Consumer complaint received 2024-12-29 00:00:00
Product: Checking or savings account — Checking account
Issue: Opening an account — Account opened without my consent or knowledge
Company: INDEPENDENT BANK GROUP, INC.
State: TX

Complaint narrative:
To whom it concerns, As a Financial Instituion, A Bank must investigate and conduct a reasonable proper investigation of unauthorized transactions. Independent Financial is attempting to Dishonor Regulation E, and Believes they are above all Financial Regulations and Rules. To protect consumers, the Electronic Fund Transfer Act ( EFTA ), as implemented by Regulation E, requires financial institutions to investigate when a consumer notifies them of an error for an electronic fund transfer ( EFT ), to communicate the results within specific timelines and correct the error if one is found, and to limit the consumers liability if the error involves unauthorized transactions. Independent Financial not only denied my unauthorized transaction claim, they closed and " Ended the Banking Relationship '' as they state so they do not have to provide further evidence. I believe this bank is violating Regulation E Guidelines, and I do not believe they are conducting proper investigations, I will provide some evidence below. First and foremost, the Bank has not only falsely accused me, they have not provided sufficient supporting documentation which is in my right to request either. Independent Financial was notified on XX/XX/XXXX that my debit card and pin number and wallet and phone were stolen. At the same time a dispute was opened. Transactions had occurred at multiple places, when I was able to review the transaction history by statement that I had to call in and request. First and foremost these transactions were conducted at a XXXX XXXX In XXXX Oklahoma, and a XXXX XXXX in XXXX Oklahoma. I live in XXXX, Texas. These locations are between 2-3 Hours away from me. I did not visit these merchants or establishments at any point in time, and I did not conduct business at these merchants. I will provide further transaction evidence below. I notified Independent Financial within 60 Day 's Which is required by law. Once you receive your statement, If you determine there is an error on the account, then you must notify the bank promptly which is what I have done. Instead of conducting a proper regulation E investigation, It was determined by XXXX XXXX, that He doesn't have to conduct an investigation. By Email his response said he conducted his own " Review '' Investigation and determined that no error occurred. In the claim Denial letter it states I can request Documentation used in their investigation by calling Customer Service. However XXXX has stated that he does not have to provide documentation used in his investigation because he doesn't believe he has to. Even though it states that on company letter head. So he has advised XXXX XXXX to close and end the banking relationship, To shush me from calling in and requesting documentation used in their investigation. Instead of Following Banking Guidelines the bank chooses to end the customer relationship, and instead FALSELY accuse the customer the victim of theft of being the one conducting the theft. This is false. Secondly, They state that the transactions were conducted at my Home Address. That's not possible because the merchants themselves, XXXX and XXXX XXXX said that the transactions occurred by Physical Card swipe, and Pin Key. So again this is false information they are providing in their response. They also state they previously responded to the matter on XX/XX/XXXX and in their response their " Review Concluded that the activity in the account was believed to be intentional '' Therefore they were unable to approve the claim. As I stated previously, When a wallet is stolen and you are robbed for your wallet, That is not intentional. No victim would choose to have their wallet robbed or intentionally stolen. I believe based on that statement that the bank is bias and proceeding to write false information and hate against a victim of theft in efforts to not have to resolve the issues at hand. The Bank has not conducted a proper investigation. It is not possible to pay for XXXX or XXXX XXXX from my home. I did not grant anyone permission to use my account, I did not intentionally get robbed or choose that either. This is slander for one, and I really believe the CFPB Should further investigate into this financial institution for what they are writing to consumers. XXXX XXXX may have proceeded from the theft. That's why he can't conduct a proper investigation. At this point it isn't clear. I filed a police report after Independent Financial Demanded I file one, and the police department Detective Page from the XXXX Police Department was investigating the crime however someone from Independent financial named XXXX called her and told her they would conduct their own investigation and that they did not want XXXX Police Department to further investigate the crime. XXXX. A Bank is responsible for fraudulent transactions that are conducted from a stolen Debit card and unauthorized EFT Transfer. The Bank is refusing to cooperate because the bank would rather end customer relationships, and hope that the customer doesn't pursue legal means to fight the bank in a court of law. At this point Independent Financial has stolen over {$5000.00} from me and It's unacceptable. I have provided documentation proof. The bank ended the customer relationship because the bank knows that I didn't conduct the fraud, If the bank wants to continue to falsely slander me, then I want documentation proof that shows that I was intentionally robbed. I do not want to see a false accusation in their response again. The bank believes they are above all consumer protection laws, they are financially abusing customers and victims of fraud. They fail to follow their due diligence when opening customers accounts. As I stated it's not possible to conduct a transaction that requires a physical customer signature and or physical customer card insert from your home address. However according to independent financial that the transactions occurred from my physical home address in XXXX Texas, and somehow processed in XXXX Oklahoma and XXXX Oklahoma. Which is not possible. I am a victim of fraud, and I do believe at this point Independent Financial owes me documentation used in their investigation, an apology letter, and XXXX XXXX. As, Independent Financial has bypassed following the EFT ACT, and Has attempted to bypass XXXX XXXX Liability Policy, and Lastly, has definitely bypassed investigating the unauthorized transactions that occurred with the stolen debit card and pin. Much less to their statement of stating that I conducted the transactions intentionally, from my home address WHICH IS FALSE. As I stated previously, No one wants to be intentionally robbed. I stated where I was robbed, and I provided supporting documentation. An Identity Theft Affidavit, A Police Report, and Proof that the police report listed the transactions from Independent Financial. Independent Financial can end the banking relationship that is fine, because I didn't do anything. I am a victim of theft, and I did not intentionally rob myself. That doesn't make sense and that is not conducting a proper investigation. I am requesting Documentation used in their investigation, and I am requesting that the bank be investigated for Violating Consumer Laws and Rights. Especially Regulation E. Since this bank is a CFPB Regulated bank, I would like for Independent Financial to be investigated by the CFPB. Regulation E is not being followed by this bank, and instead they are falsely accusing consumers that are victims of theft and fraud, and refusing to conduct a proper investigation, refusing to provide documentation. If a Claim is Denied a Bank must provide supporting documentation that strongly supports the denial at a consumers request, which this bank is refusing to honor. In their Letter on Company Letter head it even states I am entitled to request documentation used in their investigation. However when I did so, they told me they have to transfer me to XXXX XXXX and they called over XXXX XXXX XXXX and got no response. They have no documentation. Truly, all the Bank has done is slander and falsely accuse me the victim of fraud. The Bank owes me for the fraudulent transactions and I fully expect my cashiers check or funds. I can pickup in branch. I am not going away, and I do not believe my issues are being addressed. Also I never filed a dispute on any online banking transfers that occurred. I filed a dispute on the transactions listed below which occurred by PHYSICAL CARD SWIPE AND BY ENTERING THE CARD NUMBER. This requires a pin number and additionally, these transactions correlate to me being robbed. I did not intentionally rob myself, and I did not intentionally have anyone rob me. However in their latest response it states that I said I disputed the online banking transfers that occurred which is false. The Transactions I have listed below all show to be physical card swipes POS transactions and ATM Withdrawals and these are the transactions I have disputed. These transactions are unauthorized. These transactions are protected by mastercard XXXX liability policy, and Additionally, In the rules and regulations these transactions are protected by Regulation E. I did not intentionally conduct these transactions. These transactions were conducted and my wallet and card and pin were stolen as I mentioned these transactions were not conducted from my home address it's very frustrating to be told and slandered that you were intentionally robbed. No one wants to intentionally be robbed I assure you that. I did not conduct these charges. I listed the transactions below and also on my police report. The Police Report that is attached, and the email submission picture proof shows that the report was filed with these listed transactions to the XXXX Police Department. This is further proof that I am a victim of fraud. Again I am not disputing Online Transfers. I am disputing transactions I did not conduct with a card and pin that were stolen. Robbed. I am a victim of robbery/theft and not the person whom conducted the transactions. 

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Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation