Consumer complaint received 2024-09-13
Product: Checking or savings account — Checking account
Issue: Problem with a lender or other company charging your account — Transaction was not authorized
Company: Dave Operating, LLC (FL)

**Subject : Formal Complaint Against Dave for Violation of Consumer Rights ( Case Number : XXXX ) ** **Dear CFPB, ** I am filing a formal complaint against Dave for its mishandling of my dispute claim regarding unauthorized transactions on my account ( Case Number : XXXX ). Despite my multiple efforts to report these fraudulent transactions, Dave has failed to properly investigate or resolve the issue, and has denied my claim on false grounds. This complaint outlines the regulatory violations and the mishandling of my dispute, which has resulted in a denial of my consumer rights under several regulations. 

# # # **Details of Dispute Mishandling and Unauthorized Transactions : ** XXXX. XXXX XXXX, XXXX - XXXX XXXX XXXX XXXXXXXX, CA XXXX {$5.00} - XXXX XXXX XXXX XXXXXXXX, CA - {$19.00} XXXX XXXX XXXX XXXX XXXXXXXX, CA - {$25.00} XXXX XXXX XXXX XXXX, XXXX - XXXX XXXX XXXX XXXX XXXXXXXX, CA XXXX {$16.00} XXXX. **May XXXX, XXXX - XXXX XXXX XXXX XXXX XXXXXXXX, CA XXXX {$25.00} XXXX. XXXX XXXX, XXXX XXXX XXXX XXXX XXXX CA - {$2.00} - XXXX XXXX XXXX XXXXXXXX, CA - {$25.00} - XXXX XXXX XXXX XXXXXXXX, CA - {$160.00} XXXX XXXXXXXX XXXX XXXX XXXXXXXX, CA - {$10.00} ( two charges ) 5. XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXA - {$13.00} ( two charges ) Total Unauthorized Amount : ** $ XXXX # # # **Ignored Initial Dispute Attempts : ** - I initially contacted Dave on XXXX XXXX, XXXX to dispute these unauthorized charges. Despite multiple emails, my efforts were ignored, and the support team failed to follow up on my concerns. 

- I also contacted Dave on XXXX XXXX, XXXX, using my alternative email ( XXXX ) to request assistance with the same dispute. Again, no response was received, and no action was taken to resolve my claim. 

Additionally, Dave incorrectly stated that I reside in **Orlando , FL**, which was used as justification to deny my claim. However, my correct and registered address is XXXX XXXX XXXX XXXX XXXX, FL XXXX. I have never lived in XXXX, which further indicates that my claim was denied based on false information. 

# # # **Regulatory Violations : ** The mishandling of my dispute has resulted in several serious regulatory violations : 1. **Regulation E ( Electronic Fund Transfer Act - EFTA ) : ** - **Failure to Investigate in a Timely Manner : ** Regulation E requires financial institutions to investigate disputes within **10 business days** and issue **provisional credit** if further investigation is necessary. Dave ignored my claim and did not conduct a proper investigation within the required timeframe. 
- **Failure to Provide Provisional Credit : ** Even when more time is required for investigation, Regulation E mandates provisional credit be provided to the consumer within **10 business days**. I never received any provisional credit for the disputed transactions. 

2. **Consumer Financial Protection Bureau ( CFPB ) Regulations : ** - **Failure to Provide Transparency : ** Under CFPB guidelines, institutions must maintain clear communication with consumers during dispute resolution. Dave failed to keep me informed of the status of my claim and ignored my repeated attempts to dispute the fraudulent charges. 

3. **Federal Trade Commission ( FTC ) Data Security Guidelines : ** - **Breach of Data Security : ** My personal and financial information was stolen and used for fraudulent transactions, suggesting that Dave failed to properly secure my data in violation of the FTCs data security guidelines. 

4. **Fair Credit Billing Act ( FCBA ) : ** - **Failure to Address the Dispute Fairly : ** The FCBA mandates fair treatment of consumers disputing charges. Daves mishandling of my claim, denial based on false information, and lack of proper investigation likely constitute violations of my rights under the FCBA. 

# # # **Request for Immediate Action : ** I request that the CFPB take action to ensure that Dave properly addresses my dispute and resolves the following issues : - **Thorough Reinvestigation** of my claim, including the fraudulent transactions that were incorrectly categorized as undisputed. 
- **Refund of $ XXXX for the unauthorized transactions. 
- Issuance of **provisional credit** in accordance with **Regulation E**. 
- Assurance that **accurate information** ( my correct address : XXXX XXXX XXXX XXXX XXXX, FL XXXX ) is used for any future claims. 

I have attached copies of all correspondence between myself and Dave customer support, which demonstrate my repeated efforts to report these fraudulent charges and Daves failure to properly address them. I am also attaching documentation that proves my correct address and the fact that I was not in XXXX when the fraudulent charges occurred. 

Thank you for your attention to this matter. I look forward to your prompt investigation and resolution of my complaint. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX FL XXXX XXXX : XXXX Email : XXXX Date of Birth : XX/XX/year>