Consumer complaint received 2019-03-26
Product: Checking or savings account — Checking account
Issue: Managing an account — Deposits and withdrawals
Company: SUNTRUST BANKS, INC. (MD)

This complaint is with the XXXX Maryland branch of SunTrust bank regarding an altered check that the bank paid on our account. The copy of the forged check is attachment Item 1. All emails referenced below are in attachment Item2. 

On or about XX/XX/XXXX two envelopes containing checks were apparently stolen from our mailbox. One was made out to XXXX for {$25.00}. The other was made out to our insurance company for a little over {$100.00}. The one for XXXX was altered to {$6000.00} made payable to XXXX XXXX. This check was paid from our account on XX/XX/XXXX. We discovered the theft on Friday, XX/XX/XXXX, when we went to the ATM to withdraw some money. We went to the lobby of the bank and the teller ran a tally of the previous several month 's transactions on our checking account. The {$6000.00} stuck out like a sore thumb. The teller brought up the image of the check and immediately said that is a write-over. We immediately filed a fraud report ( XXXX ) with XXXX XXXX ( Item 1 ). The notes on Item 1 were written by XXXX XXXX.We were told that we could expect our money to be refunded within 15 calendar days unless we were contacted by their fraud department to request further information. We were not asked to fill out an affidavit. That same day we reported the theft to the county sheriff 's department and was assigned case number XXXX. The following Monday, XX/XX/XXXX, we checked with our insurance company and found out that they never received the second check. We went to the bank to order a stop payment of that stolen check and were charged {$36.00}. ( It would have been nice if the bank had waived that charge since a second washed check would have cost them more than {$36.00}. ) On Tuesday, XX/XX/XXXX, we reported the theft to the United States Postal Inspector Service at XXXX and were given case number XXXX. On Thursday, XX/XX/XXXX, thirteen days into the 15 day window I went to the bank and talked to the manager, XXXX XXXX. We had not been contacted by the fraud department, and I wanted some status on the investigation. He called the fraud department and they verified that the investigation is open and that they had not yet made an effort to contact us. They asked XXXX questions for me that I would have expected a fraud person to ask if we had been contacted, like when was the check stolen? how much was it made out for? who was it made out to?, etc. They told XXXX that it could take up to 30 days. I asked XXXX what is the worst case scenario, do we wait 30 days and still not get our money?. He said that he has never known of anyone not getting their money back. He said the bank might have to take the loss. He said that these things are often resolved in 10 days. He mentioned that we reported the theft promptly. On Wednesday, XX/XX/XXXX, got a call from XXXX XXXX at the bank. She asked if we had heard anything regarding our stolen money. Told her we have heard nothing from the fraud department. She said it may speed things up if we call the fraud department. She suggested I come in next Tuesday. I said I could come in right now. She said the roads were bad. We made an appointment for me to come in the next day at XXXX. The next day, Thursday XX/XX/XXXX, XXXX called at XXXX to tell me that I did not have to come in to call the fraud department with her. She said that she had some time this morning and called the fraud department to put a 48 hour escalation on the investigation. I asked if that meant we would get our money on 48 hours. She was vague when I asked her what the significance of the 48 hour escalation was. In our conversation XXXX mentioned that the check was clearly forged. She suggested I call the fraud department to put some more heat on them and I could file a customer complaint. I called the SunTrust fraud department at XXXX and talked to a XXXX. I verified they had a correct phone number for us. She said the investigation was escalated yesterday by my branch ( not today like XXXX told me ) and there should be an update in 48 hours so I could call tomorrow to get an update. She said that they would contact me only if they need more information. She said that no update had been made to the investigation. I filed a customer complaint that she said would go to a higher level. On that same day, XX/XX/XXXX I sent an email to XXXX XXXX to report my conversation with the fraud department. Monday, XX/XX/XXXX, called the fraud department and was on hold for 20 minutes. Was told the escalation was requested XX/XX/XXXX and there should be an update or a resolution in 3 to 6 business days. Was told to call back tomorrow. She said that there has been no update at all from the investigator. I sent an email that same day to XXXX XXXX to report my conversation with the fraud department. On Tuesday XX/XX/XXXX I received a two word email from XXXX XXXX : Any news?. I replied that my two calls to the fraud department were a waste of time and my time would be better spent talking to my lawyer friends. On Monday, XX/XX/XXXX, one month after we filed the fraud report I sent an email to the Maryland Attorney General with a cc to XXXX XXXX asking what timeframe if any is specified for restoring stolen funds from forged checks. No comment from XXXX. On Friday, XX/XX/XXXX, sent an email to XXXX with cc to XXXX XXXX and XXXX XXXX stating that different bank experts I have talked to stated that it is normal to ask the customer of a forged check to sign an affidavit stating they did not write the forged check. I reminded him that neither his branch nor the fraud department had requested an affidavit. No response from XXXX. On Monday, XX/XX/XXXX, I sent an email to XXXX XXXX with cc to XXXX XXXX and XXXX XXXX reminding him that it has been two months since we filed a fraud report and have heard nothing at all from the fraud department. Asked four questions : 1 ) Status 2 ) The significance of us never being contacted by the fraud department 3 ) Is anyone in his branch working the problem 4 ) If not, why?

His email reply was : The claim has been filled with the Fraud department and a fraud investigator was assigned to your case. I  have escalated this claim with the fraud department. Also what is a good phone number for the fraud department to reach you. 

I sent an email in reply stating I had verified the fraud department had the correct phone number for me when I first called the fraud department on XX/XX/XXXX and again asked the questions he did not answer in his last email. He called me back and said he had called the fraud department and had the names of some people. He asked if I had been given the name of an investigator. ( Since the fraud department never contacted me, I obviously was never given the name of an investigator ). He said he would give them a few days and if he did not hear from them he would call them. He said he would get back to me on Friday. I said an email would work too. This call was on Monday XX/XX/XXXX. As of Monday XX/XX/XXXX I have yet to hear back from XXXX. 

To summarize : SunTrust on XX/XX/XXXX paid a thief using a forged check {$6000.00} from our account. We discovered the error 11 days later on XX/XX/XXXX and filed a fraud report within an hour. It has been over two months and their fraud department has yet to contact us. None of the SunTrust estimates of when we can expect our money ( first 15 calendar days, then 30 days, then 15days again ) have been met. Phone calls to the fraud department on XX/XX/XXXX and on XX/XX/XXXX resulted in being told there is no status to report, it could take a few more days, call back tomorrow. 

Apparently the SunTrust branches are either helpless or not interested in making an effort to get any action from their fraud department on behalf of their customers, and the fraud department hides behind 800 operators who can only look up the account and report there have been no updates to report and to call back tomorrow. 

The bank should not have paid a non-payable check leaving us without benefit of {$6000.00}. The bank should pay us interest for the period starting XX/XX/XXXX, the stop payment fee for the other stolen check and all maintenance fees that we would never have incurred if the fraudulent check had not been processed.