California Zelle Fraud Demand Letter

[Your Name] [Your Address] [City, CA ZIP] [Your Email] [Date] [Bank Name] Attn: Legal Department / Fraud Disputes [Bank Address] Via Email: [Bank Legal Email] Via Certified Mail, Return Receipt Requested Re: Demand for Reimbursement - Zelle Fraud Account Number: [XXXX-XXXX-XXXX-####] Transaction Date(s): [Date(s)] Amount: $[Total Amount] Dispute Reference: [Your Case Number] Dear Legal Department: I am writing regarding fraudulent Zelle transaction(s) totaling $[Amount] from my account on [Date(s)]. Despite timely reporting and proper documentation, your bank denied my dispute claim on [Date of Denial]. This denial violates the Electronic Fund Transfer Act, Regulation E, and California consumer protection law. ACCOUNT HISTORY I have maintained a [checking/savings] account with [Bank Name] since [Year], in good standing with no prior fraud disputes. I use Zelle through your bank's mobile app/website for legitimate person-to-person transfers. FRAUD DESCRIPTION [OPTION A - Account Takeover:] On or about [Date], unauthorized parties gained access to my bank account through [describe how: phishing, SIM swap, credential theft, unknown means]. Without my knowledge or authorization, the following Zelle transfers were executed: • [Date]: $[Amount] to [Phone/Email] • [Date]: $[Amount] to [Phone/Email] I did not initiate these transfers, did not know the recipients, and did not share my login credentials. I discovered the unauthorized access on [Date] when [describe how discovered] and immediately contacted your fraud department. [OPTION B - Impersonation Scam:] On [Date], I received a [call/text] from an individual claiming to be from [Bank Name]'s fraud department. The caller stated that suspicious activity had been detected on my account and directed me to "secure" my funds by sending a Zelle payment to "[account/number]" which they claimed was a secure bank account. I was deceived about the identity and legitimacy of the recipient. The scammer impersonated your institution and exploited my trust in [Bank Name]. I would not have authorized these transfers had I known the true nature of the transaction. LEGAL ANALYSIS Electronic Fund Transfer Act (15 U.S.C. § 1693) [For Account Takeover:] Under EFTA and Regulation E (12 C.F.R. § 1005.6), I am not liable for unauthorized electronic fund transfers. I reported this fraud within [X] days of discovery, well within the 60-day period that preserves full protection under § 1693g. Your bank is required to reimburse unauthorized transfers promptly. [For Impersonation Scam:] Recent CFPB guidance clarifies that transfers induced by fraud, particularly impersonation scams where the consumer is deceived about the recipient's identity, may qualify as "unauthorized" under EFTA. The scammer's impersonation of [Bank Name] undermined my intent to transfer funds. Your bank's denial of this claim is inconsistent with evolving regulatory standards. California Consumer Protection Law Your denial of my valid fraud claim also violates California law: 1. California Consumer Legal Remedies Act (Civil Code § 1750): Denying valid fraud claims constitutes an unfair practice causing substantial consumer injury. 2. California Unfair Competition Law (B&P Code § 17200): Your bank's pattern of denying Zelle fraud claims despite regulatory guidance constitutes an unfair business practice. 3. Regulation E Compliance: Your bank failed to conduct a proper investigation as required by 12 C.F.R. § 1005.11, provide timely provisional credit, or explain the specific basis for denial. DEMAND I demand that [Bank Name]: 1. Immediately reimburse $[Amount] plus interest from the date of the fraudulent transfer(s); 2. Provide a written explanation of your investigation methodology and findings; 3. Confirm no adverse action has been taken on my account; 4. Compensate me for [X] hours spent disputing this fraud at a reasonable hourly rate. DEADLINE AND CONSEQUENCES If I do not receive full reimbursement within fourteen (14) days of this letter, I will: • File a complaint with the Consumer Financial Protection Bureau (CFPB) • File a complaint with the California Department of Financial Protection and Innovation (DFPI) • Pursue arbitration under your account agreement or litigation in California Superior Court • Seek actual damages, statutory damages under EFTA (15 U.S.C. § 1693m), attorney fees under CLRA, and any other available relief DOCUMENT PRESERVATION This letter serves as notice to preserve all documents related to my account, the disputed transactions, and your investigation, including but not limited to: internal investigation notes, communications with Early Warning Services/Zelle, recipient account information, and any fraud alerts or flags. Please direct all correspondence to [Your Email] and the address above. Sincerely, [Your Signature] [Your Printed Name] Enclosures: - Bank statements showing disputed transfers - Screenshots of scam communications - Police report (Case No. [Number]) - FTC complaint confirmation - Timeline of events and bank contacts