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Big banks face intensifying political pressure over Zelle fraud


Sen. Richard Blumenthal - Zelle
Sen. Richard Blumenthal, D-Conn., chairs the Senate Permanent Subcommittee on Investigations, which started an inquiry into Zelle fraud in June 2023.

Bloomberg

Executives from JPMorgan Chase , Bank of America and Wells Fargo are expected to testify this summer before a U.S. Senate panel that has spent much of the last year examining fraud on the Zelle payments network.

At the upcoming hearing, the big banks are likely to face one key question: To what extent, if at all, should banks be financially responsible in situations where consumers authorize Zelle payments to fraudsters?

Hundreds of millions of dollars are at stake. In 2022, customers of JPMorgan, BofA and Wells submitted claims reflecting a combined total of $456 million lost to scams and fraud on Zelle, according to Sen. Richard Blumenthal, D-Conn., who chairs the Senate Permanent Subcommittee on Investigations.

Nearly three-quarters of those losses were never repaid by the three banks, Blumenthal said during a hearing Tuesday, though he did not provide a breakdown of the share of losses that were authorized by the victim. Blumenthal is focusing on JPMorgan, Wells and BofA because they accounted for 73% of all Zelle transactions last year.

During Tuesday’s hearing, which featured the testimony of consumers who were fraud victims, Blumenthal argued that the big banks are not doing enough to protect their customers.

“Time and again, Zelle and the big banks have said that they couldn’t help. What they mean is they wouldn’t help,” he said.

The subcommittee opened its inquiry into Early Warning Services, the bank-owned company that operates the Zelle network, in June 2023. JPMorgan, BofA and Wells are the largest of the seven banks that own Early Warning. Altogether, roughly 2,100 banks and credit unions offer Zelle to their customers.

On Tuesday, Blumenthal described the subcommittee’s inquiry as bipartisan, and the panel’s top Republican, Sen. Ron Johnson of Wisconsin, voiced his support for holding a hearing with executives from the banks.

But Johnson also expressed skepticism that banks should be held responsible for losses in situations where their customers get tricked into sending money to fraudsters. He noted that Zelle payments — unlike credit card transactions, which offer greater fraud protection — do not generate revenue.

“This is a different system. Again, we need to be concerned about scams and fraud. But there’s a fair amount of responsibility on the part of the users to try to prevent that,” Johnson said.

“I’m not flacking or defending the banks here. I’m just trying to figure out: What’s the reality of the situation? What’s the best way to deal with those issues?” Johnson added.

Blumenthal argued that even though individual Zelle transactions generally do not generate revenue, banks do profit from offering the service. Offering Zelle helps banks to attract customers and also increases customers’ stickiness, he said.

An Early Warning spokesperson said in an email Wednesday that less than one-tenth of 1% of Zelle transactions are reported as fraud or scams. The spokesperson also noted that Zelle has extensive consumer education materials on its website and has launched various campaigns to help get out the word about scams.

“In addition to our consumer protection efforts, we are actively working with policymakers, regulators, and law enforcement to look across the entire ecosystem to truly address the threat of fraud and scams,” the Early Warning spokesperson said. “To address this global crisis, we need to stop the abuse of digital communications, equip law enforcement to tackle every incident, and launch a coordinated national education initiative.”

JPMorgan and Bank of America declined to comment on the record for this article. Wells Fargo said in a written statement that it is committed to detecting, preventing and addressing fraud.

“We maintain active countermeasures to identify and stop scams before they harm our customers,” the San Francisco-based bank said. “In 2023 alone, our enhanced security efforts detected and blocked over 1 million transactions before they could harm customers.”

Of course, Zelle is not the only peer-to-peer payments network that has been plagued by scams. Others include PayPal’s Venmo and Block’s Cash App.

During Tuesday’s hearing, Blumenthal sought to justify his panel’s focus on Zelle, noting that Zelle transactions are nearly instantaneous, which makes them hard to reverse.

“What distinguishes Zelle is speed, permanence and bank ownership. and that’s really the reason we are focusing on Zelle,” Blumenthal said. “But the other platforms deserve attention as well.”

One banking industry source who spoke on condition of anonymity argued that Blumenthal is cherry-picking data from one particular payments…



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