Warren Calls Out Wells Fargo and Zelle for “Evasive” Responses about Fraud
warren.senate.gov
warren.senate.gov
She calls out scenarios where people willingly sent money to someone over Zelle themselves. This wasn’t a compromised account; it was people being conned by other individuals (think Nigerian Prince). Why should Zelle be on the hook for someone being stupid? They did exactly their job.
Should the US Mint refund me money if I gave a fraudster cash?
Update: Love the comments below folks. I get it now.
What do you think that means?
Some much for freedom of choice. We the state, decided that you can't be trusted with making decisions about who to transact with, so we mandate that you use a transfer service with arbitration/escrow so you won't be financially harmed. It doesn't matter if you're sending money to a landlord that you lived at for a few years, or splitting a restaurant bill with friends. You must use a transfer service with this service provided, and pay the 1% fee used to fund such a scheme (note this is actually less than credit card interchange, which is around 2-3%).
You say this like these regulations magically just appeared fully formed from the head of Zeus ...
These regulations exists precisely because the fraud was rampant enough that it became a sufficient threat that people would quit using the financial system altogether.
Zelle, on the other hand, will not reverse a payment if you get the phone number wrong.
At the end of the day the banks need to balance their books. So if an ACH needs to be corrected, they figure out what went wrong and hash it out with the other bank.
I’ve had unexpected deposits show up in my account and then be removed days later. Likely someone fat fingered an account number.
But the system works because all the banks have an incentive to make it work and a requirement their books individually balance.
But you’re right. Unless it’s a bank’s mistake or obvious fraud where the bank played a roll, they generally aren’t interested in reversing ACH transfers over consumer issues.
A person should not be able to create an account, commit fraud, and run away with the proceeds. A bank is responsible for flagging suspicious transactions especially for new accounts… making them hold the bag when there is fraud means they will be motivated to accurately judge risk and refuse transactions when it is high.
Alternative demand money back from a completely fine product and delivery.
With too much consumer protection friendly fraud goes up easily. People will scam the system other way around.
If you want consumer protection, either pay by credit card or use another service.
When I make a Zelle transfer I get a big warning (and a box I have to check) which says "You can't reverse this transfer once complete".
It's like complaining Amazon doesn't sell airline tickets. Of course not, they never intended to sell airline tickets.
Except I would like to be able to use my own money, please
>"A person should not be able to create an account, commit fraud, and run away with the proceeds."
Well this is what we have a criminal justice system for.
Plenty of people complain about the delay in sending cash digitally. Or Paypal siding with a buyer and the seller having their cash pulled back automatically because the buyer lied and said they never got it. Or money being tied up for months as resolutions to disagreements are verified.
Either you accept a bunch of controls to reduce fraud (and all the complexity and delay that goes along with it) or you get instant, irreversible payment transfers.
Your choice.
Why doesn't the government just do their job and catch and prosecute criminals?
If you want to reduce crime, ask the government to do one of its other jobs: Provide a stable foundation for every member of the country, so that they don't have to fear being left destitute if they can't get someone richer to agree to support them (in exchange for labor).
This will make an immediate difference to many (those who are committing crimes purely because they can't otherwise survive), and will, within a few generations, eliminate many other categories of criminals—those whom the current system has failed, and whose criminality has to do with finding a different kind of dignity, or sticking it to the man, or just joining the criminal economy as an alternative to the one that dropped them through its gaping cracks.
I know it's wrong to be biased towards mainstream thinking, but it is fair to ask for sources for statements like that.
You could make really a really compelling argument that the US is better thought of as a more economically advanced Brazil rather than a more violent Germany. It seems clear to me that we have a constitutional amendment providing for a right to bare arms precisely because we emerged as a fractious collection of former colonies after armed struggle against England.
I think you could potentially observe a microcosm of this effect when comparing speed cameras to police officers with radar guns. People hate the speed camera tickets and fight vehemently to have the cameras removed. I've seen a lot of pictures of smashed speed cameras as well. Much less hate is directed at actual police cars pulling people over; maybe I'm reading the wrong forums, but I've literally never heard anyone say "we shouldn't have speeding tickets anymore". The chance of talking a human out of the consequences of your actions makes people feel comfy; a robot that issues you a fine whenever you speed is really scary, though, because you know you speed from time to time with a good reason.
(Sure, there can be other effects. You don't want a database of your location to exist. You had a good reason for speeding; there was a tornado chasing you and your partner went into labor and you were driving to the nearest hospital. And, the police officers will shoot you if you smash their car as a speeding enforcement protest. So maybe these confounding factors make my comparison irrelevant. I think it's interesting to think about, nonetheless.)
The US incarcerates a lot because we have a lot more crime compared to other wealthy countries. The US has the same homicide rate as Argentina, about 5 per 100,000. That's a decent proxy for the overall size of our criminal class. In many cases, Argentina is a good proxy for the U.S. -- a formerly wealthy nation that has declined, suffers from corruption, and has quite comparable demographics and income distribution to the U.S. (although a lower level of absolute income).
The US incarcerates 3.5x more people than Argentina, which drives the robbery rate to be about 1/10 that of Argentina. We can see what happens when some localities like SF or CA decide not to prosecute non-violent crime -- you get an explosion of robberies. So poorer nations like Argentina that also have a large criminal class end up just forced to tolerate higher levels of robbery.
Whereas nations that don't have such a large criminal class - be they wealthy like Japan, middle income like Vietnam or poor like Bangladesh -- simply don't need to make a decision to warehouse so many people or face an explosion of crime.
Unfortunately the US does need to deal with this and make some tough choices. Either we go the Argentina route and only incarcerate the most violent offenders -- basically taking the SF approach nationwide -- or we pay for a carceral state to warehouse our criminals. When you go the Argentina route, you get a lot of walled compounds, armed guards, as the wealthy have to spend money on personal security while the middle class and poor are just robbed a lot more.
But pretending that we arrest people for no reason at all, and that this does not result in lower crime rates -- I think this is an inaccurate description of the trade offs. There are real trade offs here.
It does not seem entirely intuitive to me that mass incarceration would drive down crime rates in the long run. Prisons are themselves maladaptive institutions that are harmful to most inmates and indeed are certainly hardening people who could otherwise have been steered in a more productive direction. There is also the fact that taking people out of their families and communities has terrible downstream effects that get passed on to the next generation, causing the cycle to continue.
Also, you say we don't arrest people for no reason, but there are a lot of people in prison who did not commit the crimes they were convicted of. Probably not a majority but I'll bet it's a non negligible minority. How would you feel about a society that locked you up in brutal conditions for something you didn't even do? What about people locked up for drug possession with the same people locked up for violent crimes? Does that make any sense?
Personally I think we are at an inflection point. What we have been doing in the US is not working. The illusion that we can maintain increasing levels of inequality by just locking up more and more people is fading fast. This problem can't be solved long term with more incarceration. I am not convinced that the people you've characterized as the "criminal class" are inherently so. It's also dehumanizing to describe them in this way. Many, if not most, are reacting to difficult situations bordering on the impossible. That's not to be pollyanna and pretend that there aren't some very dangerous people locked up. This is a very difficult problem.
We obviously aren't going to just empty our prisons tomorrow. But we should all be thinking about what kind of society we want to live in and how we might make progress towards that vision. In many ways, even wealthy America is already beginning to feel like a luxury penal colony. The existence of the brutal penal colonies distracts us from that fact.
I want safer cities and communities than what we presently have, but I don't believe that our current incarceration system is effectively getting us there, even if it looks somewhat effective compared to Argentina. Even then though, I ask at what cost? Do "criminals" not matter at all? I think they do, even if they have committed crimes.
If you actually believe that there is a large class of people who are inherently worse than others, you should really think through what the implications might be.
Why would this be wrong?
Your argument is that people on craiglist won't be scamming if they had a job? I'm sure that's true in the sense that there exists some people that fit the category, but how much % of criminals does that account for? I searched up some figures[1] and your theory doesn't appear to hold water. US has around the same property crime rate as columbia and vietnam, but I doubt anyone thinks that those two countries do a better job at providing "a stable foundation for every member of the country".
[1] https://www.nationmaster.com/country-info/stats/Crime/Percei...
Don't get me wrong, doing certain other things may also help reduce crime, but it is not the only way to reduce crime.
They could certainly get a regular job like most of America, but they'd rather make easy money.
More social services ain't gonna fix that.
I realize I forgot to actually put that in the GP, though. Sorry about the lack of clarity.
Using UBI as an argument to eliminate theft crime is like paying terrorists, it doesn't work in the long run; you only end up funding a future, more effective terrorist or criminal who will demand more and more.
Citation required.
Show evidence a population exists, anything close to as large as you're intimating ("lower class" as you called it), that actually wants a "low barely livable wage"?
This is may be true in the case of things like street level drug sales but most of these scams are perpetuated by people in other countries using bank accounts ("drops") set up with stolen American identities. America can't really influence social policy in Nigeria or India or Russia on the scale you are talking about. The scammers only need one success every couple months to make the average salary in their country and the smarter ones are making hundreds of thousands of dollars.
This happens all the time with credit card chargebacks already. It would happen with Zelle too, if it was easy enough.
Warren here is fighting for people aren't that smart when it comes to using tech to send money.
I wonder if Warren is trying to intentionally accomplish that?
1. subject had a bank account with the ability to link to Zelle
2. subject turned on Zelle to receive money from a family member
3. several high dollar Zelle transactions were made - subject claims that they were at home with covid and no one had access to her phone
4. she calls bank to cancel transactions, bank refunds money
5. bank investigates and claims face id and her IP address was used and takes refunds back
6. subject takes bank and zelle to court
7. Zelle says: we are just a middleman - not our responsibility
8. bank claims that it can't investigate where the money went because it was instant transferred
9. banks settles for some of the money
Conclusion? If you have to use Zelle or Venmo, attach it to a bank account with limited funds in it.
They really couldn't, or their policies didn't allow handing out information without a subpoena? Given KYC laws, I'm sure that every financial institution involved probably has the records somewhere. As for the policy itself, I'm not so sure whether zelle refusing to hand over recipient information is a bad thing. If I'm selling something on facebook marketplace, I wouldn't want my counterparty to get my dox just because they cried foul. I'd want a judge to examine the request before zelle hands over my info.
Pros and cons. The consumer is at risk, well don’t be an idiot consumer. No different than giving someone cash and them running away.
Zelle is implemented in a confusing way that's begging for fraud.
This is BoA’s page on Zelle, and it seems very clear to me:
https://www.bankofamerica.com/online-banking/mobile-and-onli...
Wells Fargo’s is similar.
https://www.wellsfargo.com/online-banking/zelle/
Wells Fargo FAQ:
> What protections do I have when I use Zelle®?
>You are protected in the unlikely event an unauthorized user accesses your consumer accounts and initiates payments using Wells Fargo Online or Wells Fargo Mobile.
>However, because Zelle® is intended to replace instances where cash and checks are being exchanged, you do not have the same protections associated with a credit card or a debit card transaction, such as the ability to dispute purchase transactions. Once you send money with Zelle®, you cannot cancel the payment if your recipient has already enrolled. Neither Wells Fargo nor Zelle® offers a protection program for any authorized payments made with Zelle® – for example, if you do not receive the item you paid for or the item is not as described or as you expected.
>We recommend you only send money to known and trusted recipients when using Zelle®.
The worst aspect is that scammers can send you money that does bounce back (because it was an unauthorized transfer from another victim, the one scenario in which they'll reverse transactions), but your money doesn't bounce back because it was authorized.
I asked my bank if it could be reversed. They said no, but I could return it to the sender by initiating a new Zelle transfer. The transaction only showed the sender's name; I asked my bank if they could provide me with a Zelle address, and they said no, I needed to ask the sender for that information.
This was obviously impossible and the whole situation smelled fishy. I let it sit for a few days, and got an email from someone with the same name, asking for their $500 back. It was a lot of money to them, they made a mistake, and their bank wasn't helping them recover it at all. I couldn't decide if it was a scam or not. I ended up sending $500 to the address I received the email from. They thanked me profusely, and I never heard about it again.
As if that's not largely how it still works today? :sad-face:
If you are being a bad party and failing to submit transactions on time so that you can collect a bit of extra interest, you are going to get a very large hammer brought down on you.
A few days after this email, I got a frantic call from my Mom saying that someone stole $5000 out of her bank account, and the bank won't reverse the transaction. It turned out that someone called her claiming to be some antivirus software provider, convinced her to share her screen, and transferred out a chunk of money with Zelle. The email I got, and her bank, both warned that it was irreversible. And thus far, it seems unable to be reversed.
To me, this violates a fundamental assumption of banking. If someone takes your money without your consent, you typically have recourse through customer service (often works) and the legal system (almost always works, but costly). This fundamental assumption was thrown away overnight without informing anyone about it. One day, you log into your bank and maybe you can pay a bill to a known physical address. The next day, people in other countries can drain your entire bank account. It's kind of a shock; no 2FA rollout, no way to opt out, just a ticking time bomb that came out of nowhere. My bank has it; nobody ever told me about it.
My takeaway is that people aren't really ready for irreversible bank transactions. They have literally no way to understand what that even means. Sure, there's crypto, but most cryptocurrency users are pretty technical, and knew they were entering untested waters, and did so with extensive education. It has simply never been a thing in the "traditional" financial world.
The problem here, then, is that people don't associate things like "screen sharing" with taking money. They have had weird charges on their credit card before, and in those cases, called their bank and the charges were instantly forgiven. So they protect their computer with that level of security; "if I allow this screenshare, I might get a virus or worst case, something bad might happen and I'll have to make a call to my bank within 6 months after reviewing my statement". Zelle moved the goalposts; if someone uses your unlocked workstation or guesses your 4 character password, all your money is gone with no legal repercussions.
I think this is maybe fine if you opt in to be an early adopter, or your bank rolls out crypto-like payments with the requirement that you enable 2FA and have a 239847 character password every time you transfer money, but it doesn't seem like they did any of that. They just turned a safe system into an unsafe system while nobody was watching. Congress should look into that; the implementation was botched and innocent people were hurt.
(I shouldn't have to say this, but people being scammed aren't idiots. My Mom has a PhD and has written multiple scientific papers. She is a little too trusting of people claiming to help with computers and honestly doesn't understand the computery world. But I blame us, the people that make those systems and that software, not her. Ordinary people just want to send email and pay some bills in between their lives real demands. We have fucked it up severely, and the banks did a particularly bad job here. Windows Hello asking "Enter your PIN" before sending money would have stopped the screenshare attack. There's more security required to look at my Grafana dashboard that shows the humidity level of my 3D printing filament than there is around stealing $5000. That's egregiously irresponsible, and victim blaming isn't going to do anything other than ensure that the field of software dies.)
Zelle favors the receiver, which is convenient in some scenarios like sending to a family member on a whim.
If you want sender protection, use a credit card. With the restriction that KYC/merchant rules apply to the receiver, restricting supply.
Yes. Which is why I won't use Zelle or PayPal with an account connection.
A friend runs a bank branch. She had four clients in one day who'd been scammed. Some despite SMS 2FA. Someone had convinced a cellular provider to issue them a new SIM card for an existing number.
>without your consent
>people aren't really ready for irreversible bank transactions. They have literally no way to understand what that even means
Normal bank wire transfers are irreversible. At certain age family should take care of their oldest and take away their ability to harm themselves. Car keys is another example, especially in countries with no oversite over senior drivers (hello CA where you can renew online while 70 and legally blind & bed bound).
This isn’t Europe where excuses like “the EMV chip says the transaction was valid, so it must be valid” supposedly fly. Reg E has no carveout for “well, we put really expensive locks in the door, but the bad guy came in the window.”
Duped users are victims of fraud.
When someone opens an account in one's name, that's fraud on the bank, and the bank needs to pay for it until squeezing it from the scammer. When someone convinces one to send them money under false pretenses, that's on one and one needs to pay for it until squeezing it from the scammer.
Sent one message on CFPB website describing my problem, and the next day I got a call from a “VP” at PNC letting me know my issue was resolved.
A simple matter that could have been solved if PNC had intended their customer service agents to actually solve my problem, but I assume was left unaddressed because transferring funds out is not of any benefit to PNC.
I finally called the California PUC. They routed my call to Sprint's Executive service line and 5 minutes later I was free from the contract and got to keep my phone. Without a body like the PUC the power is entirely in the hands of the big corporations. The cost (in time and/or money) for me to fight Sprint legally is going to be more than the contract was worth but it's still something. I'm sure that's all part of their calculus.
https://www.whitecase.com/insight-alert/us-supreme-court-rul...
I want to add a rule to Senate/House committee procedures that you can't say a damn thing that isn't followed up with action. Their job is to VOTE on shit, not give their opinion.
When governments' motto became "too big to fail," they lost every right. And they signaled even banks not doing it, that it is a good idea to do so.
HSBC offered money laundering directly to mexican drug cartels and was fined 1.9 billion dollars.
https://www.investopedia.com/stock-analysis/2013/investing-n...