Consumer complaint received 2023-12-19
Product: Checking or savings account — Checking account
Issue: Managing an account — Funds not handled or disbursed as instructed
Company: MOUNTAIN AMERICA FEDERAL CREDIT UNION (AZ)

XX/XX/XXXX. I called MACU fraud hotline at XXXX XXXX XXXX at XXXX ( 21 minute call ) about two checks that were posted to my account. I called the moment that I found out about the posting. I talked to XXXX ( unknown last name, she didnt have a ID number ) about this issues and she informed me that they were starting and investigation and would contact me in 72 hours. I asked her about starting a new account and she said that they would be doing that within 72hours. She stated that they would attempt to recover the funds and that they would let me know how things were going. She made me certify that I had no involvement, which I did. This certification was done by a readout of a specific language they were reading from a prompter. It stated that I had no involvement, I didnt benefit from the transaction, and otherwise wasnt party to the fraud. The lady on the phone didnt have a ID number or anything to provide other than her first name, which she gave reluctantly. 

XX/XX/XXXX. Mountain America called me on this date and left a voicemail. I immediately called back the line and started talking to an agent ( dont know name ). She stated she was going to close the original account and start a new one. Which she did whatever work she needed to, and sent me e-sign forms to do so. 
She too had me certify that I had no involvement of the fraud for their investigation that they said was ongoing. 
She told me that I would hear from MACU by a week from that day ( business days, not including the weekend ). 
XX/XX/XXXX. I contact the XXXX pd and filed a police report. Police report number is XXXX XX/XX/XXXX. I attempted to call XXXX XXXX the sr business account advisor at MACU. He was out of town until the XXXX according to his XXXX. He left a number for his second in command ( forgot her name ) who could be reached at XXXX. While on the phone with her I asked about what was going on with my account. She looked into the account and found that they had started a new account and saw notes from the fraud division, but couldnt give me any specifics. She assured me that the fraud department was definitely working on the situation. She gave me the banks case number for my issue of XXXX. 
XX/XX/XXXX. Since I had not heard from MACU yet on anything about the fraud on my account I decided to stop by the branch. I spoke with XXXX ( his spelling is unique but this is what he goes by ) about the issue. He contact the fraud department and spoke with a lady on the phone there. 
In the meeting I found out that it was likely that MACU had in-fact not started an investigation attempting to recall the funds as previously discussed. This was a shock to me. 
Further, the fraud department sent forms that they said were required to start such an investigation. I had never been advised of this until this meeting. 
Further, the form that they wanted me to sign ( Breach of warranty ) was seemingly OK, except for one sentence that makes it sound like MACU wants a free pass from liability : I understand that Account Owner may not, in MACUs sole discretion, be refunded for Fraudulent ltem ( s ) until ( i ) Mountain America Credit Union ( " MACU '' ) has had a reasonable time to conduct an appropriate investigation and ( ii ) the results of the investigation, in MACUs sole opinion, justify a refund.

All other passages of the form are not as much of a worry. I am seeking guidance from a lawyer that practices in this area before singing.

It is my belief at this point that MACU has acted in a manner that is grossly negligent for a bank. Ive certified two times that I was not involved and that the funds should be recalled. Ive been told they were doing so. Now they state that is not the case. 

XX/XX/XXXX I returned the Breach of Warranty Forms in what I would consider duress. MACU has forced me to return these forms that I couldnt negotiate at all before they would attempt any recovery efforts. XXXX at MACU said she cant do anything per policy without them. Even though the company knows theyve allowed checks to post to my account fraudulently. 

I also let XXXX know that I had spoken with both XXXX, XXXX and XXXX XXXX where the funds were delivered. Both companies flagged them as fraud and sent them back to their banks. So my money is sitting either at MACU, or their Banks at this point. 

XX/XX/XXXX Emailed XXXX for an update. Also emailed her another check sent to XXXX, XXXX in the same amount against the same account. 

NO RESPONSE FROM XXXX. 

XX/XX/XXXX Emailed XXXX again for an update at XXXX. Nothing back from her until I got a supposed auto response email back at XXXX same day. Seems very off a automatic response would be more than 12 hours delayed. The response also was only sent back to me though I ccd my lawyer and the branch manager at MACU. Seems crafted by XXXX or MACU to deflect response. 

XX/XX/XXXX Went into the MACU branch to speak with XXXX their branch manager. He was too busy to speak with me. Asked him teller to call fraud for me. Then as I was sitting outside the branch he walks out to lunch.