In response to the complaint filed by [redacted] on February 14, 2015, ID #[redacted], please reviewcomments noted below.[redacted] filed an Affidavit of Forgery at TruPoint Bank on February 2, 2015, and a police report wasfiled on February 1,2015 for multiple checks presented for payment at...
TruPoint Bank and [redacted].The individual referred to as the "thief" in the complaint has been identified as a family member living inthe home with Ms. [redacted], at the time each fraudulent incident occurred.Fraudulent checks were presented for payment on the account in question, and were returned for non-sufficientfunds at a fee of $25 per item. Non-sufficient funds fees are reviewed with all consumers atthe time of account opening. In addition, non-sufficient funds notices are mailed to the account holderfor each occurrence, including details of charges and items presented for payment. In addition, non-sufficientfunds charges and items presented for payment are documented on the customer's statementof account provided monthly.Statements of account history are provided to allow customers the opportunity to monitor theiraccounts for fraudulent activity. TruPoint Bank does not assume liability for monitoring account activityfor fraudulent payee or fraudulent signature; the account holder is responsible for monitoring their ownaccount to detect fraudulent activity and promptly notify the bank. According to the UniformCommercial Code 4406, (a), the customer must exercise reasonable promptness in examining thestatement or the items to determine whether any payment was not authorized because of an alterationof on item or because o purported signature by or on behalf of the customer was not authorized. If,based on the statement or items provided, the customer should reasonably have discovered theunauthorized payment; the customer must promptly notify the bank of the relevant facts.In addition, per TruPoint Banks account agreement:You must examine your statement of account with reasonable promptness. If youdiscover (or reasonably should have discovered) any unauthorized signatures or alterations, youmust promptly notify us of the relevant facts. As between you and us, if you fail to do either ofthese duties, you will have to either share the loss with us, or bear the loss entirely yourself(depending on whether we used ordinary core and, if not, whether we substantially contributedto the loss). The loss could be not only with respect to items on the statement but other itemswith unauthorized signatures or alterations by the same wrongdoer.You agree that the time you have to examine your statement and report to us willdepend on the circumstances, but will not, in any circumstance, exceed a total of 30 days fromwhen the statement is first sent or made available to you.You further agree that if you fail to report any unauthorized signatures, alterations,forgeries, or any other errors in your account within 60 days of when we first send or make thestatement available, you cannot assert a claim against us on any items in that statement, and asbetween you and us the loss with be entirely yours. This 60-day limitation is without regard towhether we used ordinary care. The limitation in this paragraph is in addition to that containedin the first paragraph of this section.TruPoint Bank has gone above and beyond what is required to assist Ms. [redacted] with this situation. Allnon-sufficient funds fees were refunded to Ms. [redacted] within six calendar days of the Affidavit, eventhough the reports were filed well after the 60 day required notice. In addition, all items that could bereturned via the Federal Reserve payment system for forgery have been returned and credited back tothe account in question. As of February 11, 2015, TruPoint Bank has refunded $619.77 to Ms. [redacted],largely at the expense of the bank. The items disputed that have not been refunded to Ms. [redacted], wereprocessed more than 60 days prior to the notice of forgery given to TruPoint Bank, and cannot bereturned to the bank of first deposit for forgery.Regards,[redacted]Regional Executive
In response to the complaint filed by [redacted] on February 14, 2015, ID #[redacted], please reviewcomments noted below.[redacted] filed an Affidavit of Forgery at TruPoint Bank on February 2, 2015, and a police report wasfiled on February 1,2015 for multiple checks presented for payment at...
TruPoint Bank and [redacted].The individual referred to as the "thief" in the complaint has been identified as a family member living inthe home with Ms. [redacted], at the time each fraudulent incident occurred.Fraudulent checks were presented for payment on the account in question, and were returned for non-sufficientfunds at a fee of $25 per item. Non-sufficient funds fees are reviewed with all consumers atthe time of account opening. In addition, non-sufficient funds notices are mailed to the account holderfor each occurrence, including details of charges and items presented for payment. In addition, non-sufficientfunds charges and items presented for payment are documented on the customer's statementof account provided monthly.Statements of account history are provided to allow customers the opportunity to monitor theiraccounts for fraudulent activity. TruPoint Bank does not assume liability for monitoring account activityfor fraudulent payee or fraudulent signature; the account holder is responsible for monitoring their ownaccount to detect fraudulent activity and promptly notify the bank. According to the UniformCommercial Code 4406, (a), the customer must exercise reasonable promptness in examining thestatement or the items to determine whether any payment was not authorized because of an alterationof on item or because o purported signature by or on behalf of the customer was not authorized. If,based on the statement or items provided, the customer should reasonably have discovered theunauthorized payment; the customer must promptly notify the bank of the relevant facts.In addition, per TruPoint Banks account agreement:You must examine your statement of account with reasonable promptness. If youdiscover (or reasonably should have discovered) any unauthorized signatures or alterations, youmust promptly notify us of the relevant facts. As between you and us, if you fail to do either ofthese duties, you will have to either share the loss with us, or bear the loss entirely yourself(depending on whether we used ordinary core and, if not, whether we substantially contributedto the loss). The loss could be not only with respect to items on the statement but other itemswith unauthorized signatures or alterations by the same wrongdoer.You agree that the time you have to examine your statement and report to us willdepend on the circumstances, but will not, in any circumstance, exceed a total of 30 days fromwhen the statement is first sent or made available to you.You further agree that if you fail to report any unauthorized signatures, alterations,forgeries, or any other errors in your account within 60 days of when we first send or make thestatement available, you cannot assert a claim against us on any items in that statement, and asbetween you and us the loss with be entirely yours. This 60-day limitation is without regard towhether we used ordinary care. The limitation in this paragraph is in addition to that containedin the first paragraph of this section.TruPoint Bank has gone above and beyond what is required to assist Ms. [redacted] with this situation. Allnon-sufficient funds fees were refunded to Ms. [redacted] within six calendar days of the Affidavit, eventhough the reports were filed well after the 60 day required notice. In addition, all items that could bereturned via the Federal Reserve payment system for forgery have been returned and credited back tothe account in question. As of February 11, 2015, TruPoint Bank has refunded $619.77 to Ms. [redacted],largely at the expense of the bank. The items disputed that have not been refunded to Ms. [redacted], wereprocessed more than 60 days prior to the notice of forgery given to TruPoint Bank, and cannot bereturned to the bank of first deposit for forgery.Regards,[redacted]Regional Executive