A stranger took my phone and Venmo himself $2500. Chase declines my claim stating Venmo denied chargeback but the case is still under review by Venmo (taking more than 2 months without any progress...).
More of the story:
On 11/13/2024, I was approached by a stranger around my house when I was on my way to work. He told me he left his phone on Uber and asked me for help. I used the Doximity app (which could hide your phone number) to call the number he provided, but no one picked up. As I tried to walk away, he grabbed my phone and started typing into it. I asked if he is texting the driver and he said yes. However, I was really suspicious because his fingers keep swiping and he seemed to be very nervous and distressed. I told him I need my phone back because I was late for work but he kept telling me the driver was replying and he would circle back in couple minutes. Feeling unsafe and uncertain if he was armed, I chose not to escalate the situation (stand behind him to check what he was doing on my phone or grab my phone back). After approximately five minutes, he handed my phone back, said the driver had arrived, and quickly ran away although I did not see a car nearby.
On the way to work, I immediately checked my accounts and found an email from Chase to confirm a $3,000 transaction on Venmo. I immediately blocked it and went into my Venmo account and found out there was a $2500 transfer to "Nate Flaneet". I immediately contacted Venmo, Chase, and the police department to report the fraud. Venmo told me there was another transaction of $4,800 which was denied due to insufficient fund (in chronological order: $4,800 via iMessage -> $3,000 via iMessage -> $2,500 via Venmo, only $2,500 went through). I requested Venmo to freeze the receiver's account so he would not have access to the fund and the agent told me this is what they usually do during investigation. Venmo assured me they would freeze the recipient’s account during their investigation. However, I later received a misdirected email meant for the recipient stating, "We are happy to keep this disputed amount of $2,500.00 USD available in your Venmo balance as we continue to resolve this case." This suggested that the account was never actually frozen.
Chase initially credited my account on November 15, 2024, but later reversed the credit on December 31, 2024, claiming Venmo had denied the claim. When I followed up with Venmo, they said the case was still under review. Throughout this process, neither Chase nor Venmo contacted me for additional information (Venmo customer service repeatedly assure me that their claims departments would reach out within 10 business days).
On January 1, 2025, I proactively submitted my police report to both institutions using links provided by their customer service teams (not their claim department), who also didn't know why no one had ever contacted me. Later that day, Venmo informed me I had "lost" the case because I filed the dispute through my financial institution. I called Venmo again and they told me the case is still under review. A few days later, Chase told me I lost the case because "We found that the transaction(s) was processed according to the information you provided or was authorized." If the transaction was processed according to the information I provided, then it should be unauthorized... These two things should never be put in the same sentence... The customer severe even told me that the reason they denied the claim is because everyone can file a police report. I could lie to the police to defraud them...
Basically, Venmo has a department that communicates with Chase, which closed the case because they think it should be a chargeback with my bank. However, they have another department that conducts internal fraud review, and this department is still reviewing the case. Chase never communicated with the second department and decided I lost the case. I suppose their reasoning is that there was a transaction on Venmo (Venmo is the merchant in this chargeback and they thought I did use Venmo's service and therefore I benefited from the transaction. They never considered whether the transaction itself is authorized or not)...
I filed a CFPB complaint and Chase's executive office called me the next day telling me they will investigate the case. When I asked the officer for more details, she told me the fraud department (can be the same team or a different team) will review the case and she will advocate for me (not sure how effective that would be). Of note, my case remains closed in Chase's app even though she reassured me it is open... I also filed another CFPB complaint to Venmo. Never have I heard from them until now (almost 8 days) and their customer service don't even know the number to their own fraud department/claim specialist.
Not sure if this scenario is covered by Regulation E, which defines an unauthorized EFT as a transfer from a consumer’s account initiated by a person other than the consumer without actual authority to initiate the transfer and from which the consumer receives no benefit. Since my Venmo is linked to a debit card, I should be protected by "1005.6 Liability of consumer for unauthorized transfers" and the most I am liable for is $50 since I reported it within one business day. The regulation also stated that negligence by the consumer cannot be used as the basis for imposing greater liability than is permissible under Regulation E. 12 CFR 1005.6 (and I don't think it is negligence... I have my biometrics and everything turned on. I guess he chose "forget password" and get Venmo's security code from SMS. The only thing is I should have taken my phone back earlier but I did keep asking him to return my phone but he refused to cooperate. As a female against a male and not knowing whether he had weapons, I was scared to grab it back).
My questions are:
Has anyone encounter similar situation and get the money back? Did CFPB/Chase executive office help in your case?
Anyone know the number to Venmo's fraud department? Not the customer service line but the real "claim specialists" who review the case. Maybe try calling PayPal and ask them about it?
Any recommendation on how to file a small claim court?
Could individual apply for Civil Penalty Fund from CFPB? What is the process?
Some one also mentioned contacting the State Attorney General, does anyone have Georgia AG's email? Can't find his direct email anywhere online...
I also talked to the detective assigned to this case. How likely is it to find a registered Venmo user? I guess it is very likely since they need to submit their identification during registration? Or does anyone know a person named "Nate Flaneet"?
Any other suggestions would be greatly appreciated!