First of all what I'm about to describe is a scam that we accidentally stumbled into, which I do not blame the bank for. However the bank's communication led us to falling for the scam, and then they quickly backed out and said they were not responsible. Here is how it happened.
My wife runs a tutoring business teaching Mandarin. English is her second language but she knows it fairly well. She sometimes deals with foreigners and other folks who may not understand American customs.
One day she came to me saying that a client has given her more money than she asked for, to tutor someone down at the library. I was very busy and distracted, and I usually don't get involved in her business, but I noticed that it was a bank check she received was a LOT more than she asked for. I thought this was very strange, and it raised a red flag. I asked her to return it. Then she came back to me and said the client wanted her to cash it and forward the remainder via Western Union to the caretaker of the child who was to be tutored.
This made me angry and I nearly told her to tell her client "no" and returned it. I should have. Not appreciating this extra work, but needed my wife's income and not having time to deal with her business affairs, I strongly advised her to cash it and ask the bank to tell her when it CLEARS. I asked her to be very specific about that, it has to clear before we do anything else. She is very good about following instructions, she is a smart girl, and understood my intentions.
So she deposited the check with a teller at Citizen's Bank. She very clearly asked the teller to tell her when the check would clear. The teller then gave her a date. My wife returned home and gave me that date. I thought the date was too fast, but this being the digital age I decided the bank knew what it was doing.
On that date, we checked online and so no hold on the money, and no indication of a problem. The check seemed good. So my wife wired the remaining money ($3,500) to the party we were supposed to.
Several days go by and she goes to meet the "student" at the library. Nobody ever shows up. She returns home and contacts the client, who then says that he must cancel the tutoring, but to keep the money we already cashed.
Of course you can see where I'm going with this. The bank called us a WEEK later to tell us that the check was fraud. I hit the ceiling. I demanded to know why they said a check cleared when it didn't. They claimed that they did no such thing -- that they tell customers -- in good faith -- that a check is "cashable" after a certain date. That's why it seemed too fast. They asked us to redeposit the portion of the $3,500 that left us overdrawn, and at first I refused. They said the consequence for that would be that they sue us for it, taking NO RESPONSIBILITY for their poor communication.
Had they answered my wife's question ("when will the check CLEAR") this would not have happened. Having money become "available" is not the same thing as a check clearing. They gave us a date that we acted upon and we lost $3,500.
BTW: in a scam like this (which is very common, I found out, much to my embarrassment) the police do very little to catch the criminal. They found out where he was but did nothing with the authorities on the other end to catch him. That's why the scam is common: it depends on the banks not being clear (or not even communicating) when a check deposit is truly safe to withdraw from, and they depend on Western Union and banks taking no responsibility for being a party to the scam at all. All of these institutions allow these scams not only to continue but to thrive, shirking any legal participation or responsibility in the matter.
Frankly I think there is a legal case against a bank that gives us a bad date as to when a check HAS CLEARED. We can't possibly know when a check clears, we depend on the bank to give us that information. They give us a date, we act on it, then they retract that date and say it didn't clear after all and stick us with the money under threat of litigation.
Shouldn't there be some kind of consumer protection in such a deal?
