Consumer complaint received 2024-05-30
Product: Checking or savings account — Other banking product or service
Issue: Managing an account — Problem using a debit or ATM card
Company: BANK OF NEW YORK MELLON CORPORATION, THE (LA)

In addition to previously filed complaints against debit card issuer XXXX Bank, XXXX. for an account held with XXXX XXXX XXXX XXXX, I am writing to file a formal complaint against debit card XXXX XXXX XXXX XXXX XXXX XXXX XXXX, a subsidiary of The Bank of New York Mellon, concerning the egregious mishandling of a debit card fraud incident that occurred on XX/XX/XXXX. Despite my immediate notification of the lost or stolen debit card within XXXX hours, the unauthorized cash withdrawal transactions totaling {$6700.00} have not been refunded, and my requests for resolution or clarification and documentation supporting the denial of my claim, in accordance with the XXXX XXXX XXXX and relevant regulations ( item XXXX and XXXX CFR XXXX ( d ) ( XXXX ) ) have been consistently ignored by the administrator. 

In addition to my timely notification of the lost or stolen debit card, I have provided indisputable evidence that the transactions were unauthorized, including : video surveillance evidence placing me at home with family for the duration of the in-person fraudulent transactions, a copy of the police report describing the theft of the debit card and cell phone, evidence that I was not in possession of the stolen cell phone used to verify the transactions. These supporting materials, along with additional supporting details are included in the attached documents. When the alleged error is an unauthorized XXXX, the XXXX places the burden of proof on the financial institution to establish the transaction was authorized. Despite repeated requests for information, I have not received any documentation or explanation, nor has my indisputable evidence been addressed or contradicted by the administrator. As a result, I have escalated the matter by filing regulatory complaints with the XXXX XXXX XXXX XXXX ( CFPB ), the Office of the Comptroller of the Currency ( XXXX ), and XXXX XXXX XXXX XXXX ( XXXX ). 

In its written response to the FINRA investigation, XXXX XXXX XXXX XXXX, acknowledges my status as a victim of debit card fraud, stating : We sincerely apologize for the frustration XXXX XXXX has experienced and more importantly are so sorry he is a victim of debit card fraud. XXXX XXXX is a valued customer of the XXXX, and we truly regret any inconvenience the matter XXXX have caused. To assist XXXX XXXX, we have requested XXXX review XXXX XXXX dispute again. XXXX XXXX can appeal BNYs original decision and request to have his case re-opened. We encourage him to do so, and as such, he should direct his calls to XXXX at ( XXX XXX XXXX ), or any direct number they have provided him. 

In its written response to my previously filed CFPB complaint, XXXX Bank, XXXX stated : " XXXX has reviewed your concerns and determined the referenced Account is serviced by XXXX XXXX. We understand that XXXX XXXX has denied this claim based on the information available as was communicated in the notice sent to you dated XX/XX/XXXX. In an attempt to assist you in this matter, XXXX contacted XXXX XXXX ; however, were informed the claim will remain denied. We recommend you contact them directly at XXXX XXXX XXXX for further resolution. '' Accordingly, I once again submitted a formal appeal to XXXX XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXX, requesting clarification and documentation supporting the denial of my claim, in accordance with the Debit Card Agreement and relevant regulations ( item XXXX and XXXX XXXX XXXX ( d ) ( XXXX ) ). Despite my multiple, specific requests for evidence, documentation, or explanation of the denial, XXXX XXXX XXXX XXXX XXXX XXXX 's response dated XX/XX/XXXX simply stated : " We have investigated the fraud charge ( XXXX ). Based on this investigation, XXXX XXXX has determined that these charge ( XXXX ) are valid. Therefore XXXX XXXX is denying your APPEAL and considers this matter to be resolved. You XXXX ask for copies of the documents, if any, that we used in our investigation of this matter. No monetary reimbursement of the charge ( XXXX ) in question will be forthcoming from XXXX XXXX. ''