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Consumer Help and Information |
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Consumer Help Unit Things You Should Know: We at the Banking Department will do whatever we can to advise you or otherwise help you resolve the problem you are having with your bank, credit union, mortgage banker or broker, check casher, money transmitter or budget planner. The Banking Department's phone number appears on many credit card statements. You may call this number if you would like to receive a copy of a quarterly survey on Credit Card Interest Rates. Please note that this is not a customer service number for credit cards. If you have inquiries concerning your bill, want to report payment of a bill, or are calling to complain about the receipt of a credit card you did not request, you must call that card's customer service number directly. If your complaint involves an issue other than the above matters, we will do our best to assist you. In addition, because the Department does not regulate or supervise all banks, there will be instances in which we will have to forward your complaint to another regulator. Usually this will be the Office of the Comptroller of the Currency (OCC), the body that oversees nationally chartered banks. To find out if New York State is responsible for the organization that you are having trouble with, click here to see a list of Institutions under New York State Jurisdiction . For issues with ATM Safety or to register a complaint about a bank ATM, click here. The information that follows is what you need to file a complaint with this Department, as well as a list of helpful contacts in the event that you have a problem with an entity that is not under our supervision. In order for us to seek a solution to your problem, all complaints MUST be in writing and backed up with whatever documentation the Department feels is necessary. The more complete the information submitted, the faster the situation can be resolved.
Institutions under New York State Jurisdiction The Banking Department is the primary regulator for New York State-licensed and stated-chartered financial entities, including roughly 300 domestic banks; many foreign agencies, branches and representative offices; savings institutions and trust companies and other financial institutions operating in New York including mortgage bankers and brokers, check cashers, money transmitters, and licensed lenders, among others. The assets of these institutions total over $1.3 trillion (Link to Institutions Supervised). Please note that some institutions are regulated by federal government agencies. These include national banks, etc. Other entities may have as their primary regulator, a state other than New York State. See Institutions not under New York State jurisdiction, for further information. How to Make an Inquiry or File a Complaint There are several ways to contact the Banking Department with an inquiry or complaint: by phone, fax, electronic form, e-mail or in person. All formal complaints MUST be in writing. By Phone – Consumer Help Line
Our consumer help staff speaks English, Spanish, Russian and Mandarin and can provide referrals and answer questions you may have with regard to a financial institution or mortgage. The Consumer Help Line is open between 9:00 am and 5:00 pm Monday through Friday. During off-hours, you may leave a message. If it seems appropriate that you file a complaint, the representative will advise you to submit a written description of the problem, along with copies (not the original documents) of any back-up materials you have. Via Electronic Consumer Assistance Form* *Use this form only if you know you have a specific complaint against a New York State chartered financial institution such as a bank, mortgage banker or broker, budget planner, check casher or money transmitter. If you are not sure, or if you have a question, please use the e-mail option below. Via e-mail Please note that this is not a secure Website and that information you send via e-mail could be compromised. Therefore, if you do not wish to proceed via the Internet, please write to us instead. Via Mail
By Fax
Walk-in
Complaint Check List All of the following information is required in order for us to process your complaint (check list):
If you are contacting us via e-mail, please provide your complete street and internet e-mail addresses. Please note that anonymous complaints cannot be processed. When You Contact the Department While we try to answer as many of your questions and resolve problems over the phone when possible, it is often the case that in order to resolve an issue, we must send a copy of the written complaint to the person or firm you are complaining about — therefore, the information contained in the complaint is not considered confidential. Resolution of complaints may require the submission of written documentation, as the Complaint Check List indicates. We will advise you if we need additional information as we process your complaint. Once the complaint package is complete, we will send you a confirmation of receipt of your complaint within five business days. It is important to remember that the Banking Department does not act as the complainant's attorney. It also does not have the power to adjudicate or sit in judgment over complaints. If a dispute turns on facts that do not involve a supervised entity's violation of a specific law or regulation (such as a matter concerning a bank's exercise of internal policies or guidelines) the Banking Department may not have the authority to obtain the relief a complainant is seeking. In that case, the Banking Department will advise the complainant about other ways to pursue the complaint, such as through consulting a private attorney and/or initiating a court proceeding. Institutions not under New York State Jurisdiction The Banking Department does not have the authority to resolve complaints involving entities that are not under New York State jurisdiction. Some institutions are regulated by federal government agencies. For example, commercial banks having the word "National" or using the title "N.A." (national association) in their title, are organized under and subject to federal law. Requests for information or complaints concerning these national banks should be directed to Office of the Comptroller of Currency. Savings banks and savings and loan associations having the word "Federal" in their name or which use the initials FSB (federal savings bank), FSA (federal savings association), FA (federal association) or FSLA (federal savings and loan association) are regulated by the Office of Thrift Supervision, a federal agency. Inquiries or complaints should be directed to Office of Thrift Supervision. Federally-regulated credit unions are similarly identified by the word "federal" in their name. Inquiries and complaints concerning federal credit unions should be directed to National Credit Union Administration. If the institution you are concerned with is located outside New York State or if you are unsure about the appropriate regulatory authority, contact the Consumer Services Division of the New York State Banking Department. Our staff will attempt to determine the appropriate agency to contact and your inquiry or complaint will be referred to that authority. You will be notified of this referral. When You Need Other Help Other Bank Regulators If you have a complaint about a financial institution that is not regulated or supervised by the NYS Banking Department, we will refer you and forward your complaint to the regulator of that institution. To determine if your financial institution is supervised by the NYS Banking Department, please visit our list of institutions we supervise: http://www.banking.state.ny.us/supinst.htm If your institution is not on this list, it may be under the jurisdiction of one of the two following national bank regulators: Office of the Comptroller of the Currency
Office of Thrift Supervision
Or, if your institution is not supervised by the NYS Banking Department or a national bank regulator, it may be under the jurisdiction of another state’s banking department. For a list of all state banking departments, contact: Conference of State Bank Supervisors
Other Helpful Government Agencies If the Banking Department cannot resolve your complaint or answer your question, you may be able to obtain assistance from one or more of the following resources: Credit Reporting Agencies You are entitled to one free credit report per year from each of the three major credit reporting agencies.
You may also request and pay for a credit report from each of the three major credit reporting agencies:
To ask questions about or dispute items on your credit report:
To report credit card fraud:
Federal Trade Commission
May be able to handle general consumer questions, problems, and complaints, including:
Office of the NYS Attorney General
May be able to handle general consumer questions, problems, and complaints, including:
NYS Comptroller’s Office
Funds and securities deposited a bank account are transferred to the State after a significant period of account inactivity—usually after five years. Abandoned funds are held by the State indefinitely, until their proper owner comes forward to claim them. Make inquiries about abandoned bank accounts or property to the Comptroller’s Office. NYS Consumer Protection Board
May be able to handle general consumer questions, problems, and complaints. NYS Insurance Department
May be to able to handle questions, problems and complaints about insurance companies, brokers, agents, or adjusters. May also be able to handle questions, problems and complaints about possible government fraud, corruption or abuse of taxpayer money. U.S. Secret Service
May be able to handle questions, problems or complaints about financial crimes such as:
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