Bank Sued For CFPB Regulation E 12 CRF 1005 Provisional Credit Violation + Discovery Demands
Bank Sued For CFPB Regulation E 12 CRF 1005 Provisional Credit Violation + Discovery Demands
Bank Sued For CFPB Regulation E 12 CRF 1005 Provisional Credit Violation + Discovery Demands
2023 Update:
Working with BECU Counsel - the Heavy appears to be
'Wizair' - an affiliate of Global Flight Catchers and Frosh International Travel
The Delta info we received contained no actual confirmation.
Frosh and Wizair both acknowledged many issues on the phone this morning.
Here's the kicker though: Wizair says Global Flight Catchers is THEIR affiliate.
Nice möbius loop huh. Who's on First?
IN THE DISTRICT COURT
SMALL CLAIMS DIVISION
IN AND AROUND THE COUNTY OF SKAGIT
STATE OF WASHINGTON
v. )
Defendants. )
PARTIES
1. Plaintiff is a Washington resident who holds bank accounts with Defendant Boeing
Employee’s Credit Union, hereinafter “BECU” or “Defendant.”
3. This is a Court of Limited Jurisdiction but with sufWicient Jurisdiction over Contractual Law
sufWicient to hear this case.
4. The events complained of all occurred while Plaintiff was living in Skagit County,
Washington and banking at the Riverside local branch, where Defendant does substantial
business consonant with the dictates of Fair Play and Substantial Justice.
FACTS
5. In July of 2023 Plaintiff was duped by a company called Global Flightcatchers when
attempting to book two (2) Wlights from Seattle to Martha’s Vineyard for our annual family
vacation.
1
6. This “company” was listed on Kayak, a known reputable online Wlight and travel website, so
Plaintiff and his partner assumed they were legitimate.
7. Plaintiff received phony conWirmations in my email that did not contain any requisite
information to actually obtain a boarding pass. Note that the “conWirmation” has too many
letters and numbers GFC32333. Plaintiff called the airline and they could not do a thing with
any of this information.. Appendix A.
8. Startled, Plaintiff and his partner started deep-diving into the company and found multiple
reports noted at Appendix B, many of which were shared with the Riverside Mount Vernon,
WA local branch by way of Member Consultant Lead Kaitlin Walker.
9. Phone calls were made to the airline and attempts to resolve the situation proved fruitless
so Plaintiff obtained a provisional credit and then spent that money with added money
necessary to obtain last-minute Wlights to the Vineyard.
10. The branch representative promised Plaintiff as long as what I was saying was true there
wouldn’t be a problem.
11. Her statement was reasonable to me and as such I place reliance on it and to my detriment
on November 1, 2023 the credit was removed and I had spent my money in the interim to
Winish straightening out my taxes and all of my credit cards and getting my use under 30%
and coming current on tax Wilings, etc. etc.
12. I made numerous phone calls and a visit to the local branch in Mt. Vernon, Washington
where Plaintiff deposited the letter seen at Appendix C, noting that the Consumer Financial
Protection Bureau expressly recommends covering these cases. In pertinent part, the letter
read:
This matter is in the public eye and the CFPB has weighed in on our side. Coincidentally I actually
worked for Richard Cordray back at the Ohio Attorney General’s OfWice.
https://www.computerworld.com/article/3664808/are-banks-quietly-refusing-reimbursements-
to-fraud-victims.html
*****
https://www.consumerWinancemonitor.com/2022/07/21/cfpb-expected-to-issue-new-guidance-
requiring-banks-to-repay-more-fraud-victims/
CFPB expected to issue new guidance requiring banks to repay more fraud victims
*****
2
https://www.consumerWinance.gov/rules-policy/regulations/1005/3/
As I told the caller last week in front of my Partner if you wreck my credit because of this I’m legally
pursuing the matter with full force. I’ve been with BECU for about a decade now and intend to divert
funds from another bank to you in the coming year as I ramp up a business initiative.
This type of recalcitrance does not sit well with me so I need that provisional credit returned.
Best regards,
***********
13. This is a burgeoning issue as seen in Cassese, et al. v. Citibank, N.A., Case No. 23-cv-1157-RA
(SDNY 2023), which promptly settled on April 5, 2023 (Appendix D).
28. In such cases, contrary to the EFTA and its regulations and UCC Article 4-A, Citibank
blames the victim. A September 23, 2022 letter from Citibank to Plaintiff Cassese stated:
“You did not take adequate steps to safeguard your account. This failure compromised the
security of your account information and directly contributed to allowing the transaction(s)
in question to take place.” That statement is false and deceptive, as apparently conceded in
the October 10, 2022 and December 12, 2022 letters where Citi admits Plaintiffs were the
victims of a “fraudulent scheme” and a “scam.”
29. Upon information and belief, it is Citibank’s policy and procedure to deny refunds and
blame unauthorized EFTs and wire transfers on the victim consumers, including by claiming
the victim consumers authorized or assisted the EFTs and wire transfers, as a means of
justifying Citibank’s refusals to refund unauthorized EFTs and wire transfers from Citibank
accounts.
14. Plaintiff also informed Defendant in that he is familiar with the CFPB by way of being a
homeowner advocate in the Washington Foreclosure Fairness Program and by dint of
having worked for the same law enforcement agency as former CFPB Director Richard
Cordray.
3
15. Defendant refused to change its position and told Plaintiff at either 55 or 59 days there will
be a charge-off with negative reporting to all three credit bureaus.
17. At this point Plaintiff’s credit scores are upward looking good and everything is going well
(Plaintiff obviously is not going to divulge where his scores are headed in public – that will
be sealed) but Defendant’s actions are destined to ruin all of that, and at no time has any
representative ever acknowledged the CFPB’s position.
18. Plaintiff has provided Statutory Agent Mike Ryan, Esq. a copy of this Wiling and all related
Appendices prior to Wiling this lawsuit.
19. Plaintiff maintains that a negative and unfair negative charge off and reporting to credit
bureaus is an Irreparable Harm within the context of a Temporary Restraining Order or
Injunctive Relief.
20. Plaintiff maintains that a negative and unfair negative charge off and reporting to credit
bureaus violates Federal Law, including but not limited to 12 CFR §1005 et seq previously
noted above and to Defendant on about six (6) separate occasions. The CFPB Public Policy
reads:
(v) Transfers resulting from debit card transactions, whether or not initiated through an electronic
terminal.
4
21. In order to avoid damage to his credit, Plaintiff entered into a payment plan with Defendant
under duress and with unequal length arms in an Unconscionable arrangement.
22. Plaintiff has reminded Defendant that he chose them not long after he moved to the Greater
Seattle area more than a decade ago in order to avoid being treated in the manner that large
banks are known for; Defendant did not care one iota and pressed forward so now we are
here and we will be here indeWinitely.
23. We will also be at the bank branches passing Wliers and shooting videos as well.
CLAIMS1
1. Breach of Contract:
By failing to cover this expense, Defendant breached a contractual arrangement that will be
shown through Discovery.
2. Promissory Estoppel:
Defendant, by and through a branch manager cloaked with apparent, actual and ostensible
authority, made a promise to Plaintiff on which he based reasonable reliance to his
detriment as he did not sequester the $713.00 that was removed three (3) months after the
initial grant.
5. Unconscionability;
The unjust application of policies in this instance Wlies in the face of that which is just or fair,
and the only reason that Defendant can attempt to manifest these wrongs is because of a
grossly unequal power relationship between the parties that grants Defendant an unfair
advantage over Plaintiff, who was not heard at any point in time because of Defendant’s
calculated Bad Faith conduct.
1See generally McCellon v. Bank of America, Case no. C18-0829-JCC (WD WA 2018) (Appendix E) but not that
case dealt with Wire Transfers and, moreover on information and belief, Section §1005 has since been
amended and expanded, fortified to help innocent victims like Plaintiff.
5
7. Washington Consumer Protection Act;
Discovery is pending that is likely to show that Defendant’s propensity for “quietly refusing
reimbursements to fraud victims” has the capacity to deceive a substantial portion of the
public” (Hangman Ridge, 719 P.2d at 535) and the concerns at hand are most deWinitely not
limited to any special relationship between the Parties as this is obviously a NATIONAL
ISSUE generating press coverage and revised CFRs.
6
DEMANDS
1. Preliminary Injunctive Relief against any negative reporting to any credit bureaus or any
other entities.
2. Permanent Injunctive Relief against any negative reporting to any credit bureaus or any
other entities.
4. Return of any monies posited pursuant to any settlement agreement between the Parties.
6. Treble Damages.
Respectfully submitted,
_________________________________
Christopher King, J.D.
515 E. Fulton Street
Mount Vernon, WA 98273
617.543.8085
kingcast955@icloud.com
7
Your Booking Reference: GFC32333
Your reservation has been confirmed and your itinerary details have been furnished below.
Kindly note that this email is only a ‘Booking Confirmation’. Your travel documents such as e-tickets will be e-mailed to you separately within 24 hours of making
the booking online. If you do not receive your travel documents within the stipulated timeframe, please feel free to email sales@globalflightcatcher.com OR call us
on +1 844 825 9321, and one of our Travel Consultants will be more than glad to assist you.
Contact Details
Passenger Details
PAX Type First Name Middle Name Last Name DOB Seat Meal
ADT Angus Underfoot 22-03-1979
Flight Details
, ,
Class: Economy
Departing At Arriving At
AA 9217 Baggage: 0 Pcs
21:10 05:23
Duration: 05:13
Terminial - Terminial - C
, ,
Class: Economy
Departing At Arriving At
AA 2265 Baggage: 0 Pcs
05:41 07:37
Duration: 02:56
Terminial - B Terminial - 3
, ,
Class: Economy
Departing At Arriving At
AA 2359 Baggage: 0 Pcs
08:20 10:52
Duration: 04:32
Terminial - 3 Terminial -
NOTES :
You are expected to have read and understood our terms & conditions at the time of making the booking online. Kindly be informed that all reservations made are non-changeable, non-
refundable & non-endorsable.
The names of all the passengers are identical to what appears on their respective Passports/Travel Documents
The itinerary details such as Date, Time, Airline & Stopovers are precisely what was agreed upon
Baggage Allowance: While most Airlines allow a minimum of one piece baggage allowance, some Airlines do not provide any allowance for baggage to
selected destinations and this will need to be purchased additionally. Please speak to one of our consultants for any assistance in this regard.
In a regrettable situation where the product confirmed or offered is no longer available, one of our consultants will be prompt to inform you accordingly and provide all suitable alternatives.
While incidents such as these are infrequent, this may be caused due to a technical snag or availability of all or some components of your booking being changed by the supplier.
It is your responsibility to ensure you have made all arrangements to obtain the relevant visa/s (if required) to travel to respective destination.
We strongly advise you to re-confirm your reservation 72 hours prior to departure with us to ensure all aspects of your holiday are scheduled to proceed as planned. Global Flight Catcher
will not be held responsible for inconvenience/losses caused due to not reconfirming your reservation.
Thank you once again for booking with Global Flight Catcher.
We value your custom and wish to assist you with your future travel requirements.
Regards,
Customer Services Online Team
Toll-Free No.: +1 844 825 9321
sales@globalflightcatcher.com
h"ps://www.bbb.org/us/ny/elmhurst/profile/online-travel-agency/global-flight-catchers-0121-
87154777/customer-reviews
BBB Rating & Accreditation
FBBB rating
THIS BUSINESS IS NOT BBB ACCREDITED
George K
1 star
12/04/2023
Stay away from this business. There scammers and when you call them out they play
phone games. Worst customer service
**********
Review fromDorothy K
1 star
11/27/2023
********
Review fromDmitri S
1 star
06/28/2022
This travel agency does not provide updated information about airfare on its
website.As result, My reservation was not confirmed because the tickets were
sold out already for the price which I found on their website. When I asked about
an alternative option I was offered airfare which was 2x more expensive,
h"ps://www.trustpilot.com/review/globalflightcatchers.co.uk
Karen Bumby
2 reviews
GB
I would not purchase from them. They are a scam and have hidden fees and do
shady business. Terrible experience purchasing from them.
********
Guest
2 reviews
US
Nov 16, 2023
Really disappointed
********
MR M DOLPHIN
13 reviews
GB
*********
Hannah Noel
1 review
US
UsefulShare
Reply from Globalflightcatchers
Mar 14, 2022
Reviews (22)
Relevant
Rating
5 stars 6
4 stars 0
3 stars 0
2 stars 0
1 star 16
Timeframe
All time
Other
Verified purchase
Verified site experience
Contains image or video
English only
Musaddaq A.
1 review
2 helpful votes
Money Grabbers, fraud.
Thank you for taking the time to leave us a review. Your feedback is very important to us and we
believe your issue has now been resolved.
Sreenath K.
1 review
2 helpful votes
Very bad experience. Highly not recommend
Thank you for taking the time to leave us a review. Your feedback is very important to us and we
believe your issue has now been resolved.
1 helpful vote
Scam company
Anila S.
1 review
1 helpful vote
Money eater
Thank you for taking the time to leave us a review. Your feedback is very important to us and we
believe your issue has now been resolved.
Rob H.
1 review
2 helpful votes
The absolute WORST!
• Comment
• Thank you
Helpful (2)
Thank you for taking the time to leave us a review. Your feedback is important to us and in this
instance we are sorry that we have not delivered our usual high standards of service.
We would like to make this right for you. Please send us an email at
customercare@flightcatchers.com to discuss this further. We do hope you give us another
opportunity to provide a high level of service you would welcome.
Thank you, again, for taking the time to share a review with us.
Amr E.
1 review
1 helpful vote
Swindlers
Thank you for taking the time to leave us a review. Your feedback is important to us and in this
instance we are sorry that we have not delivered our usual high standards of service.
We would like to make this right for you. Please send us an email at
customercare@flightcatchers.com to discuss this further. We do hope you give us another
opportunity to provide a high level of service you would welcome.
Thank you, again, for taking the time to share a review with us.
Kemal Y.
1 review
0 helpful votes
!Pay AEanFon to Baggage
July 30th, 2023
Automatically set the baggage to 0 and they asked for another 115 - 185 pounds to add the baggage
It's a planned scheme they call almost immediately afterwards and there is no fully refund
cancellation option as well.
Products used:
Flight tickets
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• Comment
• Thank you
Helpful (0)
Thank you for taking the time to leave us a review. Your feedback is very important to us and we
believe your issue has now been resolved.
Hanni K.
1 review
0 helpful votes
Absolutely garbage company - PLEASE GO SOME WHERE ELSE
Verified purchase
DO NOT listen to the positive reviews, they are most likely written by the team themselves. Paid
£285 for allocated seating and this was not provided. Did not inform us of a service change, charged
us £63 pound to change the date to the day before EVEN THOUGH THE AIRLINE SAID THIS
WOULD BE FREE.
Tip for consumers:
Very unhelpful staff.
Products used:
Scummy sales practices.
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Helpful (0)
jordan j.
1 review
1 helpful vote
AVOID AVOID
When speaking on the phone your staff were extremely rude, disrespectful and less helpful than a
rubber nail.
I am 100% convinced that your company is a "cowboy agency" absolutely terrible customer service,
you rely on people having to change plans in order to make a profit which is absolutely disgusting.
I hope your company goes bust, i have read your reviews online and its not just me you are doing it
too, you are liars, scammers and cheats (this is my honest opinion), but your company will go down
the toilet, no matter how many fake 5 star reviews you leave yourself.
Everyone at your company should be extremely ashamed and embarrassed, it's saddening how you
treat your "valued customers" you're completely laughable.
I will tell every single person i know to avoid you, i will give you a terrible review on every single
review sight you are on, wether that be "flight catchers" or "polani travel"
I will make it my goal to deter as many people as i can from your disgusting low life company.
UPDATE
I fully admit that some of the points on my original review might have been a misunderstanding on
my part, therefore i have removed it, however when a individual rang me from paloni/ flight catchers
instead of fully explaining the situation and speaking to me in a respectful manner, he called me a
liar, and threatened to sue me, when I didn't understand a policy, he tried to belittle me by saying "
you clearly don't fly alot"
I would also like to mention I originally tried to cancel my flight due to work commitments, and they
didn't try anything at all to help, the money i would have had to pay wasn't worth my time. I have
been through other companies before and they have simply added an admin fee if i had to change
dates or cancel, this company did not do that, very rude.
Tip for consumers:
I’d like to start this review by stating how disgusted i am with your service, you got my name wrong
on my itinerary, you told me i’d have to pay an extra £550 pounds to change my flight date even
though the airline policy will issue a full refund up to 48 hours before the flight.
Then 24 hours before my flight you tell me my connection flight was cancelled with no alternative.
Leaving me unable to travel, from a £778 ticket i received a total of £35 as a refund, what a joke!!!!’
Products used:
Tickets for a flight
Service
Value
Shipping
Returns
Quality
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• Comment
• Thank you
Helpful (1)
Thank you for taking the time to leave us a review. Your feedback is important to us and in this
instance we are sorry that we have not delivered our usual high standards of service.
We would like to make this right for you. Please send us an email at
customercare@flightcatchers.com to discuss this further. We do hope you give us another
opportunity to provide a high level of service you would welcome.
Thank you, again, for taking the time to share a review with us.
Rooha G.
1 review
0 helpful votes
Frauds
v. )
Defendants. )
INTERROGATORY #1:
State the number of provisional credits initially granted to Washington State customers on non-
commercial checking accounts for 2021;
b) 2022;
c) 2023 to date.
ANSWER:
INTERROGATORY #2:
State the number of reversals made for each year noted above.
ANSWER:
INTERROGATORY #3:
Identify all BECU employees who reviewed Plaintiff’s Appendix B and provide their titles.
ANSWER:
1
INTERROGATORY #4:
Identify all BECU employees who reviewed Plaintiff’s Appendix B and provide their titles.
ANSWER:
INTERROGATORY #5:
Provide a copy of all Washington State customer complaints regarding revocation of provisional
credit in 2023 to date, and;
b) 2022
c) 2021
d) 2020
e) 2019
ANSWER:
INTERROGATORY #6:
Identify by caption/case number any and all lawsuits regarding revocation of provisional credit in
2023 to date, and:
b) 2022
c) 2021
d) 2020
e) 2019
ANSWER:
2
I CERTIFY THAT THESE REQUESTS ARE SENT IN GOOD FAITH AND WITH THE INTENT TO
ESTABLISH EVIDENCE ADMISSIBLE AT TRIAL
Respectfully submitted,
Christopher King, JD
617.543.8085m
3
IN THE DISTRICT COURT
SMALL CLAIMS DIVISION
IN AND AROUND THE COUNTY OF SKAGIT
STATE OF WASHINGTON
v. )
Defendants. )
DOCUMENT REQUEST 1:
Provide a written or audio transcription of each and phone call between Plaintiff and Defendant
regarding this matter.
ANSWER:
DOCUMENT REQUEST 2:
Provide a copy of all internal procedures for provisional credits and factors that determine whether
they will be permanently granted or denied.
ANSWER:
DOCUMENT REQUEST 3:
Provide a copy of all internal procedures for provisional credits and factors that determine whether
they will be permanently granted or denied.
ANSWER:
1
DOCUMENT REQUEST 4:
ANSWER:
I CERTIFY THAT THESE REQUESTS ARE SENT IN GOOD FAITH AND WITH THE INTENT TO
ESTABLISH EVIDENCE ADMISSIBLE AT TRIAL
Respectfully submitted,
Christopher King, JD
617.543.8085m