services Not Received '' : Documentation of Promised Services : Written promise of {$250000.00} government grant delivery Specific timeline commitments that were not met Multiple written communications promising service delivery Proof of Non-Delivery : No grant received by promised XX/XX/year> deadline No evidence of any grant application processing Complete cessation of communication from service provider Pattern of excuses and delays documented from XXXX through XX/XX/year> Evidence of Systematic Fraud : At least 29 other victims identified Same pattern of promised services never delivered Identical scheme of collecting " processing fees '' without service delivery Financial Institution Failures : USAA and XXXX XXXX failed to : Properly investigate under Regulation E requirements Consider clear evidence of services not received Provide detailed explanation of investigation findings Follow CFPB guidance on services not received disputes Implement proper fraud prevention measures under 12 CFR 205.6 Investigation Deficiencies : No evidence they contacted the merchant for proof of service delivery Failed to consider documented pattern of fraud Did not address clear timeline of non-delivery Ignored evidence of systematic scheme affecting multiple victims Requested Actions : Direct both financial institutions to : Conduct proper investigation under Regulation E Provide provisional credit per 12 CFR 1005.11 ( c ) ( 2 ) Submit detailed investigation findings Refund the {$3700.00} for services not received Review for regulatory violations : Failure to properly investigate under Regulation E Non-compliance with EFTA investigation requirements Violation of CFPB examination procedures regarding error resolution Enforce consumer protection requirements : Mandate compliance with Regulation E timeframes Require proper error resolution procedures Ensure appropriate handling of services not received claims I have extensive documentation to support all aspects of this complaint, including : All email communications with the merchant Timeline of promised vs. actual service delivery Evidence of systematic fraud scheme Records of dispute submissions to both financial institutions The facts clearly demonstrate this is a legitimate " services not received '' case that falls under Regulation E protection. Both financial institutions have failed in their regulatory obligations to properly investigate and resolve this dispute. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX, FL XXXX cc : USAA Federal Savings Bank XXXX XXXX XXXX XXXX XXXX