Consumer complaint received 2024-10-30
Product: Checking or savings account — Checking account
Issue: Problem with a lender or other company charging your account — Transaction was not authorized
Company: U.S. BANCORP (CA)

On XX/XX/year> I became a victim of identity fraud. My US Bank issued VISA debit card, ending in XXXX was used for an unauthorized transaction by an entity known XXXX XXXX XXXX  while I was on vacation in the XXXX XXXX. As soon as I discovered the unauthorized use, I reported it to US Bank. I continued to provide as much information as I could about the transaction to US Bank over the course of the last several months. ( See Exhibits A, B ). US Bank initially provided me with a credit for the amount of the fraudulent transaction for {$1100.00}. On XX/XX/year>, US Bank sent me a denial of my fraud claim, and ten days later reversed the credit of {$1100.00}. ( See Exhibit C ). 

US Bank claims that they are unable to assist me with resolving my fraud dispute and retracted the initial credit. US Bank states that it made its determination based on the following information XXXX XXXXXXXX XXXX provided terms and conditions that made the transaction nonrefundable XXXXXXXX XXXX  customers are required to provide all personal information and acknowledge that they accept all terms and conditions of the transaction When I requested US Bank send me the information it relied on in its findings listed above, it provided me with documentation from VISAs communication from the merchant. ( See Exhibit C ). No where in the documentation from the merchant can I find any mention of XXXX XXXX terms and conditions. Additionally, no where in the documentation allegedly relied on can I find any mention of the merchant using my name or referencing any personal information, with the exception of the last four digits of my US Bank debit card ( information that this person/entity would have gained from swiping my card or from the VISA dispute ). 

The entire narrative presented by XXXX XXXX to US Bank, via Visa, is a fiction. As I have stated in every communication with US Bank from the moment I identified the unauthorized use, when I first called US Bank to dispute the charge at approximately XXXX3 XXXX XXXX on XX/XX/year> ( XXXX XXXX  XX/XX/year> EST ), I was the victim of fraud and unauthorized use. ( See Exhibit D ). I, along with XXXX friends, called an XXXX from a neighborhood in XXXX XXXX, attempting to get back to our XXXX in another neighborhood in XXXX XXXX. The driver who came to pick us up, identified himself as XXXX. He told us that he could not take us to the location we needed to go using the XXXX we had called, but that he would still take us there and we could pay outside of the XXXX app. I canceled the XXXX per XXXX instruction. Please see the XXXX cancellation receipt from XX/XX/year> at XXXX EST. ( Exhibit XXXX ). Once we got to our XXXX, XXXX advised me he would charge me XXXX XXXX XXXX. I agreed to that price and handed over my debit card. He swiped the card, and he advised me he could send me the receipt via XXXX. He gave me a phone number, which I only later realized was fake. As soon as XXXX gave me back my card I knew something wasnt right. He drove away and I immediately checked my banking app where I saw he had taken {$1100.00} from my US Bank Checking account. This was the first and only time I saw the name XXXX XXXX as that was the business identified as the one who took the {$1100.00} in my pending transactions. As soon as I could get a call through, I called US Bank to advise them of the unauthorized use and attempted to stop the payment, but I was advised I could not. 

I am extremely confused why US Bank has determined that XXXX XXXX narrative provides US Bank with a legitimate reason to dismiss my claims. In addition to being fiction XXXX XXXX XXXX response is riddled with clear inaccuracies. Again, I called US Bank to report the fraud at XXXX XXXX EST on XX/XX/year>, a time during which the XXXXXXXX XXXX narrative alleges I was on a night tour. It also claims that payment was made on XX/XX/year> after a round trip night tour per the receipt, yet that payment was made sometime between XXXX XXXX EST XX/XX/year> and XXXX XXXX EST XX/XX/year>, per my screenshot of the payment after I looked at my US Bank application. ( Exhibit F ). I am not sure what night tour that allegedly would be XXXX hours ( as it is XXXX hours one way from XXXX to XXXX ) ends at XXXX, especially in the XXXX XXXX XXXX I would be interested to know what is visible during these night tours or why one would be in need of a night tour round trip from these locations. 

The merchants narrative response to the XXXX dispute also states that one of them agreed to pay with his cardand they would agree with each other later. The narrative attempts to show the merchant recalls the transaction, and yet I am a woman, and so I find it interesting that they claim a man made the payment. They also have not provided anything that has my personal information, so I am guessing the merchant lacks my name and information, so the merchant guessed it must have been a man who proffered payment. 

Finally, US Banks advice for me in light of its denial, is that I work with the merchant to resolve my claim. As mentioned above, I have no contact information for the merchant. Ive attempted to get XXXX to provide me with the contact information for XXXX, to no avail. I attempted to call XXXX on the fake number he provided me. I have also attempted to get US Bank and VISA to give me XXXXXXXX XXXX contact information, which they claim they can not do. ( Exhibit G ). US Bank is the only entity in this transaction with the power to resolve the issue. 

To reiterate, in addition to being a made-up story, the alleged merchant provided no evidence of terms or conditions that I agreed to, nor any evidence that the merchant had my personal information or proof that I agreed to any terms and conditions. US Bank has therefore not provided any legitimate reason for denying my claim. 

By denying my claim using the above stated reasoning, US Bank has acted in bad faith by refusing to reimburse me for fraudulent transactions despite me providing sufficient evidence and the merchant providing nothing legitimate, violated California consumer protection laws by not adequately addressing my complaint, and has engaged in unfair business practices by denying my claim without a reasonable basis. 

US Bank has failed to protect me, a lifetime user of their banking services and a consumer, by allowing a merchant to take a significant sum from me in an unauthorized transaction, and then buy into the merchants fabricated narrative. I ask that US Bank reverse its denial, and I demand that US Bank re-issue the {$1100.00} to my checking account as soon as possible. 

I appreciate your prompt attention and consideration of this appeal and complaint.