Consumer complaint received 2023-12-24
Product: Checking or savings account — Checking account
Issue: Managing an account — Problem using a debit or ATM card
Company: Dave Operating, LLC (OR)

Dave bank has done an abysmal job handling the disputes I filed against two fraudulent transactions, and this needs to be escalated so they don't continue to XXXX over their customers. 
In early XXXX I attempted to file a dispute against XXXX  fraudulent transactions made without my knowledge, consent, or authorization on my Dave debit card/checking account. Dave is quite literally impossible to get a hold of, and I was blatantly ignored, hung up on, and rerouted without assistance numerous times in the process of trying to get them to properly open these disputes- there is no way to do this in the app/without contacting a representative. 
On XX/XX/XXXX Dave finally acknowledged/opened a dispute against these XXXX  transactions, which were : 1. XXXX - " XXXX, XXXX, XXXX  '' on Sat, XX/XX/XXXX, in the amount of {$500.00} 2. " XXXX XXXX XXXX, XXXX, XXXX  '' on Sat, XX/XX/XXXX, in the amount of {$220.00} I provided all of the required information asked for - like social security number, and general dispute questions- via email to Dave, and on XX/XX/XXXX they confirmed that " I have submitted your claim as of XX/XX/XXXX. The dispute team will review your case and notify you within 10 business days if the transaction is eligible for a provisional credit. '' They also mentioned that : " You will receive a separate email communication with further details of your dispute claim. If we do not receive the necessary documentation, the claim is ineligible for a provisional credit and you will need to wait up to 90 days for final resolution. Please be on the lookout in your inbox ( or spam ) for that email. '' I did not hear anything further until XX/XX/XXXX, when I received the following email : " You recently contacted us to initiate a dispute. We have determined that additional information is needed from you. 
Please contact us within 7 calendar days if you would like to proceed with the claim. 
Without additional information, we will not be able to proceed with the dispute, and we will consider this matter resolved. 
We look forward to a resolution as quickly as possible. '' The " contact us '' portion was underlined and when clicked, was linked to the " Disputing a transaction in your Dave Spending account '' page at the following URL - https : //support.dave.com/hc/en-us/articles/5229546038029-Disputing-a-transaction-on-your-Dave-Spending-account? lid=ck5s1zkvxcq1 This page is not a " contact us '' page and provides no information about how I am supposed to reach out to Dave or what, quote, " additional information '' I am supposed to supply in order for them to " proceed with the claim. '' So on XX/XX/XXXX, I immediately emailed Dave with the following : " Hey there, I received the following email : 'You recently contacted us to initiate a dispute. We have determined that additional information is needed from you.

Please contact us within 7 calendar days if you would like to proceed with the claim. 
Without additional information, we will not be able to proceed with the dispute, and we will consider this matter resolved. ' Clearly I intend to have a dispute filed for these transactions. I already answered 100 % of the questions you asked to file this dispute. Since then, Ive received no further contact at all - no requests for any information of any kind - up until the above email. Obviously I need you to proceed with the dispute, which is why I followed it in the first place. Please do your job. '' The XX/XX/XXXX automated email asking for " additional information '' to proceed provided no instructions on where to reach out or with WHAT information, so I was utterly confused at what I needed to do. 

In response to my XX/XX/XXXX email, on XX/XX/XXXX I receive : " Hi XXXX, I understand that you're worried and looking for an update on your dispute. I reviewed your account and this is what happened. 
Your claim that you've submitted on XX/XX/XXXX is currently being investigated. Heres what happens next : Your can expect an update on your dispute by XX/XX/XXXX or the 10th business day. 
If we require more time to review your dispute, a Provisional Credit may be provided to you by the 10th business day ( 20th business day for new accounts ). 
Please note, it may take up to 90 calendar days to fully investigate your dispute. You will be notified if we need additional time. 
Once weve completed our investigation : We will inform you of the results within 3 business days of completing our investigation. 
If we conclude there was no error we will also send you a written explanation. Please note, if we conclude no error has occurred any provisional credit you were provided may be rescinded, we will inform you of the date and the amount of the debit. 
We appreciate your patience as we continue our investigation. '' To this I responded on XX/XX/XXXX : " Hello, I didn't ask for an update on my dispute. 
YOU guys emailed me with the following : XXXXcopy of the XX/XX/XXXX emailXXXX  OBVIOUSLY this email states I need to write in and request that the dispute be continued/to proceed with the claim. It states " additional information '' is needed, but does NOT specify what the XXXX that " additional information '' is. Please ACTUALLY read this email instead of giving another irrelevant canned response. '' On XX/XX/XXXX Dave responds with : " Hi XXXX, May I know when did you received this email?

I'll patiently wait your response. '' To which I say : " Yes, I received that email on XX/XX/XXXX, and for the XXXX  TIME, the screenshot is very clearly FROM YOU GUYS, claiming I needed to respond because my claim hadn't been processed and needed my response to proceed. 
I should already have received a provisional credit for these two transactions by now, and yet you guys still haven't done that. You guys can't even keep track of your own disputes process nor the emails you send. I'm starting to feel like Dave is a scam at worst, at best extremely unprofessional and mismanaged. '' Finally on XX/XX/XXXX I get some form of information. Dave replies with : " Hi XXXX, We appreciate you for getting back to us. 
It looks like our dispute team reached out to you to request additional information via email and are awaiting your response. 
Please check your Email and find the form/additional need information that our team sent to you. 
Then please attach and send the completed form/needed information to XXXX so our team can review your information. This may qualify you for provisional credit. 
We appreciate your patience while we are investigating your dispute. 
" However, Dave did not attach any form to that email, and of course I NEVER received any form via email, just the XX/XX/XXXX email requesting " additional information '' with no instructions or clarifications as to WHAT that information was. 

So I respond : " Hey there, No, you didnt. 
I have now sent the email I got from you guys XXXX  TIMES and you people STILL cant do your jobs properly. 
You never sent me any form. 
You sent me an email claiming I needed to respond and tell you to proceed with the claim so it could be kept open. I did that XXXX  TIMES NOW. 
You never sent a form. And by now a provisional credit legally needs to have been issued - still havent done that either. '' It takes them until XX/XX/XXXX to send me the form I need to fill out - titled " XXXX XXXX' I immediately fill this out and email it back to them. They confirm they received it on XX/XX/XXXX. 

On XX/XX/XXXX : " Hi XXXX I understand that you've already sent the filed out form of supporting documents. I was able to find information for you. 
Our dispute department will be updating you regarding the status of your transaction dispute and your provisional credit if eligible. 
We recommend to monitor your email from time to time for the notification from the dispute department. '' Then radio silence from Dave. I write into their customer service via chat, and the agent dodges my questions with irrelevant canned responses. She claims that I am not eligible for a provisional credit because I didn't send in the form ... That they confirmed I received on XX/XX/XXXX. I repeat that I did, and have evidence they confirmed receipt of this form. She keeps asking me " when did you send in the dispute form, you are eligible for credit XXXX days after that form '' and is impossible to talk to, with all the reading comprehension of a robot. 
So I email Dave on XX/XX/XXXX after continuing to receive no responses, XXXX  month from when they confirmed they opened my disputes. 

" Why has there been no update on this? I filed this dispute on XX/XX/XXXX, it's been A MONTH since then, and STILL no provisional credit- which is highly illegal on your part. I sent this ridiculous form on XX/XX/XXXX, it is now XX/XX/XXXX, STILL NO PROVISIONAL CREDIT and STILL ZERO COMMUNICATION from you guys. I'm opening a CFPB complaint and if you guys don't issue a provisional credit and handle this properly soon I'll be filing an arbitration demand. '' Today on XX/XX/XXXX, Dave claims that : " XXXX XXXX, Thank you for reaching Dave support. I'm a supervisor here at Dave, and will assist you moving forward. 
We are sorry to hear that you haven't received an update yet but sure I can certainly give you an update on your recent dispute. 
Our Dispute department has determined that this type of dispute is not eligible for provisional credit. 
Your claim will be finalized within 90 days from the date you submitted your dispute XX/XX/XXXX. 
We will send you communication by mail or email with the final resolution. '' I am absolutely furious and sick of getting the run around from Dave. I have only filed a few disputes in my life- with other banks- and the process was NOTHING like this. I was issued a provisional credit immediately, or at least within 10 business days, and communicate was clear and consistent.

Dave has dodged responsibility for this at every attempt for me to gain clarification on the process, and I believe they are operating in illegal and frankly immoral ways.

My understanding of EFTA Reg E is that a provisional credit should have been issued by now. I do not see how Dave can claim I am ineligible for a credit when I've done *everything* they've asked and filled out the form they claimed would grant me a provisional credit. I don't see how it's legal for Dave to deny me a credit - and not provide any documentation to me to support their reasoning for denying this credit - but also claim it'll take UP TO 90 DAYS to investigate these fraudulent transactions. 
I can not go without access to these funds for ANOTHER 90 DAYS and I shouldn't legally have to. Dave allowed fraud to take place on my account and needs to make this right immediately.