ComplaintsforEarthmover Credit Union

• Initial Complaint

  09/03/2024

  Complaint Type:

  Product Issues

  Status:

  Resolved

  More info

  We first applied for a HELOC with Earthmovers Credit Union on July 26, 2024, and we received an email from ***************************. After they ran our credit reports and I provided the requested documents we were then advised by email on August 6th that we had been conditionally approved for $115K conditional on appraised value. In that same email communication the debt that would need to be paid at closing was listed and we were advised that we needed to obtain an appraisal which cost $425 which was due upfront by us. We made the funds available on August 7th and the appraisal was ordered.On August 19th ******************* of DEW Appraisals came out and appraised our home. A week later on August 26th we received an email from *************************** advising appraisal has been reviewed and Earthmover cannot proceed as there is insufficient equity available to pay off debts. Although after reviewing the appraisal we strongly felt that the comps used to determine our home's value were not true comparables we thought the denial email was appropriate based on the value noted in the appraisal.But on August 27th, we received the adverse action notice which was actually dated August 20th. It was then that we realized we had actually been subjected to deceptive business practices by Earthmover Credit Union. The adverse action notice showed the following reasons for denial:- Excessive obligations in relation to income - Excessive unsecured debt - Value or type of collateral not sufficient Since our credit was ran on July 26th and they saw all of our obligations as well as our unsecured debt it seems that we should have been advised then that we couldn't be approved. But instead ******* still requested that we pay $425 so their partner, DEW Appraisals, could come out and provide a lowball appraisal. We feel as though they requested this appraisal under false pretenses and deceptive business practices. And because of that we are requesting that our $425 be refunded immediately.

  Business response

  09/04/2024

  Pursuant to *********************** ****** Act and 10CFR1016, we can neither confirm or deny that the person noted is a member of Earthmover Credit Union; and we cannot respond to any other statement in your letter. If the person is a member of our credit union, we will respond to them directly as required by applicable laws. Please reach out to us directly at ************** with any further questions or comments regarding this matter. 

  Customer response

  09/06/2024

   
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory as a result of a call I received on 9/5/2024 from *********************** with Earthmovers Credit Union.  **** advised that the $425 that we paid for the appraisal was being refunded to us.  In addition, we discussed the entire transaction and how the discrepancy and timing between the appraisal, denial email and the adverse action notice lead to our complaint.  Although **** provided an explanation of the process from Earthmover's position and wanted us to know that they were not trying to be deceptive she also acknowledged how the entire process was received by my husband and I.  **** also acknowledged that the decision to not move forward should have been communicated to us with 24 to 48 hours and that she would address the fact that we were not advised for a week.  In the end, the refund was placed into our Earthmover Credit Union account on 9/5/2024 and we are satisfied with this resolution.
  
  Sincerely,
  
  *************************

• Initial Complaint

  04/30/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  I filed a police report for residential burglary. The person took my bank card and emptied my account.**** refuses to reverse charges.

  Business response

  05/14/2024

  Pursuant to *********************** ****** Act and 10CFR1016, we can neither confirm or deny that the person noted is a member of Earthmover Credit Union; and we cannot respond to any other statement in your letter. If the person is a member of our credit union, we will respond to them directly as required by applicable laws. Please reach out to us directly at ************** with any further questions or comments regarding this matter. 

• Initial Complaint

  05/01/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  SEE REPORT DOCS. (This case has also been sent to various federal and state agencies for investigation.)

  Business response

  05/01/2023

  Pursuant to *********************** ****** Act and 10CFR1016, we can neither confirm or deny that the person noted is a member of Earthmover Credit Union; and we cannot respond to any other statement in your letter. If the person is a member of our credit union, we will respond to them directly as required by applicable laws.

  Customer response

  05/03/2023

   
  Complaint: 20003447
  
  I am rejecting this response because: The institution is placing the totality of my complaint under a statute and neglecting the various complaints herein that include but not limited to:
  Employee fraud/bribery, account security, institutional integrity, NCUA regulations and more.
  There is sufficient evidence as well as probable cause for investigation of employee(s), (current and former) that support collusion and tampering with accounts noted within this complaint. The employees have failed to secure Patricias account as well as ensure the security and confidentiality of member records by various forms of breach to include unauthorized access.
  The institution has placed a PayPal chargeback on an account that involves a deceased member of their institution, without the account holders authorization but on behalf of *********************, the decadence sister and former employee of this institution. The chargeback needs to be removed.
  
  In pursuant to NCUA 12 CFR Section *****:
  Each federally insured credit union will;
  Develop a written security program within 90 days of the effective date of insurance.
  Designed to protect each credit union office from robberies, burglaries, larcenies, and embezzlement;
  Ensure the security and confidentiality of member records,
  Protect against the anticipated threats or hazards to the security or integrity of such records,and
  Protect against unauthorized access to or use of such records that could result in substantial harm or serious inconvenience to a member;
  Respond to incidents of unauthorized access to or use of member information that could result in substantial harm or serious inconvenience to a member;
  Assist in the identification of persons who commit or attempt such actions and crimes,
  Prevent destruction of vital records as defined in 12 CFR Part 749, and
  Dispose of any consumer information the Federal credit union maintains or otherwise possesses
  
  Also pursuant to the Bank Bribery Statute 18 U.S.C. 215
  INSIDER TRANSACTIONS
  Insiders are in a position of trust and can abuse that trust for their own personal benefit. Insider
  abuses include failure to disclose their interests that borrow from the institution or otherwise have business dealings with the institution; diverting assets and income for their own use; misuse of position by approving questionable transactions for relatives, friends and/or business associates; abuse of expense accounts; acceptance of bribes and gratuities; and other questionable dealings related to
  their positions at the institution which compromises the integrity of the institution and opens it up to *** scope of inspection and investigation.
  
  
  18 U.S.C. **** Bank Fraud
  18 U.S.C. Section **** makes it a crime to defraud a bank or commit a scheme to defraud regarding the accounts of a financial institution.
  Fraud may generally be characterized as an intentional act, misstatement,or omission designed to deceive others, resulting in the victim suffering a loss or the perpetrator achieving a gain.1 Fraud is typically categorized as internal or external.
  Internal fraud occurs when a director, an employee, a former employee, or a third party engaged by the bank commits fraud, colludes to commit fraud, or otherwise enables or contributes to fraud.
  External fraud consists of first-party fraud and victim fraud. External fraud is committed by a person or entity that is not a bank employee, a former employee, or a third party engaged by the bank.
  First-party fraud occurs when an external party, including a bank customer, commits fraud against the bank.
  Victim fraud occurs when a bank customer or client is the victim of an intentional fraudulent act.
  
  
  Sincerely,
  
  *****************

  Business response

  05/08/2023

  Pursuant to *********************** ****** Act and 10CFR1016, we can neither confirm or deny that the person noted is a member of Earthmover Credit Union; and we cannot respond to any other statement in your letter. If the person is a member of our credit union, we will respond to them directly as required by applicable laws. Please reach out to ** directly at ************** with any further questions or comments regarding this matter. 

  Customer response

  05/11/2023

   
  Complaint: 20003447
  
  I am rejecting this response because:

  The institution named in this complaint has regarded the *********************** ****** Act and 10CFR1016 as compliance and acts as a substantial response to this complaint and previous allegations. This motion of securing such act as response opens new inquiries as to why this act was not secured when the third party and former employee in this complaint namely ********************* was granted some form of unauthorized access to a deceased members account namely *************************** which clearly violates the very act they stand behind in their response,consumer protection. This violates the deceased rights and financial privacy,even after death resulting in totality of fraud.

  This now stands as an additional inquisition on the *********************** ****** Act and 10CFR1016 as violated by this institution as well as my further evidence to support such inquisition. I may or may not have recorded evidence to support ********************* quoting transactions on the deceased member ***************************** account, as well as verbal admittance to having employee and friend connections via this institution to commit fraud, violate her financial privacy and gain access to funds, transactions and account data through this status. (These recordings may or may not be in the process of being professionally transcribed.)

  Clearly this institution is practicing privacy policies and practices under deception and unfairness, on a case-by-case bases. There is evidence of intent to commit fraud, collusion and bribery as well as applying policies and statutes when former employees and family are involved. There is a history of clear disregard for any statutes or acts or enforcement unless there is an inquisition of employee fraud, collusion or bribery then the enforcement flag is waived in accordance with such act or policy.
  Furthermore, there has been no name or association of these ongoing correspondence with whom the institutions responses have been made. The employee, agent, or firm responding or representing within these BBB notices on behalf of the Aurora Earthmover Credit Union should clearly be set forth within their responses.

  Therefore, it is found that the Aurora Earthmover Credit Union has failed to comply with BBB recommendations and resolve the matter of unauthorized charge backs herein within their responses. It should be noted that their response of the *********************** ****** Act and 10CFR1016 have opened new or additional inquisitions into their scope of their financial practices. They have failed to comply with state and federal financial consumer laws, financial privacy and protection acts as well as colluded and acted on fraudulent means by allowing non account members access to consumer financial accounts and protected financial data.
  

  ** Conclusion
  *************************** passed on Feb 8th, 2023. *********************** involvement started with telephone statements of intent to commit fraud through the institutions employees on Feb 22, 2023 at 12:52 pm to *****************. ***************** started to receive rapid fire emails following the telephone altercations with ********************* from the institution regarding the initial transfer requests made on the evening of Feb 8th on behalf of *************************** by ***************** denying access with email headers stating Notification: Your Ability to Schedule Transfers Has Been Suspended with the first being received at 1:59 pm on  Feb. 22nd 2023, the second email being received at 2:03 pm, and two final emails at 2:05 pm. Coincidently these emails came just forty three minutes after the phone calls from **********************The chargeback case was then commenced on March 16th via PayPal and has been left open and abandoned to date.
  This financial institution has failed to comply with the error resolution requirements outlined in 12 CFR Part **** - *************** Transfers (Regulation E), ****.11 Procedures for resolving errors and ****.14 *************** transfer service provider not holding consumer's account.
  
  **************** wiretapping law is a "one-party consent" law. ************** makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. **** Gen. ***** 15A-287. Thus, if you operate in **************, you may record a conversation or phone call if you are a party to the conversation. (In this case with the conversation involving a one party (****) VS. two party (Ill) state jurisdictions, the law of the jurisdiction in which the recording device (****) is located will apply.)
  
  Enforcement
  The ***, the federal banking agencies, (1) other federal regulatory authorities, (2) and state insurance authorities enforce the *** Act. Each agency has issued substantially similar rules implementing ***'s privacy provisions. ********** are responsible for issuing regulations and enforcing the law with respect to insurance providers.The *** has jurisdiction over any financial institution or other person not regulated by other government agencies.
  The *** may bring enforcement actions for violations of the Privacy Rule.The *** can bring actions to enforce the Privacy Rule in federal district court, where it may seek the full scope of injunctive and ancillary equitable relief. The *** also has authority under Section 5 of the *** Act to examine privacy policies and practices for deception and unfairness.

  
  The institution has retained knowledge that there was no fraud conducted per the PayPal transfer by *****************, on behalf of *************************** the account holder. This is outlined in 12 CFR Part **** -*************** Transfers (Regulation E). Regulation E protects consumers when they use electronic fund and remittance transfers. PART ****ELECTRONIC FUND TRANSFERS (REGULATION E)
  (m) Unauthorized electronic fund transfer means an electronic fund 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. The term does not include an electronic fund transfer initiated:
  **(1) By a person who was furnished the access device to the consumer's account by the consumer, unless the consumer has notified the financial institution that transfers by that person are no longer authorized; **
  (2) With fraudulent intent by the consumer or any person acting in concert with the consumer; or
  (3) By the financial institution or its employee.
  
  The institution failed to contact *************** on any transactions on her account because they obtained knowledge of her death through ********************* during the collusion. No phone calls or letters of correspondence had been received at her residence since those phone calls transpired from *********************. Any and all forms of communication ceased.
  
  If you research the consumer reviews of this institution, it carries a 93% negative consumer experience with 78% being based on deceptive consumer practices alone.
  
  Sincerely,
  
  *****************

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩