Consumer complaint received 2023-05-15
Product: Checking or savings account — Checking account
Issue: Problem with a lender or other company charging your account — Transaction was not authorized
Company: FIRST HAWAIIAN, INC. (GU)

- XX/XX/XXXX, my mom instructed me to sign signature card with First Hawaiian Bank XXXX XXXX in XXXX for the purpose of including me in her checking account in case something happened to her due to medical illness. 

- XX/XX/XXXX, I requested from XXXX customer service to provide me checking account statement and online access to account because my mom became bed-ridden and terminally ill since XX/XX/XXXX and I needed to start handling her financial responsibilities and affairs. 

- XX/XX/XXXX or XXXX, XXXX, after my mom 's death ( XX/XX/XXXX ) I personally visited XXXX branch and received statement copies. 

XXXX XXXX XXXX XXXX, I was emailing customer service representative and leaving voice messages requesting for copies of cancelled checks dating back one year, after discovering questionable transactions. 

- XX/XX/XXXX, I went into XXXX branch to inform the bank of approximately 30 unauthorized online transactions and 10 forged checking transactions. Was provided a few documents to take and fill out completely before submitting disputes. During this time, I was asked to sign another signature card. Did not think much of it and why, but I just did it anyway. 

XXXX XXXX XXXX XXXX, gathered copies of cancelled checks, statement copies, and filed police report. 

- XX/XX/XXXX, submitted official claims/disputes and notarized XXXX document for filing. 

- XX/XX/XXXX, I had to follow up on status of claims. Was able to resolve unauthorized electronic transactions during that month, but no status on unauthorized/forged checking transactions. 

- XX/XX/XXXX, I received a letter from XXXX dated XXXX, indicating that my disputed forged checking transactions will not be honored because my medically ill mother ( victim ) did not catch a forged check dated in XX/XX/XXXX. Because the next forged check occurred in XX/XX/XXXX, XXXX stated that their policy is that customers will need to file complaint within 30 days of statement available date. 9 out of 10 unauthorized and forged checks were written in XXXX and XX/XX/XXXX respectively. It is reasonable that a prudent individual could possibly miss one check as unauthorized. It was clear from submitted claim to XXXX that the perpetrator was concealing action by using the last check from victims check book to prevent being noticed. ( Classic case of Elderly Financial Abuse ) - XX/XX/XXXX, I met with branch manager and customer service representative to discuss the XXXX notification letter and their findings as to why the bank stands by their decision. The meeting became more of a lecture than anything else. Claiming that its the customers fault for not noticing the XX/XX/XXXX transaction. After my in-person meeting, I immediately emailed bank manager and customer service representative to reconsider their decision because XXXX XXXX XXXX XXXX. Customer 's Duty to Discover and Report Unauthorized Signature or Alteration states. 
( 4 ) Without regard to care or lack of care of either the customer or the bank a customer who does not within one year from the time the statement and items are made available to the customer ( subdivision ( 1 ) discover and report his unauthorized signature or any alteration on the face or back of the item or any unauthorized indorsement, and if the bank so requests exhibit the item to the bank for inspection, is precluded from asserting against the bank such unauthorized signature or indorsement or such alteration. The burden of establishing the fact of such unauthorized signature or indorsement or such alteration is on the customer. 

I provided the reference in my email and asked that they consult with XXXX legal team for their review. However, the branch manager decided on her own ( without legal team review/response ) that XXXX does not acknowledge local law and remained steadfast on decision citing HRS XXXX : XXXX Deposit Account Rules and Regulations and Other Information for Personal Accounts. 

- XXXX XXXX, I received an envelope in the mail. It was post dated on the XXXX of XXXX. In it was an XXXX XXXX Rules and Regulations booklet effective XX/XX/XXXX. No note, no letter, no nothing. In the booklet, there were XXXX highlighted lines. One in the Table of Contents ( Statement; Reporting Errors Promptly ), the other in page 8 paragraph 10. I emailed XXXX staff that this gesture was very insulting as a loyal customer to the bank. I expressed my disgust and the level of mistreatment I had been experiencing. I ended my email stating that this needs to be resolved immediately. I have not heard or received a response to my email to this date. 

My personal view.It is apparent that XXXX does not stand by its Notice of Intent section of their Customer Affidavit form ( see attached 2. Customer Affidavit and Police Report XXXX ).