{"took":143,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":10,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"12087448","_score":17.674812,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I am writing to formally address a serious concern regarding a recent data breach involving my personal and financial information. As I understand, this breach has potentially compromised my sensitive data, including but not limited to my credit history, social security number, and other personal identifying information. The breeched data placed millions of individuals in the United States at risk for fraud and identity theft. I have had to replace my debit card twice since the breech I have had the get a new debt card because of fraud. I wonder why the XXXX sent me such a large settlement check. I was with XXXX during that timeframe. I requested a personal information several times. Letters were sent XX/XX/XXXX, XX/XX/XXXX, and XXXX, XXXX. XX/XX/XXXX I reviewed my credit reprt and noticed some credit inquires that I did not authorize. I sent a letter listing the companies and the inquiry came back verified. After receiving the security breech information, I froze my credit. Waiting to receive a letter to unfreeze my credit. That never happened. So how was my credit verified? I sent certified letters XXXX and XX/XX/XXXX. I received dispute results with the personal information and inquires still on my credit report. Dispute results XX/XX/XXXX, had no correction to my name or addresses and additional address were added to my credit file that I didnt recognize. My credit report XXXX was not updated with the correct information. Names from both my marriages are listed and I am no longer married and, I have a court order to use my maiden name. XX/XX/XXXX has the old personal data. Another letter was certified and deliver requesting personal information updates and unauthorized inquire updates, nothing was done. \nUnder the Fair Credit Reporting Act ( FCRA ), specifically 15 USC 1681, I have the right to expect that any consumer reporting agency or entity that maintains my personal credit data exercises reasonable procedures to ensure its accuracy and security. The breach of my personal data appears to be a direct violation of these standards, exposing my private information to potential identity theft or unauthorized use.\n\nAdditionally, under the Right to Privacy, I am entitled to have my personal data protected against unauthorized access and misuse. The breach of my credit information constitutes a clear violation of these rights. As a result, I am requesting the following : XXXX. A detailed explanation of the breach, including the nature of the compromised data and how it occurred. \nXXXX. Immediate notification regarding the steps being taken to rectify the breach and to prevent future incidents. \nXXXX. Confirmation of any unauthorized access to my personal information. \nXXXX. A copy of any security measures being implemented to safeguard my data in the future. \nXXXX. Information on how I can monitor and protect my credit, including any actions you are taking, such as providing credit monitoring or placing a fraud alert or credit freeze on my accounts. \nXXXX. Removal of all comprised data from my credit report. \nFurthermore, I request that you provide me with a formal response no later than XX/XX/XXXX outlining your plan of action. \nPlease be advised that if I do not receive a satisfactory resolution, I will not hesitate to escalate this matter through the appropriate regulatory authorities, including the Consumer Financial Protection Bureau ( CFPB ) and the Federal Trade Commission ( FTC ). I may also consider seeking legal advice to explore potential remedies for any harm caused by this breach. \nI trust you will treat this matter with the urgency and seriousness it deserves and look forward to your prompt response.","date_sent_to_company":"2025-02-21T21:04:17.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"89115","tags":"Older American, Servicemember","has_narrative":true,"complaint_id":"12087448","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2025-02-14T06:21:57.000Z","state":"NV","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Confirmation of any unauthorized access to my <em>personal</em> information. \nXXXX. A copy of any security measures being implemented to safeguard my data in the future. \nXXXX. Information on how I can <em>monitor</em> and protect my credit, including any actions you are taking, such as providing credit <em>monitoring</em> or placing a fraud <em>alert</em> or credit freeze on my accounts. \nXXXX. Removal of all comprised data from my credit report."],"product":["Credit reporting or other <em>personal</em> consumer reports"],"sub_issue":["Their investigation did not fix an error on <em>your</em> report"]},"sort":[17.674812,"12087448"]},{"_index":"complaint-public-v1","_id":"3288682","_score":16.41053,"_source":{"product":"Debt collection","complaint_what_happened":"On XX/XX/XXXX Commonwealth Financial placed 4 medical collection accounts on my credit bureaus- I only found out these were placed by alerts from monitoring services. No attempt to validate was made by Commonwealth Financial.  These same 4 accounts were posted on my credit for the 1st time in XXXX after the XXXX  breach. It took a month or two for them to be removed so imagine my shock when my almost 3 years later these collection account reappear under another name and with new dates that Ive read here is called illegal re aging of accounts in order to extort pay for deletion or payment of fraudulent debt by Commonwealth Financial holding the threat of ruining your life again unless you pay regardless of debt validation. So far my insurance renewal rate increased, loans and credit line increases were denied and just in these few short days have incurred great financial terror via Fico scores tanking nearly 100 points and have only been able to get 2-3 of the 4 Commonwealth collection accounts from the same hospital system removed from XXXX  and XXXX, XXXX refused to investigate- Ive opened a separate complaint for them. Suddenly the accounts now show flagged for collection by Commonwealth Financial and no further validation is required from them so it stays without any chance of disputing the dispute results. When I contacted XXXX at Commonwealth Financial he had no personal information about me and was asking me to give my social security number and other personal information- I said I would verify what he had with no problem but wouldnt just provide. He said I could pay for deletion and a lot of his clients do that regardless of being their debt or not just to clean up their credit and quickly restore their scores with letters that he would email me from them to provide all creditors etc stating it was a mistake and been removed from my credit and risk files. I didnt entertain the offer because I had faith in the system that it would be caught as an illegally re aged, illegal validation to the credit bureaus stating debt was valid, because they were found to be fraudulent in XXXX from these same credit bureaus- sadly its not the case, just a bunch of offers from all 3 bureaus to get credit repair help, speedy disputes, access to legal dispute processes and form letters if I subscribed to their monthly monitoring services ranging from {$19.00} to {$39.00} per month per bureau. As you can see by the attachment even the credit bureaus show date opened unknown and just 4 days ago were reporting XX/XX/XXXX as date placed for collection even though the credit bureaus didnt receive the data until XX/XX/XXXX","date_sent_to_company":"2019-06-27T10:16:32.000Z","issue":"Attempts to collect debt not owed","sub_product":"Medical debt","zip_code":"75093","tags":null,"has_narrative":true,"complaint_id":"3288682","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Commonwealth Financial Systems, Inc.","date_received":"2019-06-27T09:42:34.000Z","state":"TX","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["On XX/XX/XXXX Commonwealth Financial placed 4 medical collection accounts on my credit bureaus- I only found out these were placed by <em>alerts</em> from <em>monitoring</em> services. No attempt to validate was made by Commonwealth Financial.  These same 4 accounts were posted on my credit for the 1st time in XXXX after the XXXX  breach."]},"sort":[16.41053,"3288682"]},{"_index":"complaint-public-v1","_id":"21734384","_score":15.1666765,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"This is the most important field in the CFPB form. Important guidance first : Note the warning : \" Do not include personal information, such as your name, account number, address, Social Security number, etc. '' So this version needs to be different again no personal identifiers. \nAbout the \" publish on consumerfinance.gov '' checkbox : This is a personal choice. Here 's the tradeoff : Check it : Your complaint becomes public on CFPB 's database ( with personal info redacted ). This adds public pressure on Coinbase and helps other potential victims of similar issues find your case. Some plaintiffs ' attorneys actively monitor these databases looking for class-action patterns. \nDon't check it : Your complaint is still investigated and Coinbase still has to respond it just isn't public. \n\nI'd recommend checking it. The CFPB redacts personally identifying details, and a public record of Coinbase failing to flag a clear account-takeover pattern can help others ( and potentially benefit you if a class action ever materializes ). But it's your call. \nPaste this into the description box : The CFPB framing is different from IC3 and FTC here, the focus is on Coinbase 's conduct as a regulated financial company, not just describing the theft. So the narrative emphasizes what Coinbase failed to do. \n\nOn XX/XX/year> at XXXX XXXX, an unauthorized change was made to my Coinbase account 's XXXX verification settings. I did not initiate this change. I retained the email Coinbase sent confirming the XXXX change. \nApproximately XXXX hours later, on XX/XX/year> at XXXX XXXX, an unauthorized withdrawal of XXXX XXXX ( approximately {$9100.00} USD ) was executed from my Coinbase account and sent to an external XXXX  address. I did not authorize this transaction. I was traveling out of state at the time, attending a family wedding. \nThe XXXX gap between the unauthorized XXXX change and the unauthorized withdrawal corresponds to Coinbase 's XXXX XXXX withdrawal hold period. This pattern - XXXX change followed by full account drain at the moment the security hold expires- is a textbook indicator of account takeover. Coinbase 's automated fraud detection systems should reasonably be expected to flag this pattern, particularly when the withdrawal occurs at XXXX XXXX  and constitutes the entire account balance. To my knowledge, Coinbase did not pause, hold, or seek verification on this withdrawal despite these red flags. \nAside from the XXXX email, I did not receive any of the standard Coinbase notifications that should have accompanied this activity ( new device sign-in alert, withdrawal authorization request, withdrawal confirmation email ). This indicates either that the attacker was able to modify notification settings on my account without further security checks, or that Coinbase failed to send these standard alerts. \nI contacted Coinbase to report the unauthorized activity and request investigation, recovery, and a refund. Coinbase declined to refund the funds and, to my knowledge, did not conduct or share with me a detailed investigation of how the perpetrator gained access, what IP addresses were used, or what device fingerprints were associated with the unauthorized activity. I have not received any meaningful information from Coinbase about the security failure that allowed this theft. \nI have since traced the stolen XXXX across the public blockchain through multiple intermediary \" burner '' wallets to what appears to be a custodial cryptocurrency service. I have filed reports with the FBI 's IC3, the FTC, and the XXXX XXXX XXXX XXXX XXXX ( Report XXXX ). \nWHAT I AM REQUESTING FROM CFPB : That Coinbase be required to provide a complete copy of the account access logs, login history, IP addresses, device fingerprints, and account-change records for my account covering XXXX XXXX XXXX \nThat Coinbase explain why their fraud detection did not flag a XXXX change followed by a full account drain occurring at XXXX XXXX  as a high-risk pattern requiring additional verification. \nThat Coinbase explain why standard withdrawal notifications were not received. \nThat Coinbase be required to participate in good-faith investigation alongside law enforcement to identify the perpetrator, given that they hold records that I as a customer can not access. \nConsideration of refund or partial refund given the security failures involved.","date_sent_to_company":"2026-04-30T02:27:59.000Z","issue":"Other transaction problem","sub_product":"Virtual currency","zip_code":"34771","tags":"Servicemember","has_narrative":true,"complaint_id":"21734384","timely":"Yes","company_response":"Closed with monetary relief","submitted_via":"Web","company":"Coinbase, Inc.","date_received":"2026-04-30T02:13:30.000Z","state":"FL","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["Important guidance first : Note the warning : \" Do not include <em>personal</em> information, such as <em>your</em> name, account number, address, Social Security number, etc. '' So this version needs to be different again no <em>personal</em> identifiers. \nAbout the \" publish on consumerfinance.gov '' checkbox : This is a <em>personal</em> choice. Here 's the tradeoff : Check it : <em>Your</em> complaint becomes public on CFPB 's database ( with <em>personal</em> info redacted )."]},"sort":[15.1666765,"21734384"]},{"_index":"complaint-public-v1","_id":"13257397","_score":13.624811,"_source":{"product":"Student loan","complaint_what_happened":"XXXX XXXX Email : XXXX Date of Birth : XX/XX/XXXX StudentAid.gov Loan Account No : XXXX Date : XX/XX/XXXX To : Consumer Financial Protection Bureau ( CFPB ) Subject : FORMAL CFPB COMPLAINT UNAUTHORIZED ACCESS, FEDERAL VIOLATIONS, AND DEMAND FOR LOAN DISCHARGE I am filing this formal complaint with the Consumer Financial Protection Bureau against the XXXX Department of Education and any affiliated third-party contractors or agencies involved in the unauthorized access, mishandling, and breach of my personal and federal student loan information related to XXXX XXXX Account No. XXXX. \n\nThis breach occurred via the Department of Government Efficiency ( XXXX ) prior to its official access being revoked in XX/XX/XXXX and constitutes multiple violations of federal law, a total collapse of custodial integrity, and gross negligence on the part of those entrusted to secure my most sensitive personal and financial information. \n\nViolations and Legal Grounds 1. Violation of the Family Educational Rights and Privacy Act ( FERPA ) 20 U.S.C. 1232g My education and loan records were accessed without proper consent by an unauthorized agency. This directly violates FERPAs protection of personally identifiable information ( PII ). The Department of Education failed in its duty to prevent and respond to this violation.\n\n2. Privacy Act of 1974 5 U.S.C. 552a This breach also constitutes a direct violation of the Privacy Act, which mandates that personal records maintained by federal agencies be protected from unauthorized access and dissemination. I demand to invoke my rights under this law to contest and amend any records accessed or altered through this unlawful breach.\n\n3. Federal Rules of Evidence Rule 901 ( Chain of Custody & Document Authentication ) This breach calls into question the legitimacy, source, and accuracy of all documents, contracts, and data associated with my federal loans. Due to the broken chain of custody and compromised data security, I am formally challenging the enforceability of these debts.\n\n4. Federal Trade Commission Act 15 U.S.C. 4158 ( Unfair and Deceptive Practices ) This incident represents clear federal negligence in protecting consumer data. The U.S. Department of Education and its affiliates have engaged in unfair and deceptive practices by failing to properly secure my private information, putting me at significant and ongoing risk of identity theft and financial harm. \n\nActions Ive Been Forced to Take to Protect Myself Due to your failures, I have had to independently take these emergency measures : Changed credentials on all major personal and financial platforms ( including StudentAid.gov ) ; Enabled multi-factor authentication across accounts ; Filed fraud alerts with Experian, Equifax, and TransUnion ; Subscribed to identity theft monitoring and credit protection services ; Reviewed and documented all financial activity for suspicious behavior. \n\nThese are not preventativethey are reactive countermeasures forced upon me because your systems failed. \n\nFormal Demands for Immediate Relief 1. Full cancellation and discharge of all federal student loans under Account No. 9459158461, based on the irreparable breach of custodial integrity, FERPA violations, and Privacy Act infractions.\n\n2. Immediate freeze and suspension of all collections, interest accrual, credit reporting, or enforcement actions related to this account until a full legal audit is completed. \nXXXX. Comprehensive forensic report detailing : All unauthorized access events, Dates and nature of breach, Individuals and agencies involved, The legal basis ( or lack thereof ) for such access. \nXXXX. Written confirmation that this complaint has been formally escalated within your agency and that appropriate regulatory enforcement procedures are underway. \n\nIf I do not receive a full and lawful resolution within 30 calendar days, I will escalate this matter to : The Family Policy Compliance Office ( U.S. Department of Education ), The Federal Trade Commission, Congressional oversight committees, and Pursue legal action through private counsel.\n\nAny further attempt to collect on these compromised loans will constitute continued legal misconduct and subject your agencies to further liability. \n\nRespectfully, XXXX XXXX Signature : ___________________________ Date : XX/XX/XXXX 2025","date_sent_to_company":"2025-05-01T01:02:05.000Z","issue":"Dealing with your lender or servicer","sub_product":"Federal student loan servicing","zip_code":"85042","tags":null,"has_narrative":true,"complaint_id":"13257397","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Maximus Federal Services, Inc.","date_received":"2025-05-01T00:56:15.000Z","state":"AZ","company_public_response":null,"sub_issue":"Need information about your loan balance or loan terms"},"highlight":{"complaint_what_happened":["Actions Ive Been Forced to Take to Protect Myself Due to <em>your</em> failures, I have had to independently take these emergency measures : Changed credentials on all major <em>personal</em> and financial platforms ( including StudentAid.gov ) ; Enabled multi-factor authentication across accounts ; Filed fraud <em>alerts</em> with Experian, Equifax, and TransUnion ; Subscribed to identity theft <em>monitoring</em> and credit protection services ; Reviewed and documented all financial activity for suspicious behavior."],"issue":["Dealing with <em>your</em> lender or servicer"],"sub_issue":["Need information about <em>your</em> loan balance or loan terms"]},"sort":[13.624811,"13257397"]},{"_index":"complaint-public-v1","_id":"15624593","_score":11.541915,"_source":{"product":"Credit card","complaint_what_happened":"My only credit card is with Fifth Third Bank. They use a credit card fraud algorithm that is the reverse of what it should be. It has never blocked actual fraudulent transactions. I have to monitor charges and flag fraudulent transactions myself. In XXXX case, when a travel agency in XXXX that I'd never done business with fraudulently charged my card thousands of dollars, the bank did not block the charge. I then reported the fraud, and asked the bank what it would do to the fraudster. The answer was : nothing. I researched the fraudsters and got all their info, then called XXXX Police. They said the bank was the entity that should ask for charges to be filed, but the banks never did that, they just wrote off the loss. I called Fifth Third repeatedly with the fraudster 's identity and address, and asked them why they don't go after the fraudsters. They said it's too much trouble. \n\nIt's in this context that the bank repeatedly blocking my VALID transactions is so troubling. For example, several years ago I was going on an international work trip. The bank told me I had to provide a written itinerary to the branch personal banker or else transactions in foreign countries would be blocked. I did so. But when I was XXXX miles from an airport in a remote, dangerous region of a third-world country, the bank blocked my transactions and left me stranded. I had to WALK all the way back to the airport. Then, because my credit card was blocked, I was not allowed to board the plane. This is only XXXX of many times Fifth Third has grossly inconvenienced me or put me at risk of injury or death. In many cases, such as I was trying to buy a new XXXX camera from XXXX, the credit card block takes so much time to resolve that I lose a time-limited discount price. \n\nIn the past month, Fifth Third blocked my in-person transaction at a grocery store I shop at all the time, leaving me without food, and the store taking a loss for items that could not be re-shelved. I had to go without food, and then had to consume gasoline to drive back to the store again when the card was finally unblocked. I contacted my local personal banker in writing about this ongoing problem and XXXX others, XXXX of which I just filed a CPFB complaint about. The personal banker tried to help, but said nobody from corporate would talk to me in writing about these issues. Here 's why : they don't want a written record. \n\nThen yesterday Fifth Third blocked me from buying a refrigerator because my existing refrigerator died. Again, this was a time-sensitive transaction. But the bank blocked it repeatedly. Worse yet, the generic procedures the bank uses in these cases are totally against the customer. For example yesterday : * For the first half hour of trying to purchase the item, I received no emails from Fifth Third about the card block. I do not have a cell phone and they know that if there is a \" fraud alert, '' they are to send an email. \n* When I finally got a fraud alert email, I immediately called the number to clear the block. Unfortunately, the bank makes this ridiculously hard. First of all, several calls were dropped or sent to the wrong department. Then, the reps insisted that I had only XXXX options to get the card unblocked. XXXX ) They send a code via text that I have to read back to the rep on the phone. I keep telling them, I have no cell phone, so no text. Send the code by email. Until I had called nearly a dozen times, they refused to send the code via email. \nXXXX ) They say they will have to hang up from the call, call me back with the code, and then I will have to call back in and repeat the code. I have tried this many times before and IT DOES NOT WORK. \nXXXX ) Finally, to add insult to injury, the reps blithely say \" too bad for you, you will have to go to a local branch to have the card unblocked. '' This is outrageous. First the bank wrongly blocks a valid transaction and disables my card. Then it refuses to unblock the block caused by its error. Then they require me to leave my work or home and go to a branch. But it does not work. I called the branch where the personal bankers are very competent and helpful, and they said they could NOT unblock the block. In past situations, before I realized how anti-customer Fifth Third is, I went to the branch, only to be told that they could not remove the block. \n\nYesterday, after losing XXXX hours on phone calls, I finally reached XXXX Fifth Third employee who had the customer-centeredness to send the code via email so I could give it to her on the phone and she unblocked my card. Only XXXX rep out of a dozen helped me. But by the time the card was unblocked so I could purchase the item, the discount had expired, so I HAD TO PAY MORE MONEY. \n\nAn ancillary problem to this one is that if you need a new plastic card due to card defect or when the card is expiring, Fifth Third automatically blocks your existing card so you have no credit card at all until you receive the replacement. \n\nFurther, Fifth Third corporate DOES NOT WANT TO HEAR FROM ITS CUSTOMERS. The bank has no online contact form, no customer service email address. The only way to reach the multi-millionaire owners of this bank with complaints is via snail mail, WHICH THEY DO NOT ANSWER.","date_sent_to_company":"2025-08-30T14:44:17.000Z","issue":"Trouble using your card","sub_product":"General-purpose credit card or charge card","zip_code":"33770","tags":"Servicemember","has_narrative":true,"complaint_id":"15624593","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"FIFTH THIRD FINANCIAL CORPORATION","date_received":"2025-08-30T14:07:01.000Z","state":"FL","company_public_response":null,"sub_issue":"Can't use card to make purchases"},"highlight":{"complaint_what_happened":["An ancillary problem to this one is that if you need a new plastic card due to card defect or when the card is expiring, Fifth Third automatically blocks <em>your</em> existing card so you have no credit card at all until you <em>receive</em> the replacement. \n\nFurther, Fifth Third corporate DOES NOT WANT TO HEAR FROM ITS CUSTOMERS. The bank has no online contact form, no customer service email address."],"issue":["Trouble using <em>your</em> card"]},"sort":[11.541915,"15624593"]},{"_index":"complaint-public-v1","_id":"3217398","_score":10.798331,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Experian is paying consumers who were damaged {$1500.00} for reporting tax liens. I attempted to file complaint online. They required ( no choice ) to agree to their unilateral terms, and their terms of service agreement follows : Terms of Use Agreement Revised XX/XX/2019 ( Please note that our Terms of Use Agreement is also referred to as the \" Terms and Conditions '' ) OVERVIEW AND ACCEPTANCE OF TERMS You agree that by creating an account with XXXX  ( as defined below ), or accessing or using our Services ( as defined below ), website ( s ) ( such as this website, https : //usa.experian.com, or any affiliated website ( including, but not limited to, Experian.com,  XXXXXXXX XXXX, XXXX XXXX, XXXX, usa.experian.com, and experian.experiandirect.com ) ), or mobile applications ( such as the Experian app ), as well as any content provided or accessible in connection with the website ( s ) or mobile application ( s ), including information, user interfaces, source code, reports, images, products, services, and data ( each website and mobile application referred to herein as a \" Website, '' and collectively, as \" Websites '' ), you represent to XXXX that you have read, understood, and expressly consent and agree to be bound by this Terms of Use Agreement, and the terms, conditions, and notices contained or referenced herein ( \" Agreement '' ) whether you are a \" Visitor '' ( which means that you simply browse or access a Website ), or a \" Customer '' ( which means that you have created an account with XXXX, or enrolled or registered with a Website, or are accessing or using a Service ). \n\n\n\nAt Customer 's election, Customer may, from time to time, request to receive, and XXXX may provide, free services or services subject to a fee, whether a recurring fee or a one-time transactional fee ( each a \" Service '' ) ), and Customer 's receipt and use of such Services shall, at all times, be subject to this Agreement. The term \" Service '' includes, but is not limited to, the provision of any of our products and services, including credit report ( s ), credit risk score ( s ), credit monitoring, credit score monitoring and credit score tracking ( including all the data and information contained therein ),  the receipt of any alerts notifying you of changes to the information contained in your credit report ( s ),  regardless of the manner in which you receive the Services, whether by email or mail, through a website or mobile application, by telephone, or through any other mechanism by which a Service is delivered or provided to you. The term \" you '' or \" User '' refers to a Visitor or a Customer. For purposes of this Agreement, the terms \" we, '' \" us '' or \" XXXX '' refer to XXXX, XXXX, an Experian company ( also known as Experian Consumer Services ), and referred to as \" Experian '' on the Websites, its predecessors in interest, successors and assigns, and any of its third party service providers ( including, without limitation, cloud service providers ) who XXXX uses in connection with the provision of the Services to you. If you are a Visitor and do not wish to be bound by this Agreement,  you should immediately cease accessing and using the Websites. Notwithstanding the immediate preceding sentence, if you are a Visitor and continue to access and use a Website, by virtue of your continued access and/or use of the Website, you are indicating your acceptance of this Agreement and agreement to be bound by the terms and conditions contained herein. If you wish to become a Customer and make use of the Services, you will be prompted during the registration process to agree, and must agree, to be bound by this Agreement. \n\n\n\nFor the avoidance of doubt, this Agreement expressly applies to : ( a ) your access to and use of the Websites ; ( b ) any and all transactions between you and XXXX through the Websites, including for the provision of any Services or of any credit, personal, financial or other information delivered as part of or in conjunction with free Services or paid Services, including any such information that may be  archived to the extent made available on the Websites, such as ( i ) for your purchase of non-membership based Services such as the 3 Bureau Credit Report and FICO Scores, the FICO Industry or other Base FICO Scores and/or an Experian Credit Report and FICO Score, ( ii ) enrollment and use of free Services ( such as EXPERIAN XXXX Basic ), and/or enrollment, purchase and use of membership based Services ( such as EXPERIAN XXXX XXXX, Experian XXXX, or Experian XXXX XXXX XXXX ; and ( iii ) your access to and use of calculators, credit resources, text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto contained in the Websites. \n\n\n\nYou may not browse the Websites, or create an account or register with XXXX, or use or enroll in any Services, and you may not accept this Agreement, if you are not of a legal age to form a binding contract with XXXX. If you accept this Agreement, you represent that you have the capacity to be bound by it. Before you continue, you should print or save a local copy of this Agreement for your records. \n\n\n\nTHE SERVICES AND WEBSITES ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THIS AGREEMENT CAREFULLY. YOUR ACCEPTANCE OF, ORDER OF, USE OF, AND/OR ACCESS TO, THE SERVICES AND WEBSITES CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE, ACCESS OR ORDER ANY SERVICE OR ACCESS OR USE THE WEBSITES. IF YOU HAVE ALREADY BEGUN ACCESSING OR USING THE SERVICES AND/OR WEBSITES AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, IMMEDIATELY CEASE USING THE SERVICE OR WEBSITE AND/OR DISCARD ANY INFORMATION OR PRODUCTS YOU RECEIVED VIA ANY SERVICE OR WEBSITE ( TO THE EXTENT APPLICABLE ), AND CALL CUSTOMER CARE AT XXXX TO CANCEL YOUR ACCOUNT WITH XXXX. NOTE, YOU MAY ALSO BE ABLE TO DEACTIVATE YOUR PAID SERVICE AND RETAIN YOUR ACCOUNT WITH ECS ONLINE, AS AND TO THE EXTENT EXPLAINED IN FURTHER DETAIL BELOW. \n\n\n\nPERMISSIBLE PURPOSE AND CONSENTS You understand and agree that, by establishing an account with XXXX, or submitting your order or enrolling for any Service ( including an order for a Service that includes enrollment of your minor child in such Service ), you have provided \" written instructions '' in accordance with the Fair Credit Reporting Act, as amended ( \" FCRA '' ), for XXXX, and its service provider, XXXX XXXX, an Experian company ( \" XXXX '' ), to obtain your credit report and/or credit score ( s ) ( or the credit report or credit score ( s ) of any minor children whom you have enrolled in a Service ) on a recurring basis to provide them to you while you have an account with XXXX, and such information may be obtained by Experian Information Solutions , Inc. ( \" Experian Credit Bureau '' ) or any other credit reporting company. You understand and agree that, pursuant to such authorization, XXXX, and its service provider, XXXX, may access your credit profile ( and those of any minor children whom you have enrolled in a Service ), including without limitation, your credit report, credit score ( s ) and other related information, to, among other things, verify your identity ( or those of any minor children whom you have enrolled ) and to provide credit monitoring, credit scoring, credit score monitoring and tracking, identity monitoring, alerts for, among other things, dormant accounts, new accounts, inquiries, other changes to information contained in your credit report, fraud resolution, or card registry products. You understand and agree that XXXX, and its service provider, XXXX, may, from time to time, provide products, services, features and/or functionality to you, and that they shall be offered pursuant to the same authorization that you provided to XXXX  for XXXX  to obtain your credit report and/or credit score ( s ) on a recurring basis to provide them to you to review while you have an account with XXXX. \n\n\n\nYou further understand and agree that, by establishing an account with XXXX, or submitting your order or enrolling for any Service, you have provided \" written instructions '' in accordance with the FCRA for XXXX to obtain and use the information you have provided, and your credit report and/or credit score ( s ) to notify you of credit opportunities and other products and services that may be available to you through XXXX or through unaffiliated third parties ( as explained in the section below entitled \" General Description of Services '' ). In addition, you further understand and agree that, if you request certain loan offers as part of any Service, such as prequalified personal loan offers, you are authorizing XXXX   to send your information to lending partners on your behalf, and have provided \" written instructions '' in accordance with the FCRA to such lending partners to obtain information from your personal credit profile or other information from one or more consumer reporting agencies, such as XXXX, Experian or XXXX, solely to prequalify you for credit options, offers or other credit opportunities, including prequalified personal loan offers, and to share such credit opportunities with XXXX. \n\n\n\nYou understand and agree that XXXX receives compensation for the marketing of credit opportunities or other products or services available through third parties, and that this compensation may impact how and where such credit opportunities, products or services appear on a Website ( including, for example, the order in which they appear ). You further understand and agree that many but not all credit opportunities available through third parties, such as prequalified credit and personal loan offers, may be made available to you in a Service, and such Service will not include all credit opportunities available through third parties. Please note that prequalification for a credit opportunity available through a third party does not guarantee approval, and you will need to submit an application with such third party if you choose to apply for a prequalified offer ( and such application may result in a credit inquiry that can impact your credit score ( s ) ). \n\n\n\nYou further understand and agree that, by using the Experian Boost Service or other Services using Linked Accounts ( as defined below, including Financial Management Tools ), you ( i ) authorize XXXX   and its service provider ( s ), including XXXX, to gain recurring access to your financial account ( s )  to obtain, use and store financial transactions ( \" Consumer Consent Transaction Data '' ) to add and maintain transactions ( e.g. addition of certain utility and mobile telecom bill payment history ) to your Experian credit file, and if you elect to use Financial Management Tools for XXXX to monitor and provide alerts and insights for your financial transactions for your own review ( if Financial Management Tools are made available to you ) ; and ( ii ) designate XXXX, and its service provider ( s ), including XXXX, as your agent ( s ), and have provided \" written instructions '' in accordance with the FCRA, to add and maintain information to your Experian credit file using Consumer Consent Transaction Data, and such information may be provided on your behalf by XXXX to the Experian Credit Bureau, and may be used and stored by the Experian Credit Bureau for any purposes lawfully permitted by the FCRA ( e.g. use in lending decisions of certain utility and mobile telecom bill  payment history added to your Experian credit file using Experian Boost ), and/or to the same extent as any other information furnished to the Experian Credit Bureau for inclusion in your Experian credit file. \n\n\n\nAMENDMENTS This Agreement may be updated from time to time. You should check this Website regularly for updates to this Agreement. Each time you order, access or use any of the Services or Websites, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement. Modifications take effect as soon as they are posted to this Website ( or any of the Websites, to the extent applicable to you ), delivered to you, or reasonably made available to you in writing by XXXX. However, no unilateral amendment will retroactively modify the parties ' agreed-to dispute resolution provisions of this Agreement for then-pending disputes, unless the parties expressly agree otherwise in writing. In all other respects, any modification or update to the arbitration provision shall be governed by subsection ( g ) of the Agreement 's \" Dispute Resolution By Binding Arbitration '' Section below. \n\n\n\nMODIFICATION OF SERVICES OR WEBSITES XXXX may, at its discretion, modify or discontinue any of the Services or Websites, or any portion thereof, with or without notice. You agree that XXXX  will not be liable to you, your minor children or any third party for any modification or discontinuance of any of the Service or Websites. \n\n\n\nGENERAL DESCRIPTION OF SERVICES The Services and Websites are meant to provide you a means to review your personal finance and/or credit information for educational purposes only, and to manage if and to the extent you so choose, and may notify you of credit opportunities and other products and services that may be available to you through XXXX or through third parties ( such as, among other things, advertisements or offers for available credit cards, loan options, financial products or services, or credit related products or services and other offers to Customers, the ability to track and collect certain consumer information specific to you, including but not limited to, credit score, loan and credit card monthly payment, total amount and interest rates ). The Services and Websites are meant for your personal use only. The Services and Websites may also provide you other third-party product information, such as the availability of loans and other financial products or services, or credit related products or services ( including credit repair or other credit education services ). This includes receiving offers free of charge for various credit or other financial products or services based upon your self-identified credit attributes ( and/or your consumer report or credit score ). These offers may also be generic and may not contain offers based on information specific to you. \n\n\n\nWe will identify those Services that are provided to you free of charge. Some of the Services ( including Experian XXXX XXXX, Experian XXXX, or Experian XXXX ) may require a fee at the time of Service purchase or enrollment, such as membership Services that require the payment of an ongoing fee for XXXX 's provision of such Services. By purchasing such Services and providing payment information, you represent that you are authorized to utilize the payment method presented and agree to pay the specified fee for paid Services, including any method offered or used through a mobile application. Furthermore, you agree and authorize us to, for time to time : ( i ) submit a transaction using the card information provided, ( ii ) in the case of automatic recurring transactions, submit a transaction on a recurring basis ( e.g., monthly or annual basis ) for membership renewals, ( iii ) if necessary, obtain updates from card issuers for cards provided to us, ( iv ) if necessary, bill you,  in a prorated manner ( as required ), in accordance with the particular fee terms for the Service you are purchasing or enrolling in, including if you are transitioning between free or paid Services ( or vice versa ), when a recurring basis transaction is at issue, and ( v ) if necessary ( and applicable ) bill your mobile carrier or others via a mobile application if you authorize us to do so. You may cancel your subscription or enrollment for an ongoing paid Service at any time by calling Customer Care or by using any other method specified on the Websites or in the customer membership center. \n\n\n\nFor the sake of clarity, if at any time while you have an account with XXXX, you decide to cancel your membership in a paid Service, you will be automatically enrolled in a free Service, as the cancellation of the paid Service will not cancel your account with XXXX unless you so indicate. To de-activate your account in its entirety and no longer receive the free Service, you must de-activate your account by contacting Customer Care ( or logging into your online account to deactivate your account, if available ) and expressly de-activating your account to no longer receive such free Service. In all events, your account with XXXX, ( including your access to and use of any Services ( whether free or paid ) and Websites, and regardless of whether you upgrade or downgrade any Services while maintaining your account ), shall be governed by this Agreement ( and the terms and conditions contained herein ). \n\n\n\nYou acknowledge and agree that XXXX ( including its Services and/or Websites ) has not and does not provide you ( or any minor child enrolled in a Service ) legal, tax, financial, or other advice ( including, without limitation, advice on how to improve or repair your credit or credit scores ), and that its Services and/or Websites are not designed or intended to provide any such advice. As discussed above, and for your convenience, we may provide links to various other third party websites that may be of interest to you. The third party offers or links that may be displayed on a Website are from third party companies from which XXXX  may receive compensation. Compensation may impact how, where or whether a third party product, service or link appears on a Website. There may be other offers generally available to you ( including those available in the marketplace ) that are not available to you on our Websites. XXXX  does not make any guarantee or imply approval for any particular offer or opportunity made on our Websites. Further, XXXX  does not represent, warrant or guarantee any level of potential savings or other benefit should you choose to apply for a particular offer. Any suggestion or representation of possible savings are for illustrative purposes only and may vary based on your individual financial circumstances and the terms made available to you by the applicable issuer or lender. XXXX disclaims all liability for any errors or omissions in any express or implied suggestions or representations related to possible savings made by XXXX or its marketing partners. For complete information on any particular offer, see the terms and conditions on the issuer or lender 's website. Once you click apply for any offers, you will be directed to the issuer or lender 's website where you may review the terms and conditions of the applicable opportunity or offer before applying. \n\n\n\nWhile XXXX  uses reasonable efforts to present the most accurate information, we show a summary to help you choose a third party service, not the full legal terms. XXXX does not control or endorse such websites and is not responsible for their content, nor is it responsible for the accuracy or reliability of any information, data, opinions, offers, advice, or statements contained within such websites, nor can XXXX guarantee your eligibility to take advantage of any of the information, data, opinions, offers, advice or statements contained within those websites. Please carefully read the terms and conditions or terms of use policies of any other third party company or website you may link to from our Websites. If you decide to access any of the third party sites linked to the Websites, you do so at your own risk. XXXX reserves the right to terminate any link or linking program at any time. XXXX disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such third party websites. \n\n\n\nACCOUNT WITH ECS ; USE OF THE SERVICES In consideration of your account with XXXX, and/or your order of, access to, and/or use of any Service or Website, you agree to provide true, accurate, complete and current information about yourself and any minor children you are enrolling, or have enrolled, in any Service, when prompted to do so by the registration and application forms or requested to do so by XXXX. If any information you provide is untrue, inaccurate or not current, or if XXXX has reasonable grounds to suspect that such information is untrue, inaccurate or not current, XXXX, at its sole discretion, has the right to suspend or terminate your account, or order of, use of, and/or access to, any Service or Website, and refuse all current or future orders of, use of, and/or access to, any Service or Website, or suspend or terminate any portion thereof. You acknowledge and agree that XXXX may, in its sole discretion, retain any information you provide to it or generated by XXXX   ( or its affiliates/suppliers ) while you have an account with XXXX, including any information about you ( or any minor child you are enrolling, when enrolling in any Service ) and any credit card or payment or other information obtained in connection with your account and/or the provision of any Service. If XXXX   does retain any such information, you acknowledge it is not obligated to retain that information for any specified period of time. \n\n\n\nDISPUTE RESOLUTION BY BINDING ARBITRATION PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. \n\n\n\nSUMMARY : MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER 'S SATISFACTION BY CALLING XXXX 'S CUSTOMER CARE DEPARTMENT AT XXXX. IN THE UNLIKELY EVENT THAT XXXX 'S CUSTOMER CARE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE REGARDING A SERVICE OR WEBSITE TO YOUR SATISFACTION ( OR IF XXXX HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY ), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS ; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. XXXX  WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, BOTH YOU AND ECS WILL BE ENTITLED TO RECOVER ATTORNEYS ' FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT. \n\n\n\nArbitration Agreement : ( a ) XXXX and you agree to arbitrate all disputes and claims between us arising out of this Agreement directly related to the Services or Websites to the maximum extent permitted by law, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us directly relating to the provision of any Service and/or your use of any Website subject to arbitration to the fullest extent permitted by law.. The agreement to arbitrate includes, but is not limited to : claims arising out of or relating to any aspect of the relationship between us arising out of any Service or Website, whether based in contract, tort, statute ( including, without limitation, the Credit Repair Organizations Act ) fraud, misrepresentation or any other legal theory ; claims that arose before this or any prior Agreement ( including, but not limited to, claims relating to advertising ) ; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class ; and claims that may arise after the termination of this Agreement. \n\n\n\nFor purposes of this arbitration provision, references to \" XXXX, '' \" you, '' and \" us '' shall include our respective parent entities, subsidiaries, affiliates ( including, without limitation, our service provider, XXXX ), agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of Services and/or Websites or information under this or prior Agreements between us relating to Services and/or Websites. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and XXXX are each waiving the right to a trial by jury or to participate in a class action to the maximum extent permitted by law. This Agreement evidences a transaction in interstate commerce, and thus the XXXX XXXX XXXX governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement.\n\n( b ) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ( \" Notice '' ). The Notice to XXXX  should be addressed to : General Counsel, Experian, XXXX XXXX XXXX, XXXX XXXX, CA XXXX ( \" Notice Address '' ). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from XXXX ( \" Demand '' ). If XXXX and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or XXXX may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by XXXX or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or XXXX is entitled. \n\n\n\nYou may obtain more information about arbitration from www.adr.org. \n\n\n\n( c ) After XXXX  receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. ( The filing fee currently is {$200.00} for claims under {$10000.00}, but is subject to change by the arbitration provider. If you are unable to pay this fee, XXXX will pay it directly upon receiving a written request at the Notice Address. ) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes ( collectively, \" XXXX Rules '' ) of the XXXX XXXX XXXX ( \" XXXX '' ), as modified by this Agreement, and will be administered by the XXXX. If the XXXX is unavailable or refuses to arbitrate the parties ' dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties can not agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the XXXX XXXX XXXX. In all events, the XXXX Rules shall govern the parties ' dispute. The XXXX Rules are available online at www.adr.org, by calling the XXXX at XXXX, or by writing to the Notice Address. The XXXX Rules may change from time to time, and you should review them periodically. \n\n\n\nAll issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement 's other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable. However if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall have the power to decide whether this agreement permits class or representative proceedings. The arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless XXXX and you agree otherwise, any arbitration hearings will take place in the county ( or parish ) of your billing address. If your claim is for {$10000.00} or less, we agree that you may choose whether the final arbitration hearing will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the XXXX Rules. If your claim exceeds {$10000.00}, the right to a hearing will be determined by the XXXX Rules. Except as otherwise provided for herein, XXXX will pay all XXXX filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose ( as measured by the standards set forth in Federal Rule of Civil Procedure 11 ( b ) ), then the payment of all such fees will be governed by the XXXX Rules. In such case, you agree to reimburse XXXX for all monies previously disbursed by it that are otherwise your obligation to pay under the XXXX Rules. \n\n\n\n( d ) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the XXXX Rules. \n\n\n\n( e ) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the XXXX Rules. \n\n\n\n( f ) YOU AND ECS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and XXXX   agree otherwise, the arbitrator may not consolidate more than one person 's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party 's individual claim. If this specific subparagraph ( f ) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph ( f ) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph ( f ) enforced. Any claims not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of the individual arbitration. \n\n\n\n( g ) Notwithstanding any provision in this Agreement to the contrary, we agree that if XXXX makes any change to this arbitration provision ( other than a change to the Notice Address ) during your membership in any Service, including credit monitoring, or subsequent to your purchase of any Service, you may reject any such change and require XXXX to adhere to the language in this provision as written at the time of your enrollment or purchase if a dispute between us arises regarding such Service by providing Notice to XXXX at the Notice Address above prior to initiating your dispute. \n\n\n\nFCRA DISCLOSURES The FCRA allows you to obtain a copy of all of the information in your consumer credit file disclosure from any consumer credit reporting company for a reasonable charge. The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer credit reporting company","date_sent_to_company":"2019-04-19T17:26:32.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"60134","tags":null,"has_narrative":true,"complaint_id":"3217398","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2019-04-19T17:16:27.000Z","state":"IL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Difficulty submitting a dispute or getting information about a dispute over the phone"},"highlight":{"complaint_what_happened":["The term \" Service '' includes, but is not limited to, the provision of any of our products and services, including credit report ( s ), credit <em>risk</em> score ( s ), credit <em>monitoring</em>, credit score <em>monitoring</em> and credit score tracking ( including all the data and information contained therein ),  the receipt of any <em>alerts</em> notifying you of changes to the information contained in <em>your</em> credit report ( s ),  regardless of the manner in which you <em>receive</em> the Services, whether by email or mail, through a website"],"product":["Credit reporting, credit repair services, or other <em>personal</em> consumer reports"]},"sort":[10.798331,"3217398"]},{"_index":"complaint-public-v1","_id":"9140686","_score":10.235661,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"To, CFPB Ombudsman : Unresolved dispute with Bank of America transfer to a FRAUD SCAM Brokers : XXXX XXXX XXXX name : AnthonyTricoci Amount : {$140000.00} Reference : XXXX XXXX ( The company ) Dear Sir/Madam, I want to draw your attention to a significant issue I've encountered involving Bank of America . I've fallen victim to a sophisticated scam orchestrated by the company operating under the name '' XXXX XXXX '' referred to as \" The Company. '' Funds totaling {$140000.00} weretransferred from myBankofAmericaaccountdirectlytothefraudster. \nAs I stated I fell victim to an Online trading company, misrepresenting themselves as legitimate brokerages o ering me to make great returns onso-calledOnlinetradingwith little to no risk. \nIn XX/XX/year>, I received a connection request from XXXX XXXX, a professional in finance and XXXX XXXX XXXX ( CRO ). Being intrigued by her extensive background in finance, I connected with her. Our initial interaction took place on the XXXX platform, but XXXX suggested moving our conversation to XXXX for enhanced privacy and encryption. Despite my background being in engineering and management, XXXX expressed interest in my lengthy career and experience with U.S. financial issues during my early years. \nOur regular conversations delved into personal topics, such as hobbies and lifestyles. XXXX revealed her interest in trading XXXX XXXX, a skill taught by her uncle, a prominent figure at XXXX in New York. As our discussions progressed, we shared details about our private lives, including XXXX 's marital status ( divorced with no children ), age ( XXXX ), and residence in the XXXX XXXX area. I, too, disclosed being married, retired, XXXX XXXX XXXX, with hobbies in working on old cars and traveling. \nMy interest in XXXX 's successful XXXX XXXX trading prompted her to introduce me to the XXXX XXXX app. After demonstrating how to use the app in demo mode, XXXX encouraged me to invest real money. I started with a {$5000.00} transfer, and under her guidance, we experienced some initial success. As XXXX insisted on increasing capital, I transferred an additional {$40000.00} from my savings, and with a total of {$45000.00}, our trading flourished. XXXX proposed leveraging more funds and inquiring about my financial resources, including pensions, Social Security, and trust money. \nAs XXXX persistently pressed for additional funds, she became more affectionate, using terms like \" honey, '' \" dear, '' and \" darling. '' Despite my reluctance to involve trust money, XXXX expressed interest in a non-escalating annuity. She assured me that if any losses occurred, she would cover them. She showcased her trading profits, and I eventually cashed in the annuity, transferring the funds to my XXXX Account. Our profits reached {$150000.00}, and XXXX, seemingly enamored, proposed an all-expenses-paid trip to XXXX and urged me to access the trust funds. \nHowever, my apprehensions grew, especially as XXXX discouraged withdrawals, citing the need to gradually withdraw for tax payments. When I proposed a withdrawal to purchase an XXXX phone and remodel a bathroom, XXXX insisted on a {$3000.00} payment to maintain high capital levels. As I navigated the account freeze issue, it became evident that it was a scam. The {$160000.00} they claimed I owed was the initial capital I had invested, and by paying it, they promised to double it and return the amount, effectively paying off the loan. \nI thought Iwasgoingonalegitimateinvestmenttrack, andIwouldliketomentionthattheir methods were illegal, manipulative, against regulation, and very questionable. I have tried on several occasions to resolve matters directly with Bank of America However, they are ignoring me and trying to brush me o. I requested to file adisputeregardingthemerchant and asked that Bank of America assist me inrecoveringthefundsbacktomyaccountforthe following reasons : XXXX XXXX XXXX Questionable Merchant Activity Furthermore, I do consider that the actions committed by Bank of America 's XXXX XXXX to the USlegislation. \nI have not managed to retrieve any of my funds, and I see no prospect of recovering them from \" XXXX XXXX ''. I urge Bank of America to acknowledge its share of responsibility in neglecting to adequately caution customers engaging with a disreputable entity. Those of us not well-versed in financial matters lack the tools to protect ourselves against a sophisticated and practiced deceiver. \nIt is a shattering blow to have what e ectivelywasmylasthopeofprovidingformypension in evenasmallway. \nTheBanks negligence : As previously highlighted, I have never received any notification from Bank of America 's sta, despite the transactions made to \" XXXX XXXX '' being deemed \" unusually large and complex, '' as well as contradictory to mypasttransaction history. It's important to note that these transactions occurred in rapid succession, leaving no room for oversight from Bank of America. Therefore, I consider this oversight to indicate negligence on the part of Bank of America. \nI have accepted Bank of America Terms and Conditions- with thepagescoveringAML/CTF policies they seemed to be credible enough. It turned out that Bank of America, which, de jure, has pages covered with XXXX, has, defacto, totally disregarded the US attempts to prevent/stop and combat money laundering, terrorism sponsorship, and other illegal, immoral, and unethical activities. \nI have emphasized that while XXXX XXXX might be involved in illegal activity ( money laundering, terrorism sponsorship, etc. ), Bank of America 's reputation could face significant damage due to their decision not only to transfer funds to XXXX XXXX but also to refuse to reverse the transactions. \nTherefore, I consider that by transferring my hard-earned funds, Bank of America allowed this fraud ( directly or indirectly ) to occur. I would like to emphasize that I am an ordinary citizen, I was never told about financial regulators and authorities, nor do I have any experience in the financial field- it is only the painful and devastating experience I faced that made me fully examine the key principles of AML/CTF and KYC policies the banks should fully implement. \nNevertheless, I would like to emphasize that financial institutions must update their database to ensure their clients` security. Unfortunately, ordinary people do not possess enough knowledge and technological facilities and, as a consequence, they could be deceived- and, in fact, they are! However, theydorelyontheirbanks, andifsuchsophisticated fraud occurs, it means that : -wearedealingwithsophisticated scammersand-Thebankdidnotdoitsjobproperly. \nOrdinary citizens, who do not possess cyber-security tools, could be deceived- however, it is impossible to deceive the security infrastructures and systems. \nI would like to kindly draw the attention of the CFPB Ombudsman to the fact that I have never received any warnings from the banks ' sides- even though the transactions I was making should have raised red flags for Bank of America and Bank of America as I have never transferred money to XXXX before. I have never received any adequate warning/alert from the banks sides- and I do consider that it definitely indicates gross negligence from BankofAmerica'sside.\n\nFurthermore, please note that I contacted Bank of America right after I realized that I was sophisticatedly deceived- however, I have received neither assistance nor have my funds been recalled/retrieved. Therefore, I do consider that Bank of America has never acted in the client 's best interest and now are trying to simply get rid of me. \nI was never told by Bank of America'semployeesthatsendingmoneytoXXXX risky. Since my trusted financial institution didn't warn me or explain the risks involved, I was under the impression that I was proceeding on a legitimate path. Had my bank alerted me, Iwouldhaveimmediatelyceasedtransferring funds to thescammers. \nOnce again, I would like to emphasize that I am an ordinary citizen- however, I have revealed that the USA is seriously combating moneylaundering issues. \nI doubt how professional and reliable Bank of Americas services are if their employees can not provide their clients with the relevant information concerning the risk of making certain transactions. \nI do consider that Bank of America has committed gross negligence while transferring money to XXXX XXXX as it has not only disregarded the vulnerable circumstances I face but has not fully implemented XXXX and XXXX regulations ( such as ongoing monitoring of clients` transactions in order to determine unusually large or complex ones as well as those which run counter to clients` profiles, committing XXXX searches, sanctions XXXX, etc. ), which made mefall into such asophisticated scam. \nDespite regularly transferring substantial sums of money, I have never received any alerts or warnings from bank employees. This leads me to believe that Bank of America has failed to monitor my transactions or implement enhanced customer due diligence.Hadtheydoneso, they wouldhaverealized that these transactions do not align with my client profile. \nCASESUMMARY : 1. Bank of America has not stopped/blocked the transactions made to the fraudulent company. As those transactions have been authorized and executed by Bank of America this meansBankofAmericaisdirectly involved in fraud.\n\n2. The destination of my hard-earned funds was never checked by Bank of Americas employees , which indicates an absolute disregard for their own Terms and Conditions, as well as for the US anti-moneylaunderinglegislation .\n\n3. Bank of America has not implemented enhanced customer due diligence, showing little concern regarding the potential money laundering, terrorism sponsorship, and other illegal activities ; 4. Bank of America has disregarded its responsibilities regarding the clients` funds security and clients treatment. My financial condition has been strongly a ected and I carried enormous losses due to the fraud- none of these vulnerable circumstances was taken into consideration by the Bank`s employees. \n5. TheBankhasnotfullyimplementeditsownTermsandConditions.\n\nDESIREDOUTCOME : BankofAmericahastoconfirmthatIhavefallenvictimtofraud. \nBank of America has to promptly initiate a full recall of these payments totaling {$140000.00}. This action includes conducting a thorough investigation into my case and identifying any companies or banks potentially involved in the fraudulent activity.\n\nBank of America has to act in the best interest of their clients ( as stated above ) and if the funds can not be recalled, I expect Bank of America to compose a reimbursement for the reasons mentionedpreviously. \nBank of Americahastoupdateitsdatabasetopreventthesamefraudulentandaggravating cases such as minefromrecurring. \nBank of America has to provide me with additional financial compensation for my mental andphysical health was jeopardized by the Banks employees. \nI amlookingforwardtoreceiving aresponsefromyou.Thankyouforyourassistance. \nRespectfully, AnthonyTricoci Attachments : XX/XX/XXXX XXXX To, Bank of America- Appeal letter XXXX name : XXXX XXXX XXXX XXXX XXXX XXXX Dear XXXX XXXX XXXX XXXX XXXX I am a loyal, long-term Client of Bank of XXXX. \nThis letter is to inform Bank of America about fraudulent activity that has been committed on my Bank of America account since XXXX XXXXXX/XX/year>, and then I have revealed that I was sophisticatedly scammed and the Merchants I was dealing with- the Company called XXXX XXXXhadnoregulations and offer fake services on their website. \nPlease note that the total amount of XXXX USD was transferred from my bank account to XXXX XXXX. \nI have been a member of XXXX for two decades, utilizing this business and employment-focused social media platform both through its website and mobile applications. \nIn XX/XX/year>, I received a connection request from XXXX XXXX, a professional in finance and XXXX XXXX XXXXXXXX ( CRO ). XXXX intrigued by her extensive background in finance, I connected with her. Our initial interaction took place on the XXXX platform, but XXXX suggested moving our conversation to XXXX for enhanced privacy and encryption. Despite my background being in engineering and management, XXXX expressed interest in my lengthy career and experience with U.S. financial issues during my early years. \nOur regular conversations delved into personal topics, such as hobbies and lifestyles. XXXX revealed her interest in trading XXXX XXXX, a skill taught by her uncle, a prominent figure at XXXX in New York. As our discussions progressed, we shared details about our private lives, including XXXX 's marital status ( divorced with no children ), age ( XXXX ), and residence in the XXXX XXXX area. I, too, disclosed being married, retired, XXXX XXXX XXXX, with hobbies in working on old cars and traveling. \nMy interest in XXXX 's successful XXXX XXXX trading prompted her to introduce me to the XXXX XXXX app. Afterdemonstrating how to use the app in demo mode, XXXX encouraged me to invest real money. I started with a {$5000.00} transfer, and under her guidance, we experienced some initial success. As XXXX insisted on increasing capital, I transferred an additional {$40000.00} from my savings, and with a total of {$45000.00}, our trading flourished. XXXX proposed leveraging more funds and inquiring about my financial resources, including pensions, Social Security, and trust money. \nAs XXXX persistently pressed for additional funds, she became more affectionate, using terms like \" honey, '' \" dear, '' and \" darling. '' Despite my reluctance to involve trust money, XXXX expressed interest in a non-escalating annuity. She assured me that if any losses occurred, she would cover them. She showcased her trading profits, and I eventually cashed in the annuity, transferring the funds to my XXXX Account. Our profits reached {$150000.00}, and XXXX, seemingly enamored, proposed an all-expenses-paid trip to XXXX and urged me XXXX access the trust funds. \nHowever, my apprehensions grew, especially as XXXX discouraged withdrawals, citing the need to gradually withdraw for tax payments. When I proposed a withdrawal to purchase an XXXX phone and remodel a bathroom, XXXX insisted on a {$3000.00} payment to maintain high capital levels. As I navigated the account freeze issue, it became evident that it was a scam. The {$160000.00} they claimed I owed was the initial capital I had invested, and by paying it, they promised to double it and return the amount, effectively paying off the loan. \nI was convinced that the company was legitimate and had billions of assets. It did look professional and genuine and I could not have even imagined that the company was fraudulent and counterfeit. Nevertheless, the Company turned out to be professional in pushing its Clients to invest more and more funds- I was urged to invest money so my trading account could grow and I would receive higher returns. \nI was instructed to start with a small investment- however, right after depositing funds, I observed my trading account growing ; things looked very good- and my trust was caught by these manipulative tricks. Please note that I have never had any experience in the financial field, and, therefore, my lack of experience and trust were sophisticatedly misused by the fraudsters. \nI was pushed to owe money, and the whole process of trading was done under pretenses and permanent high-pressure sales techniques. The Company has committed a deliberate misrepresentation, pretending to be legitimate and licensed brokerages- neither their product nor real service has ever existed. I was misguided and misinformed early, falling victim to a sophisticated financial fraud. \nTHEBANK`SRESPONSIBILITY : Please note that you have never provided me with a plain and understandable explanation of the risks related to such types of transactions. \nI have come through severe phone harassment and unethical sales techniques, and, as a result, fell victim to financial abuse. I firmly believe that Bank of America could have prevented this fraud from occurring if you had promptly identified the red flags of financial fraud and/or financial abuse. \nAn enormous amount of money was transferred from my bank account to XXXX XXXX, which should have alerted your concerns. I request you to note that the whole process of trading was done under the Company 's guidelines and false pretenses-taking into account, that those transactions had no business/logical purposes, you should have examined their nature to ensure that being a loyal Client of yours, I am not misguided/deceived by the fraudulent Merchants. \nI request you to take into consideration that in the case of XXXX XXXX : Theproduct that was described to me did not match reality, meaning the product was misdescribed and I was misinformed. \nBased onthe above, I couldnt make a conscious decision as I was misinformed from the start as to the nature of the fraudulent company, meaning I couldnt have known that these transactions were risky.- However, the Bank, XXXX HAVE KNOWN. \nI have never dealt with trading/investment companies before- therefore, those transactions should have raised so-called red flags, as they run counter to my previous client`s history Besides, I need to state that I was never told that the trading process is risky itself while the transfers made to XXXX XXXX should raise red flags for the financial institutions- because the transaction does not correspond to my previous client`s history, and, inter alia, taking into account how questionable the reputation of XXXX XXXX. \nSummarising the above-mentioned, I would like to point out that : * I was deliberately misinformed, and the Company committed fraud and/or willful misrepresentation. XXXX XXXX created a false, misleading impression that the Company 's services were genuine, legitimate, and in full accordance with XXXX legislation. \n* The Company turned out to be a fraudulent, unlicensed entity and was aggressively pushing me to invest my life savings. As I revealed later, the numbers they were showing in my trading account were just smoke and mirrors and never really existed. \nAll the above-mentioned facts and arguments indicate that XXXX XXXX XXXX XXXX in a sophisticated fraud. The Merchants have Misrepresented themselves and their services ( pretending to be reliable and trustworthy ). \nThus, I firmly believe that the Bank should have taken proactive actions to ensure that I would not fall victim to a financial scam and/or financial abuse. During the process of these transactions, I was asked about the purpose of transferring the money. However, I am confused as to why these transactions were not flagged or prevented, considering the potential risks involved. As a customer, I rely on the expertise and vigilance of the bank 's employees to ensure the security and integrity of my account. \nI would appreciate it if you could provide me with some clarification on this matter. Were your employees aware of the risks associated with these transactions? If so, why were they not prevented? I believe it is crucial to understand the reasons behind this to maintain trust and confidence in the bank 's services. \nIn other words, Bank of America had failed to notify me and had failed to do its due diligence regarding monitoring suspicious transactions- as it could be seen from my bank statements, my funds went to the Merchant which appear irregular in comparison to mydaily transaction history. \nOrdinary citizens, who do not possess cyber-security tools, could be deceived ; however, it is impossible to deceive the security infrastructures and systems- the ongoing monitoring of transactions, ( enhanced ) customer due diligence, and the assessment of geographical risk could never be misled. \nAs an ordinary citizen, who did not possess any previous trading experience, I could not even imagine how sophisticated financial scams could be. I was NOT asked whether I was pushed or instructed by the third party, nor I was inquired whether I was promised any unrealistic returns for such an investment. Most importantly, I have not explained the risks related to such transactions, nor I was told that the number of investment scams increased drastically and there were thousands of other US citizens being maliciously targeted by fraudsters.\n\nI have transferred thousands of Dollars- however, you never intended to fully understand the nature of the transaction. \nLet me assure you that the prudent Bank employee would have been able to identify unusual patterns in my transactions meaning that in case XXXX had been fulfilled by the Bank, the red flags would have been immediately raised. \nNevertheless, my genuine willingness is to resolve this dispute and continue our cooperation, as I have always been satisfied with your services. \nI expect Bank of Americatoinvestigate mycase, contact all the recipient financial institutions with the request to recall/reverse the transactions for the total amountof {$140000.00}, and/or reimburse meaccordingly","date_sent_to_company":"2024-05-30T20:01:41.000Z","issue":"Fraud or scam","sub_product":"Domestic (US) money transfer","zip_code":"85044","tags":"Older American","has_narrative":true,"complaint_id":"9140686","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BANK OF AMERICA, NATIONAL ASSOCIATION","date_received":"2024-05-30T19:46:01.000Z","state":"AZ","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["However, I am confused as to why these transactions were not flagged or prevented, considering the potential <em>risks</em> involved. As a customer, I rely on the expertise and vigilance of the bank 's employees to ensure the security and integrity of my account. \nI would appreciate it if you could provide me with some clarification on this matter. Were <em>your</em> employees aware of the <em>risks</em> associated with these transactions? If so, why were they not prevented?"]},"sort":[10.235661,"9140686"]},{"_index":"complaint-public-v1","_id":"8295091","_score":9.083563,"_source":{"product":"Debt collection","complaint_what_happened":"XX/XX/XXXX Received email payment solicitation from XXXX XXXX XXXX XXXX Final offer to resolve your cancelled account Total past due : {$2700.00} Account number ending in : XXXX Date : XX/XX/XXXX Hello, We previously sent you a letter informing you that your account referenced above has a past due balance of {$2700.00} and needs immediate attention. We would like to provide you with one last opportunity to resolve this account before it is turned over to an external collection agency, which may have a negative impact on your credit report. \n\nYou have the option to make the payment in three installments on or before XXXX. We are not obligated to renew this offer. Please call us XXXX for payment and any assistance related to the offer. \nWays to pay today : Call XXXX XXXX Select XXXX XXXX XXXX XXXX XXXX Not XXXX XXXX XXXX XXXX  ) Enter your account number Enter your zip code Thank you, XXXX XXXX XXXX Note : This is an automated email ; replies to this email are not monitored. If you have a question, please call XXXX. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Dear XXXX XXXX XXXX I have received numerous emails from the forwarded source. I have no such account. \nPlease advise as to whether this is a legit Email payment request from XXXX. \nIf you authorised this account and associated it with me, you did not do your due dilegence. I had already locked my Credit File and have now filed a fraud alert to the 3 Credit reporting agencies. \nAgain, please respond and advise. \n\nThank you Response back- THIS IS AN AUTO-RESPONSE MESSAGE - PLEASE DO NOT REPLY - XXXX XXXX XXXX WILL NOT SEE ANY REPLY SENT TO THIS MESSAGE This message confirms that your report has been received by the XXXX XXXX XXXX XXXX XXXX XXXX XXXX . \n\nThe XXXX XXXX XXXX XXXX XXXX Acceptable Use Policy is located at XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nXXXX XXXX XXXX  ABUSE REPORTING Please note that we can only take action on reports that implicate the XXXX XXXX XXXX XXXX as a source of abuse. As we are unable to take any action on reports not involving XXXX XXXX XXXX XXXX XXXX, we recommend that you send those reports directly to the abuse address of the originating domain or service provider. You can identify the originator by reading the expanded e-mail headers. If you need help with reading headers, visit the following : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  For any abuse report involving e-mail, it is essential that the report include the full original expanded headers containing the source IP address and time stamp, along with the complete unedited subject line and message. A report can not be investigated without this information. Please send one report at a time, as combining multiple reports only detracts from our ability to address abuse issues. \n\nFor abuse reports involving security incidents, please include relevant log excerpts of the incident directly in the body of your message. Logs must be in plain text or XXXX format and include the time zone, source IP address, destination IP, timestamps, and port numbers. \n\nFor information on spam related issues please visit XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and use the help search box to search for \" spam '' to locate Spam FAQs for your service type. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX will take appropriate action on any phishing reports that : 1. Appear to be from XXXX XXXX XXXX 2. Contain websites or services hosted on XXXX XXXX XXXX XXXX XXXX 3. Target XXXX XXXX XXXX customer identity or personal information For information on how to protect yourself from Internet scams, identity theft, and for the latest information on phishing & counterfeit XXXX XXXX XXXX Billing notices, refer to the following XXXX XXXX XXXX eSupport articles : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX If you are an XXXX XXXX XXXX customer and you suspect that your XXXX XXXX XXXX  email address ( es ) has been compromised refer to : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX If you think you have been a victim of potential identity theft, the U.S.\n\nFederal Trade Commission offers advice on its web site, which is located at XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX COPYRIGHT For Copyright, Trademark, or XXXX allegations of Infringement , please visit : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX If your report involves a threat, please take steps to protect yourself and your property by reporting the incident to your local law enforcement agency. We will investigate your complaint and cooperate fully with any requests from law enforcement.\n\nYou will receive no further contact from us unless there are special circumstances, or we require additional information to complete our investigation. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Never Responded back ) Recent notifications from my credit monitoring service XXXX - XX/XX/XXXX SEQUIUM ASSET SOLUTIONS , LLC has flagged your account as Unpaid ( D ) with XXXX, which may negatively impact your credit score based on XXXX data. \nSource : XXXX XXXX : SEQUIUM ASSET SOLUTIONS , LLC Address : XXXX XXXX XXXX, XXXX, GA XXXX Activity : Unpaid ( D ) Balance : {$2700.00} XX/XX/XXXX Your Credit Rating has changed from Exceptional to Good. \nYour XXXX  Score has decreased XXXX points to XXXX. Since your XXXX Score decreased, you are now viewed as more of a credit risk to creditors. \nXXXX pts XXXX score logo Learn more XXXX  data XX/XX/XXXX WHAT NOW? \n\nXX/XX/XXXX XXXX  XXXX XXXX has flagged your account as Collections on XX/XX/XXXX. \nSource : XXXX XXXX : SEQUIUM ASSET SOLUTION Address : XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, GA XXXX Phone : ( XXXX ) XXXX Activity : XXXX XXXX XXXX ( Collections ) Balance Date : XX/XX/XXXX Balance : {$2700.00} Again - I never engaged with XXXX XXXX XXXX for whatever Equipment/Services they seek payment for!","date_sent_to_company":"2024-02-06T21:01:23.000Z","issue":"Attempts to collect debt not owed","sub_product":"Telecommunications debt","zip_code":"210XX","tags":"Older American","has_narrative":true,"complaint_id":"8295091","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Sequium Asset Solutions, LLC","date_received":"2024-02-06T19:45:34.000Z","state":"MD","company_public_response":null,"sub_issue":"Debt was result of identity theft"},"highlight":{"complaint_what_happened":["We will investigate <em>your</em> complaint and cooperate fully with any requests from law enforcement.\n\nYou will <em>receive</em> no further contact from us unless there are special circumstances, or we require additional information to complete our investigation."]},"sort":[9.083563,"8295091"]},{"_index":"complaint-public-v1","_id":"10981005","_score":7.2367687,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX XXXX\nConsumer Financial Protection Bureau (CFPB)\nXXXX XXXX XXXX XXXX XXXX, DC XXXX\nThis is to complain against RIA XXXX: HIGH\nIMPORTANCE: HIGH\n[WITHOUT PREJUDICE]\nI wish to practice my right as a customer of RIA to use your organisation's service, seeking a formal,\nimpartial investigation to amicably settle my dispute with RIA.\nIn order to clear up the myriad of letters and correspondences I have hitherto sent to RIA respecting my\ncomplaint, I believe it will substantially strengthen both my case and your understanding, by taking a\ndeeper look at the happenings of my case, and analysing the relevant facts in an objective and\ncomprehensive fashion.\nIt is crucial to note that I have been manipulated, socially-engineered and coerced to engage these\nfraudulent criminals. Much to my embarrassment, I recognise that I am the victim of an investment scam.\nMy complaint to the CFPB has arisen as I do not consider, by any stretch of the imagination, the conduct\nof RIA to be commensurate with their legal role and responsibility to their customers. They sell a service\nto look after their customers, protect their money and are a financial institution that maintains a traditional\nrelationship and way of working with its customers.\nDuring the complaints process with RIA, I found their communication ineffective, which further hides\ntheir conduct to management and diminishes the service offering to their clients. They are struggling to\nadapt their business offering in the ever-changing world of IT development. The internet is presenting a\nreal problem which they choose to manage in a way which is not in line with rules and regulations of\nCFPB as well as their own internal policy and procedures sold to their clients.\nGeneral Obligation:\nCommencing on XXXX XXXX, I fell victim to a multilayered scam operation orchestrated by XXXX XXXX (the Fraudsters or Company).\nMoney was transferred from my account in the total amount of XXXX XXXX.\nWhen determining whats reasonable and fair, we should focus on the issue of liability; common queries\ninclude, but are not limited to, the following (i)\nwhether RIA did not take notice of any rule, law, or regulation, and/or possibly missed any material\nelements of the relevant bylaws or codes of conduct, that may have prevented them from protecting my\nfinancial safety; (ii) whether by virtue of RIAs custodianship over my funds or by its control over them,\nthey owed a fiduciary duty to the me and if so, whether that duty was breached; (iii) whether RIA\npromoted the transaction(s) in question despite being aware of the nature of the transaction(s) in question\n(iv) whether RIA was in compliance with its own policies and procedures; (v) whether RIA owed duties\nto myself, what the scope of those duties was, and whether RIA did not uphold those duties; (vi) whether\nRIAs conduct was unfair; and (vii) whether RIA has within its power the ability to, and should,\ncompensate me for the harm that has befallen me.\nUpon identification of such unusual or suspicious activity, it is crucial that the relevant staff member\nadequately describe the factors making an activity or transaction suspicious, thoroughly depict the extent\nand nature of this activity and properly communicate to the customer that such activity meets the relevant\ncriteria of fraud.\nIn providing its services to a customer, a financial institution is required by law to exercise the care and\nskill of a diligent, prudent banker. In this case, this means that the payment service provider should not\nturn a blind eye to known facts pointing to a real possibility that their customer is being scammed. In\nother words, RIA must have had special knowledge of what was occurring or been alerted to a real\npossibility of fraud taking place. The financial institution must have known or reasonably ought to have\nknown that I was dealing with a scammer.\nGranted, there is room for diversity of view insofar as reasonableness is concerned. Indeed, there is a\nsense in which the standard of care of the reasonable person involves in its application a subjective\nelement.\nHowever, it must be remembered that the correct test is always reasonable care in all circumstances, not\naverage care. The fact that most people behave in a certain way may be good evidence that the conduct is\nreasonable, but this is not necessarily the case. Although reasonableness is a very fluid concept, all of\nthe evidence suggests that RIA did not foresee the fraud and disregarded even the most obvious dangers\nin this respect.\nSituations do tend to repeat themselves and it is advisable to examine previous outcomes to see how the\nstandard of the reasonable person should be applied, and that lessons can be learnt from the errors of the\npast.\nRIAs Position:\nPlease find attached all relevant evidence below.\nRIA conspicuously touts their security as a reason to use their service. Specifically, RIA writes on\ntheir website:\nWe work hard to protect you from fraud. That's why we:\n Apply best-in-class security technologies expertise to protect you 24/7, all year round.\n Secure every method of banking we offer including online, mobile, ATM and telephone\nbanking.\n Offer free security software from our trusted tech partners to download on to your devices.\n Frequently train our employees on the latest practices in cyber and physical security.\n Give you the security tips and resources you need to protect yourself from potential threats.\nRefuting RIAs arguments from a purely logical perspective:\nRIAs position is that the features of the situation at hand do not generate a genuine obligation to protect\ninnocent and helpless victims; they are essentially arguing that common-sense-based approaches are\ndoomed to fail, leaving their exclusively technical account of the subject matter as the only meaningful\nchoice. For reasons which are unclear, this extremely serious situation barely gets the attention it deserves\neven though ample evidence has been offered in support of this complaint.\nIn RIAs view, it is implied that we should not home in (and consequently rely) on unwritten laws,\npracticality, good judgement, reasonableness, sharpness, sensibleness, past outcomes, and insight, when\ntaking appropriate precautions. To underscore, once again, such views are at odds with common sense\nand are wildly irresponsible.\nImagine a view according to which the one and only thing that can make RIA morally obligated to do\nsomething is having it written down somewhere. Pursuant to this view, if RIA encounter the suffering of\ntotally naive victims, they are only obligated to intervene in or remedy the situation, to the degree\nrequired by written material. This is unbecoming for a reputable establishment such as RIA.\nI have reviewed the material hereto sent by RIA carefully, and it unfortunately provides no response to\nmy fundamental argument concerning the degree of care. Given its size, influence, and the resources at its\ndisposal, this establishment clearly had a far greater capacity than an individual such as myself had, to\ndetermine the level and likelihood of risk that a client such as myself is subjected to and had a duty to\nintervene as they now do to query in particular out-of-pattern transactions of this kind.\nIt is perfectly obvious that RIA, inadvertently, employs a subtle approach in addressing some of the key\nquestions in a manner which neither provides me with adequate support nor protects anything other than\nits own interests.\nIt is RIA here, who has the burden of proof, to show that it has exercised the duty of care, that is to say,\nthat RIA adhered to a standard of reasonable care in relation to the matter at issue given its extensive\nexperience compared to mine. It is RIA that claims that the damages which I have suffered in connection\nto this matter have not been reasonably foreseeable, and that my proposed degree of care is not, and has\nnot been, commensurate with RIAs capacity, experience, expertise, or scope of services in any way. To\nreemphasize, RIAs indisputable overriding purpose is by no means to purely execute transactions in a\nblind and blank fashion, but rather to strike a balance between executing those transactions and\ncapitalising on its undeniably vast capabilities to protect consumers thereby enhancing market integrity.\nApropos of the fluidity of the concept of reasonableness, all RIA has done in this regard is set up a\ndichotomy of having or not having the legal obligation under consideration, however, that does not go\none-inch toward explaining why various regulatory authorities, has maintained that financial institutions\ncan, and should, protect consumers using their systems, advanced technologies, and rich experience.\nRIA is obliged to take some action if it is sufficiently aware of a real possibility that a fraud may be being\nperpetuated. If you don't question its customers instructions or raise the possibility of a scam with the\ncustomer in these circumstances, it may be liable if the red flags indicate the customer is:\n particularly vulnerable, or\n if the possibility of fraud was serious or real, not just suspected.\nThere are some recommendations to organisations for protecting customers from financial harm that\nmight occur as a result of fraud or financial abuse; and gives guidance on how to recognise customers\nwho might be at risk, how to assess the potential risks to the individual and how to take the necessary\nactions to prevent or minimise financial harm.\nThese recommendations are established as a general principle, the organisation should deliver a\nservice that:\n1) Takes a proactive approach to minimising risks, impact and incidences of financial harm and it\nsets out systems and tools for the prevention and detection of fraud and financial abuse. As a general\npoint, it says organisations should ensure that all systems are developed using technologies and\nmethodologies that are effective in the prevention of fraud and financial abuse, through authorised\nand unauthorised payments, thereby minimising the risk of financial harm to customers. As regards to\nthe detection of fraud and financial abuse, it says the organisation:\nA) should have measures in place across all payment channels and products to detect suspicious\ntransactions or activities that might indicate fraud or financial abuse. It then lists the following\nexamples of suspicious activity on customer accounts:\na. multiple cheque books;\nb. sudden increased spending;\nc. transfers to other accounts;\nd. multiple password attempts;\ne. logins from new devices, multiple geographical locations;\nf. sudden changes to the operation of the account; Unusual transactions are\ntransactions whose amount, characteristics and frequency bear no relation to the\neconomic activity of the customer, exceed normal market parameters or have no\napparent legal justification.\ng. a withdrawal or payment for a large amount;\nh. a payment or series of payments to a new payee;\ni. financial activity that matches a known method of fraud or financial abuse.\nB) organisations should have a process in place to ensure that staff make contact with the\ncustomer to verify the financial activity, challenge its authenticity, explain the nature of the\nsuspected or detected fraud and discuss an appropriate plan of action.\nRIA are yet to show, or otherwise provide me with, a compelling argument that their wide-ranging\nexperience and wealth of specialist knowledge in detecting transactional anomalies were not sufficient to\navert the fraud at issue. By contrast, I have provided a multitude of sound and powerful reasons by which\nrequiring their involvement has not only been pressingly relevant but also eminently reasonable and welljustified.\nRather than empathising with and undertaking substantial efforts to convey their knowledge of the\nexistence of such regulations abroad and thereafter use it to protect and proactively relieve the plight of\nconsumers who have been cheated out of their money and whose role in society is properly fulfilled,\npositively contributing to local economic growth, development and sustainability  RIA adopts a rather\ninsouciant attitude toward my financial predicament portrayed herein.\nI am deeply convinced that the disastrous results that I have previously elaborated upon will continue to\nensue if no responsibility is adopted by RIA in relation to this matter. I have also thoroughly detailed why\nthey cannot simply dismiss this problem by strictly adhering to legal technicalities which, after careful\nreflection, struck me as being nothing more than self-interest. Indeed, it seems to me utterly unfair to\ndisregard fragile, sensitive, and vulnerable consumers who are afflicted by such allegedly malevolent acts,\nthereby keeping an unjust status-quo that is corrupting our society at its core.\nConclusion:\nBased on my analysis, and as confirmed by various authorities concerned with such matters, there is\nabundant evidence that forward-thinking financial institutions ought to take reasonable steps to forestall\nfraud, or at least mitigate its risk by using an effective risk management system, demonstrating their\nundisputed ability to responsibly and pre-emptively respond to questionable transactions in the digital\narena. The use of such systems, largely based on newly adopted technologies aimed at effectively\nnavigating the evolving threat landscape, is only one of a number of possible endeavours undertaken in\nthis connection, alongside the application of past knowledge and experience related to popular fraudulent\npractices.\nAstonishingly, I am pondering how it is that, despite being shown that RIAs business conduct was\ninsufficient insofar as background checks are concerned, they keep refuting their indisputable role and\nresponsibility in connection with the matter herein discussed. The points that I have hitherto made are too\ncrucial to be taken lightly. RIAs non-observance of the fundamental principles of justice  that is, to\ncompletely overlook and not even remotely try to mitigate the suffering of vulnerable consumers is\ninexcusable given the size of the establishment and the vast resources at its disposal as the direct result of\nthe patronage of clients like myself.\nIf it was, indeed, solely my responsibility, we must then believe at least one of the following clauses: a)\nfinancial institutions have absolutely no role whatsoever in preventing and detecting fraud, b) the fraud in\nquestion was not reasonably foreseeable, or c) the transactions in question were not sufficiently alarming.\nIt is extremely unfortunate that RIA pushes quite hard for me to believe all three of these thingsdespite\nevidence to the contrary.\nIn summary, I respectively ask your organisation to consider my points, given your personal and\ncompanywide obligation to provide a fair and reasonable investigation into the complaint.\nI look forward to your input and would gladly cooperate to reach a fair and reasonable outcome.\nThank you. XXXX XXXX XXXX\nXXXX  THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK\nXXXX XXXX XXXX\nTo: RIA\nXXXX XXXX, California , United States\nVia Email\n[Without Prejudice]\nAttn: Complaints/Fraud Dept.\nDear Sir or Madam,\nRe: Demand Letter  Fraud\nI hope this letter has correctly found itself within your complaints/fraud department as it is essential to me that\nyou become aware of the ordeal I have had to go through.\nCommencing on XXXX XXXX I fell victim to a multilayered scam operation orchestrated by XXXX XXXX (the Fraudsters or Company) with the design, development, manufacturing, promoting,\nmarketing, distributing, labeling, and/or sale of illegal and outright fraudulent investment services, all of\nwhich aim at contributing to the goal of robbing and defrauding clients through a predetermined cycle of the\nclient losses to gains.\nMoney was transferred from my account in the total amount of XXXX XXXX utilizing your services.\nOVERVIEW\n This letter shall thrust into the spotlight, inter alia, the increasingly important role those financial\ninstitutions play in the fight against financial crime and fraud, and the pressing need for enhanced\nsupervision and vigilance within your organization.\n Heres an indisputable fact: had you looked at the wider circumstances surrounding the abovereferenced\ntransaction(s), this illicit transfer of wealth could have been prevented.\n Obviously, there is no consensus with respect to the degree and scope to which regulated and licensed\nfinancial institutions must intervene and block suspicious transactions, and indeed, in so doing,\nfinancial institutions may often cause payments to be slowed down unnecessarily or even some\nlegitimate payments may be rejected, however, please be noted that additional frictions such as slower\npayments (such as delaying payments or freezing funds to investigate) is beneficial to and welcomed\nby vulnerable customers and is widely considered to be a positive practice that is necessary in order to\nmaintain their financial safety, particularly for large-value and/or out of pattern.\n Executing transactions without proper authority is not only a severe regulatory offense but also an\nirresponsible and reckless disregard of the customers financial safety.\n Against this background, and without derogating any of my rights, I hereby hold you liable for\nfinancial and emotional harm as well as medical problems relating to this victimization and insist that\nyou reimburse my account in full within 14 days from the date of this letter.\nINTRODUCTION\nFinancial crimes and fraud investigations often involve a high degree of sophistication, complexity, and\nsensitiveness to detail. Accordingly, this letter aims to address the issue at hand as profoundly and fairly as\npossible, by taking into consideration contextual regulations, laws, and bylaws, as well as guidance, standards\nand rules promoted by supervisory authorities, relevant codes of practice and (where suitable) what was good\nindustry practice (GIP) at all times relevant hereto. The allegations contained herein are predicated either\nupon knowledge with respect to myself and my own experience, or upon facts obtained through investigations\nconducted by qualified third parties. I strongly believe that substantive evidence in support of the allegations\nset forth herein will be found after an appropriate opportunity for discovery. Key facts supporting the\nallegations contained herein are known only to the Company and/or are exclusively within their control.\nThe Company cleverly orchestrated a prevalent scheme of deception to lead people to invest significant sums\nwhile knowing that those would-be investors would ultimately lose the money, they had entrusted to it. The\noverall purpose of the scheme, in other words, was to target and defraud people who are often inexperienced\nand naive, in pursuance of illicit wealth through various fraudulent representations.\nI did not know, and through the exercise of reasonable diligence could not have discovered, the fraud\nthat was being perpetrated upon me by the Company. Fraud is commonly conceptualized as withholding\nfrom the weaker party in a financial transaction (e.g., an investor) information which is necessary to make an\ninformed, rational or autonomous decision.\nIn this regard, even access to adequate information is insufficient to achieve complete autonomy. A\ncomplication here is that the weaker party, amateur/unseasoned investors in particular, might have trouble\nanalyzing the data at hand sufficiently well to identify fraudulent schemes. Unfortunately, because financial\nproducts are often abstract and complex, there is no easy solution to this problem. Therefore, full autonomy of\ninvestors might not only require access to sufficient information, but also access to relevant technologies,\nknow-how, processing capabilities, and resources to analyze the information. A reasonable solution is that\nfinancial institutions would be required to promote transparent communication in which they track the\nunderstanding of its customers.\nAccording to the Federal Trade Commissions interpretations of certain terms (like the words deceptive and\nunfair), the FTC has found that a deceptive act or practice encompasses a representation, omission or\npractice that is likely to mislead the consumer acting reasonably in the circumstances, to the consumers\ndetriment.\nThe federal courts have defined a deceptive trade practice [i] as any act or practice that has the tendency or\ncapacity to deceive consumers and have defined an unfair trade practice as any act or practice that offends\npublic policy and is immoral, unethical, oppressive, unscrupulous, or substantially injurious to consumers.\nThe false representations and omissions made by the Company have a tendency or capacity to deceive\nconsumers, such as myself, into unwittingly providing funds that fueled the Companys fraudulent scheme\nand are therefore, by their very nature, jointly immoral, unethical, oppressive, unscrupulous, and\nsubstantially injurious to consumers.\nAs a result of the Companys deceptive trade practices, I was deceived into transferring my funds for\ninvestment returns that were never delivered. I will certainly never receive any monetary value for the\ninvestments considering the way the Company had their scheme rigged, thus causing significant economic\ndamage to me. The false statements of material facts and omissions as described above; and the fraudulent\ntransaction(s) the Company perpetrated upon me; were unfair, unconscionable, and deceptive practices which\nwould have likely deceived any reasonable person under the circumstances.\nMERCHANTS FRAUD SCHEME  ALLEGATIONS\nThe Company hired, managed, and trained personnel, and collaborated with others as accomplices to\ntheir crimes to induce fraud that resulted in my financial and psychological damages. These include,\nbut are not limited to, the following allegations, all of which involve criminal, non-regulated, and\nmalicious activities:\n1. The Company directed and instructed others to work from shell companies that were operating\nfrom various unassociated locations across the globe.\n2. The Company opened bank accounts in multiple countries and used them through their\naccomplices and strawmen from around the world to conceal and disguise the identity of\nillegally obtained proceeds so that they appear to have originated from legitimate sources.\n3. The Company intentionally committed fraudulent misrepresentation, and falsified its agent names,\ncredentials, competencies, qualifications and location. The Companys name is merely a brand name,\nofficially owned by shell corporations located offshore. In reality, the entire operation is being\nconducted from elsewhere (supposed location is evidently fictitious), and on top of that the call center,\nmarketing, and decision making, are all being performed by completely anonymous and hidden\nentities. Concealing true identities and utilizing front companies as a vehicle for a wide spectrum\nof financial maneuvers is a notorious practice of criminal organizations.\n4. The Company has blatantly violated international laws, as it has been practicing without a\nlicense and funneling enormous sums of money, through countries and jurisdictions that require\nregistration to operate.\n5. The Company provided direct investment advice - not utilizing 3rd party recommendations (e.g.,\naccording to Bloomberg TV/Investing.com)\n6. The Company offered investment services/advice not related to real market/exchange data\n(manufacturing false charts etc.). The trading platform was purposely manipulated, in a way that\neach client would ineluctably and unknowingly lose money, as the trades were simply\nconcocted. Instead, the Companys staff and its accomplices simply pocketed the money, using\nit to purchase various luxurious, non-essential items.\n7. The Company prohibited my ability to withdraw my funds.\n8. The Company was guaranteeing returns/yields (unrealistic ones).\n9. The Company furnished me with bonuses - which are not allowed to be given.\n10. My money was not held in a segregated account.\n11. The Company did not advertise/disclose/was not transparent regarding the statistical data representing\nthe percentage of total client losses at the company.\n12. The Company did not mention the commission and overnight swaps.\n13. The Company did not read the risk disclosure prior to my deposit(s).\n14. The Company used high pressure tactics and outbursts, which took a severe toll on my health.\n15. Armed with my personal details, the Companys staff seduced me into transferring all of my\nsavings to them. They utilized their knowledge of my cultural context, which stressed square\nand honorable business dealings along with honesty, in order to maliciously take advantage of\nmy trusting nature.\nPlease take notice that my funds were transferred through means of coercion and under false pretenses.\nAttached, please find supportive statements, screenshots, and further evidence.\nEXPOSING YOUR ORGANIZATIONS MISCONDUCT\nI hereby allege that your organization has completely failed to adequately investigate the circumstances\nsurrounding the transaction(s) in question and willfully blinded itself to obvious red flags.\nMany suspicions should have arisen at your organization as an issue of great concern, with respect to the\nunusual activity taking place in my account. Despite the regulatory and statutory requirements your\norganization should abide by as a licensed and regulated financial institution  and instead of detecting\npatterns, drawing certain conclusions, and taking actions accordingly you at best, merely and insufficiently\nperformed some hasty and haphazard reviews of the transaction(s) or possibly asked only minimal generic\nquestions regarding the suspicious activities, and at worst, shut your eyes completely rather than being careful,\nmethodical, and vigilant. Had you bothered, you would probably have realized that the funds were associated\nwith fraud and financial crime, rather than some other legitimate revenue/activity.\nIn light of the above, and after conducting a comprehensive review of our communication/interactions,\nit has become glaringly obvious to me that no adequate information and/or documentation were sought\nby your organization, at best, and at worst no appropriate safeguards were implemented.\nIf a financial institution executes a customer order to transfer money knowing it to be dishonestly given,\nshutting its eyes to the obvious fact of the dishonesty, or acting recklessly in failing to make such inquiries as\nan honest and reasonable individual would undergo, it would be in breach of its duty of care, even if the\npayment was made in accordance with the terms of the mandate, and the financial institution should still be\nliable for negligence resulting in damages.\nCompliance departments should ensure that staff members understand the legal requirements and where there\nare suspicions, these suspicions be communicated to all relevant personnel whilst being investigated.\nFor the avoidance of doubt, reasonable grounds should not necessarily be interpreted as proof. On the basis of\nvarious signs, you should have assumed that something suspicious was going on therefore should have\nsuspended transaction(s) until reasonable enquiries could be made to verify that the transaction(s)\nwas/were properly executed. In other words, I am a victim of your negligence for facilitating the\nmisappropriation of funds, and doing little to safeguard public financial interests. Any reasonable staff\nmember would have realized that there were many obvious, even glaring, signs that I was being defrauded.\n(XXXX XXXX XXXX (in liquidation) v XXXX XXXX XXXX XXXX XXXX [XXXX] XXXX XXXX) [ii]\nYou knew or should have known that the funds being transferred through your services did not rightfully\nbelong to the recipient fraudsters. Similarly, you knew or should have known that the funds being transferred\nthrough your services serve no legitimate or lawful purpose. You turned a blind eye to the crimes that you\nhave facilitated and thus provided an array of essential money transfer services, acting as a vehicle, with the\nawareness that it was enabling the fraudsters to commit crimes and enrich themselves with the funds of their\nvictims.\nYour services undoubtedly served as a crucial element in the fraudulent scheme detailed herein, and you were\neither unaware of your complicity in the fraud, or, more worryingly, completely aware and silent. Had you\nconducted an adequate account analysis, you would have discovered the nature of the recipient, and\nsubsequently, disclosed and reported the fraudsters activities to law enforcement authorities/agencies and\nregulators. Instead, to satisfy your financial interests, you conveniently closed your eyes, even though you\nundeniably had, at all material times, the necessary controls and resources to influence, whether directly or\nindirectly, those particular transactions.\nYou also had the duty to stop those crimes, yet you refused to do so because you were more interested in\nenriching yourself, even if it meant furthering those crimes and allowing them to cause massive financial\nlosses to plenty of victims  many of whom are probably your customers. Therefore, it is clear that you did\nnot have in place adequate security measures to properly safeguard my assets  hence, you have\nirreparably harmed me and, if not enjoined, will continue to irreparably harm other victims as well as\ntheir loved\nones and associates. You have irreparably harmed me and, if not enjoined, will continue to irreparably\nharm the general public, and our society deserves better.\nA financial institution which wrongly pays money away when it has no authority to do so will usually be\ntreated as if it had paid using its own funds, not those of its customer.\nWhen discussing the responsibilities that a financial institution might incur, it is crucial not to forget the fact\nthat a legitimate complaint by, or cause of action on the part of, a client might generate/give rise to further\nstatutory cause of action and/or additional liabilities beholden by a financial institution to the relevant\nregulatory authority. Obligations/duties beholden by a financial institution to a regulator are distinct from\nthose beholden to the customer. Moreover, you may be held liable to more than one regulator.\nAs a regulated and licensed financial institution, you have strict statutory and regulatory obligations to\nmonitor transactions and report any suspicious activities to law enforcement authorities. The importance of\nimplementing robust internal systems to detect and report money laundering and other suspicious activities\nhas been continuously emphasized in the industry in addition to having the appropriate policies, procedures\nand internal controls in place to ensure ongoing compliance in respect to the aforementioned systems. You\nshould have analysed and distinguished thereafter between that which may be normal activity and that which\ncould suggest an illegal activity. This is a well-known standard industry practice which plays a substantial role\nin preventing criminals from liquidating and laundering funds.\nFRAUD\nActual fraud can be described, inter alia, as suppression of that which is true, by one having knowledge or\nbelief of the fact. Therefore, due to your actual knowledge that such scams are so prevalent, you are liable for\ndamages. Similarly, due to the fact that you knew or were grossly negligent in not kn","date_sent_to_company":"2024-11-30T09:15:06.000Z","issue":"Fraud or scam","sub_product":"International money transfer","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"10981005","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Ria Envia, LLC","date_received":"2024-11-30T08:54:09.000Z","state":null,"company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["In summary, I respectively ask <em>your</em> organisation to consider my points, given <em>your</em> <em>personal</em> and\ncompanywide obligation to provide a fair and reasonable investigation into the complaint.\nI look forward to <em>your</em> input and would gladly cooperate to reach a fair and reasonable outcome.\nThank you. XXXX XXXX XXXX\nXXXX  THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK\nXXXX XXXX XXXX\nTo: RIA\nXXXX XXXX, California , United States\nVia Email\n[Without Prejudice]\nAttn: Complaints/Fraud Dept."]},"sort":[7.2367687,"10981005"]},{"_index":"complaint-public-v1","_id":"4835913","_score":6.220049,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"I filed a fraud claim with Chase on XX/XX/XXXX immediately when I discovered my checking account had an unauthorized wire transfer/withdraw of $ XXXX. I phoned the claim department listed on the back of my atm. I was on hold for 1 hour before a representative answered. At that point I was told that on XX/XX/XXXX two wire transfers in different amounts of {$7700.00} and {$7000.00} were requested from my account via wire transfer from two different recipients with different addresses. I live in California. The wire requests came from the XXXX XXXX. Possibly XXXX. Chase blocked the transfers 4x due to suspected fraud and suspiciousness. Chase made one mention of location in their initial notes. A Chase representative then called the phone number associated with my account ( my phone number ) and approved the funds with a voice confirmation. I have never used any voice verification with Chase that could be used to verify my identity especially in suspicious banking activities and non-typical money exchanges. Over 15 years, I have only occasionally called Chase to reverse a late charge and/or order a new ATM. Claim supervisor XXXX confirmed several different fraud specialists made determinations on these transfers. Each time the wire transfer request was denied it went into a cue and a new and different person reviewed it again. There was no consistency by a single person and each person reviewing lived in potentially different countries. This leaves room for extraordinary errors. I have never initiated a wire transfer of any sort from my accounts in over 15 years of banking with Chase. This was my entire savings that was unauthorized out of my account. I bank with Chase because they are the largest bank in the world. I trusted in their security. I trusted in their level of professional knowledge regarding fraud if it should happen. I trusted that specialist reviewing suspicious activity were the highest trained. This was not the case. This wire transfer was initiated on XXXX XXXX time and sent to the XXXX XXXX. I live in California I am completely unaware all of this is occurring. I was not given the benefit of the doubt to send an email to indicate what was happening on XX/XX/XXXX or XX/XX/XXXX when prior to authorizing the wire. The two different amounts, two different recipients, two time zones, no history at all of transferring money, a transfer amount well outside of my typical spending patterns the fact that login pin was changed the day before this transfer was not reasonable for Chase to deny the wire. This is non-sensical to me. The totality of these red flag taken together with the fact that Chase denied this 4x was reasonable enough for Chase 's experts to stop any payment for this wire claim for our best interests in the end. But Chase did not. Instead, Chase decided that despite red flags and all of the suspicious behavior one phone call was simply sufficient to approve XXXX to wired out of my account. I do not see that any critical or preventative thinking or measures were used in this situation. I had only paid utilities and mortgage from this account. \n\nI did not know any sort of wire transfer could be done over the phone or website. I thought it was similar to my credit unions, which require 2 forms of ID and in person request. Furthermore, with my credit unions, even if a wire transfer is initiated by mail, the wire transfer must be notarized. Chase offers this easy on-line service to customers but with minimal measures in cases of fraud. Or rather, the level of training currently used is not sufficient to stop red-flags and suspicious transfers. I assert that because of the ease to impersonate Chase customers for a service Chase offers and is not adequately able to monitor, Chase customers are at a higher risk of being victims of fraud by highly technical and sophisticated fraudulent individuals. \n\nChase was able send email alerts on my account. I received the confirmation email on XX/XX/XXXX. Had Chase sent me email correspondence XX/XX/XXXX, and XX/XX/XXXX prior to authorizing those funds, in addition to blocking this transfer, my savings would still be in my possession. This is reasonable for Chase to do so on my account given my usage. Chase did not initiate a rapid recall until the week after XX/XX/XXXX. I was also told by the second representative that a rapid recall of the funds was not possible. However, on a later conversation in XX/XX/XXXX, I was told it was possible and they did initiate it. I believe Chase may have initiated the recall but on a date much later than XX/XX/XXXX in the XXXX. Chase refused to provide any documentation on their part to what, when and who did what. I asked multiple times to speak with supervisors and to connect me with the fraud specialists. Each time I was told decisions were made in the back office and no one was allowed to communicate directly with specialists there. \n\nXXXX/Phone Compromise Also on XX/XX/XXXX XXXX, I was unable to call out of my XXXX Phone service nor was I able to text. I had a dentist appointment. Upon arrival, I asked the secretary to phone me. She said my phone number rang straight to voice mail but my actual phone in my hand did not register the call nor did it ring. At that point, I understood something suspicious had occurred I checked my accounts at the dentist office. I received an email notification from Chase that the wire transfer for XXXX was successfully completed. I was shocked. I phoned in my claim and headed straight to the bank. After the bank, I headed to XXXX. I phoned their fraud department but was told I had to go into a local store with two forms of identification since my pin was changed and they could no longer verify me via phone. XXXX reviewed my account and determined an electronic sim card swap was made on XX/XX/XXXX, which allowed fraudsters to take control of my phone number, take my phone off XXXX XXXX system, load my number onto a sim card and then intercept the call from Chase. I was at XXXX for 3 hours. \n\nThis is a highly sophisticated 2-part fraud scheme that targets Chase Customers . Chase 's current methods of security and level of expertise of their fraud specialist is not at the level to prevent this, even on a basic level due to multiple inadequacies that include personnel and highly, specialized technology to complete fraud. In my case, I claim that Chase could have used more care, ordinary care based on red flags to prevent this. My experience with its claim specialists and reviewing their actions on my case suggest to me reasonable evidence of unskilled labor and failure to use ordinary good judgement in this fraud case. \n\nClaim Department The first representative who took my claim was outsourced from a XXXX. He yelled at me for not listening when I asked for clarification, and continued to say \" You authorized this wire ''. We had a tense discussion as I would not back down that I did not authorize this claim. The entire process was frustrating and scary. He did not offer to do a rapid recall. I asked if we could get the money back. He said no. I requested to speak to another agent. He transferred me. She seemed more professional but then her line was disconnected. I went to the bank to close my checking accounts and to confirm my claim. The second claim representative informed me the first specialist did not open it correctly so it was not opened at all. She also said a rapid recall was not possible. So far I have been in the phone with Chase since XXXX. I left the bank 3 hours later. The resulting 10 out of the 12 representatives I spoke to were outsourced from the XXXX or XXXX. It took at least 45-60 minutes to get in to the claim department. It was incredible difficult to understand the agents and their knowledge about handling the claim, what I should do, what I could do was limited to none. I went in every week since XX/XX/XXXX and reviewed details. Every week there were outrageous errors. I spent at least 3 hours per week at the bank from XX/XX/XXXX to XX/XX/XXXX. I filed a complaint w/Chase to how they were handling my claim. At every juncture they frustrated not help my attempts to recover my funds. I filled out the forgery packet and provided multiple pieces of information. 10 days later there was no response. The 4th time I went to the bank, Chase had processed the claim for XXXX and not XXXX. I had to wait another 10 days to get a response and for them to correct or get in order their documentation. A private banker at Chase was witness to all of my phone calls. He also was upset and embarrassed with all of the mistakes. \n\nLastly, I recalled that I had received several texts from Chase the week prior. One regarded if I made a purchase and to indicate y/n. The other resulting Chase texts were to update my accounts on-line. I used the text update my account. I went to Chase and updated my information. I monitored my accounts for daily afterward. There was no suspicious behavior. In filling out the affidavit and speaking with the claim reps, they said Chase would never ask to update information via text. I informed them the website was a Chase website. It was exactly what Chase 's website looked like. I inspected it. There was nothing that indicate it was not Chase or a scam. I logged in etc. Following these discussions with Chase, I now conclude that this website may not have been chase. I disclosed this information to Chase. I also disclosed that my phone was compromised. \n\nXX/XX/XXXX Chase responded with an email that I did not take the appropriate steps to protect my account against fraud. I counter and say, Chase is did not do enough to inform me that fraud may have been happening to my account, and in general Chase is not doing enough to inform customers that fraudsters are specifically targeting to Chase and Wire Fraud since it is an easy, on-line service scammers can hack into given Chases limited stop to this. Chase is able to send offer letters to customers to encourage them to use their financial products. Chase needs to send out more notifications to your home address encouraging you to be more on alert to being specifically targeted as a Chase customer. Chase also does not disclose that likely 80 % of their workforce in Claim and Fraud representatives are outsourced at this time and representatives are not prepared to handle complex, documentation. Outsourcing would not be problematic if the outsourced workers were skilled and highly trained and to take well-documented notes and details in English. This is not the case. They are not. There were multiple errors in my claim and when phoning in. I have the private banker as a witness. The specialists I spoke with all appeared to have basic, entry-level skills vocabulary and grammar. I am a XXXX  XXXX and XXXX XXXX. I am licensed. It was clear the language capabilities and/or receptive language of the specialists I spoke with were not especially adequate to document complex internet economical criminal behavior I reported. Chase also does not disclosing the amount of errors on their part that adversely impacts the victim/customer in advocating for oneself and recovering their money. Chase did not care at all that I was unable to pay my bills, my mortgage, that I am new homeowner or that I banked with them for over 15 years without any prior incident. I also felt discrimination on the basis of gender and race. I was unable to show any type of anger or raise voice as this quickly lead to ending the call. The private banker was male. He was able to serve as an intermediate communication person. He was also proactive of his job and I could not strongly ask him to put himself in jeopardy. However, I felt great humiliation and blame firstly for not being able to fully speak for myself, and secondly for the amount of liability the bank was assessing to me saying I should have known. There were no discussions of liability or any acknowledgement of Chase 's response to not stopping the wire transfer in light of the suspicious behavior. There was no discussion to how I should have known when they themselves did not use ordinary, basic care. Is the customer supposed to police the Banks resources? Is the customer supposed to know beyond a shadow of a doubt that a website may be false when it is identical to Chases? The answer is no. This is not possible. I never imagined Chase would not help me in a case of unauthorized payment. Nor did I ever think Chase would NOT stop a payment with so many red-flags. \nBoth Chase and I were victims of a highly, complex fraud operation that is beyond their highly-trained or ordinarily-trained representatives to prevent. I had never heard of an electronic sim card swap. With every other person I spoke to about this in my claim, they had not either. Including, private banker. It was equally difficult to explain this to the claim specialists with varying levels of English proficiency and fraud expertise answering my calls. \nIn my XXXX Privacy notice for this checking account from Chase under Accounts Alerts and Text banking Chase indicates it may contact customers using telephone number, email, and/or other delivery points so they can inform you about your accounts. There is no mention that I will be held 100 % liable if I am scammed. The XXXX disclosures, more fully explain this and have several expanded entries or wire-fraud. This was not included in my XXXX disclosure, when the bank changed my checking accounts from Chase Total Checking to Chase Premier.\n\nChase clearly says they can refuse to authorize a transaction where they reasonably believe there may be fraudulent, suspicious or illegal activity. I state that Chase did not use reasonable or ordinary care to do this, which would have secured this money in both our interests. Chase is a bank and employ fraud experts. To suggest a customer would have more experience and knowledge than the very experts hired and trained by Chase to intercept fraud is ludicrous, irresponsible, and absolves Chase of any responsibility of their own use ordinary care or in instances when Chase could have prevented this. Ordinary care for the largest bank and richest in the world, requires Chase to have a standard that is more knowledgeable than an ordinary customer. There are enough red-flags to show Chase could have prevented this. They have the authority to stop charges. \nI reported this crime less than 24 hours after it occurred. I did not benefit from this unauthorized withdraw. I did not know the recipients. This is a personal violation where the bank had the final say. This fraud has destroyed my financial security and trust in Chase. Chase response to me and it's treatment of my claim has been intimidating and stressful and has reduced me to a victim with no recourse. I vehemently disagree.\n\nThe ETA states that in ATM, credit card fraud, funds transferred by telephone, money exchanged electronically that are fraudulent, the customer is liable {$50.00} if claim is made within 2 business days and up {$500.00} if reported later and/or within 60 days. After 60 days you are not entitled to any reimbursement of your funds. Wire transfers are direct bank to bank electronic transfers. Should liability be assigned to me, then it should follow more reasonable terms. Holding me 100 % liable or XXXX liable is incredibly destructive and punitive to the customer. It is obvious to me My Pin, and telephone numbers are not enough to keep funds safe, especially given the ease to which fraudsters are able to steal your information. Chase has not proved I did not use ordinary care or justified 100 % liability. I am an intelligent person. I have 3 degrees. I am a XXXX. I review my accounts daily. I do receive notifications from Chase. I verified the site to my best ability and it appeared to be Chase, in every aspect. This is the expectation of ordinary, for a bank customer. \n\nIn the XXXX Chase disclosures sent to me when my accounts were changed by Chase, the fraud section was not are not as expansive as it is now. The new disclosures associated with my new bank accounts that I was required to open include much more explicit fraud disclosures and information. I did not have those in my booklet from XXXX, which I have now. However, the issue still stands that flatly denying customers based on being victimized by a scam, which customers are specifically targeted as Chase I am prepared to continue to appeal Chase 's denial. I will ask Chase directly to reinstate my account. I will further indicate I will proceed with further complaints and pursue Small Claims Court should Chase continue to not reimburse my account. \n\nSee attached documents. Police Department in XXXX XXXX, Ca would not take police reports for this internet fraud but had me fill out ICF 3 form instead.","date_sent_to_company":"2021-10-22T22:07:59.000Z","issue":"Fraud or scam","sub_product":"Domestic (US) money transfer","zip_code":"92124","tags":null,"has_narrative":true,"complaint_id":"4835913","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2021-10-22T21:10:05.000Z","state":"CA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["I assert that because of the ease to impersonate Chase customers for a service Chase offers and is not adequately able to <em>monitor</em>, Chase customers are at a higher <em>risk</em> of being victims of fraud by highly technical and sophisticated fraudulent individuals. \n\nChase was able send email <em>alerts</em> on my account. 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