Consumer complaint received 2024-06-07
Product: Checking or savings account — Checking account
Issue: Managing an account — Problem using a debit or ATM card
Company: M&T BANK CORPORATION (PA)

Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX, IA XXXX Subject : Formal Complaint Against M & T Bank for Failure to Protect Against Fraudulent Merchant and Unauthorized Sharing of Personal Information Dear Sir/Madam, I am writing to lodge a formal complaint against M & T Bank for their gross negligence in failing to protect me, their customer, against a fraudulent merchant. Furthermore, I wish to report the collusion between M & T Bank and the merchant, XXXX XXXX XXXX XXXX resulting in the unauthorized exchange of my personal information, including a half-nude photograph, without my knowledge or consent. These actions are not only morally reprehensible but also constitute clear violations of multiple federal laws and regulations. 

XXXX. **Failure to Protect Against Fraudulent Merchant** : M & T Bank 's failure to protect me against a fraudulent merchant violates several key regulations and laws designed to safeguard consumers : - **Electronic Fund Transfer Act ( EFTA ) ** XXXX The EFTA, under Regulation E, mandates that banks must investigate and resolve errors related to electronic fund transfers, including unauthorized transactions and fraud. M & T Bank 's negligence in handling my claim demonstrates a blatant disregard for their obligations under this law. 

- **Federal Trade Commission Act ( FTCA ) ** : The FTCA prohibits unfair or deceptive practices affecting commerce. M & T Banks failure to act on my claim constitutes an unfair practice that undermines consumer trust and protection. 

- **Uniform Commercial Code ( UCC ) Article XXXX : This law governs funds transfers and requires banks to exercise ordinary care in processing and verifying transactions. M & T Banks inability to protect my funds from a fraudulent merchant clearly breaches this duty of care. 

XXXX. **Collusion and Unauthorized Sharing of Personal Information** : M & T Banks collusion with the fraudulent merchant to exchange my personal information, including a half-nude photograph, constitutes severe violations of privacy laws and regulations : - **Gramm-Leach-Bliley Act ( GLBA ) ** : The GLBA requires financial institutions to protect the confidentiality and security of customer information. M & T Banks unauthorized disclosure of my personal data is a direct violation of this act. 

- **Right to Financial Privacy Act ( RFPA ) ** : This act establishes specific procedures that federal government authorities must follow when requesting a customer 's financial records from a financial institution. Although this does not directly involve government authorities, the spirit of this law emphasizes the importance of protecting customer privacy, which M & T Bank has clearly ignored. 

- **Fair Credit Reporting Act ( FCRA ) ** : The FCRA mandates that consumer information must be protected and handled with strict confidentiality. The unauthorized exchange of my personal image between M & T Bank and the fraudulent merchant is a gross violation of my rights under this act.

- **Electronic Communications Privacy Act ( ECPA ) ** : The ECPA prohibits the unauthorized interception and disclosure of electronic communications. The sharing of my photograph without consent is a clear breach of this statute. 

The actions of M & T Bank are not only illegal but also an egregious betrayal of the trust that consumers place in financial institutions. Therefore, I demand the following immediate actions : XXXX. **Investigation and Accountability** : Conduct a thorough investigation into M & T Banks handling of my claim and their collusion with the fraudulent merchant. Hold all parties accountable for their unlawful actions. 
XXXX. **Cease and Desist** : Issue a cease and desist order to M & T Bank to immediately halt any further unauthorized sharing of my personal information.

3. **Penalties and Fines** : Impose the maximum penalties and fines permissible under the relevant laws for these grave violations.

4. **Corrective Measures** : Mandate that M & T Bank implement strict measures to protect customer information and ensure compliance with all relevant laws and regulations. 

I expect prompt and decisive action from the Consumer Financial Protection Bureau to address these violations and protect consumers from such unethical and illegal practices. 

Sincerely, [ Your Name ] [ Your Signature ]