Consumer complaint received 2025-09-24 00:00:00
Product: Checking or savings account — Checking account
Issue: Problem caused by your funds being low — Overdrafts and overdraft fees
Company: WELLS FARGO & COMPANY
State: AZ

Complaint narrative:
Date : XX/XX/scrub>XXXX  To : Consumer Protection Agency Subject : Formal Complaint Regarding Deceptive Banking Practices Affecting My Wells Fargo Account Dear Consumer Protection Representative, I am writing to formally file a complaint concerning a recurring and financially damaging issue involving Wells Fargo Bank, where I have been a customer in good standing for over four years, and XXXX, the retailer where the issue originates. 
Specifically, I have encountered a deceptive financial practice whereby, after completing purchases at XXXX and paying in full, the transaction amount is later credited back to my Wells Fargo account. This refunded amount appears as part of my available balance, implying that the funds are free and clear to be used. Acting in good faith, I have used these funds. However, the same amount is later debited from my account again, resulting in my account being overdrawn and subject to fees. 
Purchase amount- {$190.00} Authorized- XXXX XXXXXXXX This cycle creates a financially harmful pattern where I am misled into believing I have available funds, only to suffer overdraft penalties when those funds are later pulled from my account. It unfairly shifts liability to the customer, while the bank benefits through fees and charges. This is not an isolated incident, but a recurring issue that disrupts my ability to responsibly manage my finances. 
Legal Concern I believe this practice constitutes a fraudulent scheme or artifice as defined under Arizona Revised Statutes 13-2310, which states in part : A. " Any person who, pursuant to a scheme or artifice to defraud, knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or material omissions is guilty of a class XXXX XXXX. '' E. " For the purposes of this section, scheme or artifice to defraud includes a scheme or artifice to deprive a person of the intangible right of honest services. '' The EFTA ( 15 U.S. Code 1693 1693r ) is a federal law that protects consumers when they use electronic methods to transfer moneylike : Debit card purchases ATM withdrawals Direct deposits Electronic credits and debits ( ACH ) Online or mobile banking transfers 1. Unauthorized or Improper Transactions If XXXX or Wells Fargo is initiating credits or debits without clear explanation, or if those funds are being removed without proper authorization or clarity, it could be considered an unauthorized or improper electronic fund transfer under EFTA.

By falsely presenting credited funds as part of my available balance and then
debiting them again after they are used, both XXXX and Wells Fargo are engaging in conduct that appears to deprive me of the honest services I expect from a financial institution. I trust my bank to reflect an accurate account balance and not misrepresent funds that may later be retracted. This breach of trust is not only financially damaging, but potentially unlawful under the cited statute. 
I respectfully request that your office investigate this matter to determine whether these practices violate consumer protection laws and meet the legal definition of fraudulent schemes under A.R.S. 13-2310. I am willing to provide supporting documentation including statements and transaction records. 
Thank you for your time and attention to this matter. I look forward to your response and to appropriate action being taken to protect consumers from these practices. 

Sincerely,

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