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<channel>
	<title>BBandT Sucks.com</title>
	<atom:link href="http://bbandtsucks.com/feed/" rel="self" type="application/rss+xml" />
	<link>http://bbandtsucks.com</link>
	<description>Unreliable Since 1872!</description>
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		<title>BB&amp;T 1-800 Number Down</title>
		<link>http://bbandtsucks.com/posts/bbt-1-800-number-down/</link>
		<comments>http://bbandtsucks.com/posts/bbt-1-800-number-down/#comments</comments>
		<pubDate>Sat, 13 Mar 2010 15:30:29 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Customer Complaints]]></category>
		<category><![CDATA[Top Story]]></category>
		<category><![CDATA[bb&t phone down]]></category>
		<category><![CDATA[no cusomter service]]></category>

		<guid isPermaLink="false">http://bbandtsucks.com/?p=168</guid>
		<description><![CDATA[It appears that BB&#38;T&#8217;s national customer service number [ 1-800-226-5228 ] is currently down and has been for most of the morning. [3/13/2010]
The prerecorded message says this is due to issues with their phone provider. 
We will let you know if we find out anymore information.

]]></description>
			<content:encoded><![CDATA[<p>It appears that BB&amp;T&#8217;s national customer service number [ 1-<span style="font-family: 'times new roman','new york',times,serif; font-size: 16px;">800-226-5228 ] is currently down and has been for most of the morning. [3/13/2010]</span></p>
<p><span style="font-family: 'times new roman','new york',times,serif; font-size: 16px;">The prerecorded message says this is due to issues with their phone provider. </span></p>
<p><span style="font-family: 'times new roman','new york',times,serif; font-size: 16px;">We will let you know if we find out anymore information.<br />
</span></p>
]]></content:encoded>
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		<title>BB&amp;T to Pay Damages in Disability Discrimination Lawsuit</title>
		<link>http://bbandtsucks.com/posts/bbt-to-pay-damages-in-disability-discrimination-lawsuit/</link>
		<comments>http://bbandtsucks.com/posts/bbt-to-pay-damages-in-disability-discrimination-lawsuit/#comments</comments>
		<pubDate>Thu, 11 Mar 2010 08:59:53 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Top Story]]></category>

		<guid isPermaLink="false">http://bbandtsucks.com/?p=163</guid>
		<description><![CDATA[A Winston-Salem bank will pay $24,000 to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). Branch Banking and Trust (BB&#38;T) is the nation’s 10th largest financial holding company.
The case involved a hearing-impaired employee who was denied a reasonable accommodation, which she was entitled to under the Americans with Disabilities [...]]]></description>
			<content:encoded><![CDATA[<div id="displayBody"><span id="ctl00_ContentPlaceHolder1_UCInfoDisplay_lblInfoBody">A Winston-Salem bank will pay $24,000 to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). Branch Banking and Trust (BB&amp;T) is the nation’s 10th largest financial holding company.</p>
<p>The case involved a hearing-impaired employee who was denied a reasonable accommodation, which she was entitled to under the Americans with Disabilities Act. EEOC charged that Linda Hewett, who worked for the bank’s Whiteville, North Carolina, branch as senior teller, was denied a transfer for which she was qualified.</p>
<p>As a result, she was forced to resign in 2003. Hewitt had sought the transfer because she was no longer able to perform her job due to progressively severe hearing loss. EEOC claimed that Hewett was denied reassignment to other vacant positions in which her hearing loss would not limit her ability to perform the job. As part of the settlement, BB&amp;T must take other actions, including providing antidiscrimination training to its staff.</p>
<p><a href="http://safety.blr.com/news.aspx?id=115532">Original Story: HERE</a></p>
<p></span></div>
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		<item>
		<title>BB&amp;T net income falls 37% in fourth quarter</title>
		<link>http://bbandtsucks.com/posts/bbt-net-income-falls-37-in-fourth-quarter/</link>
		<comments>http://bbandtsucks.com/posts/bbt-net-income-falls-37-in-fourth-quarter/#comments</comments>
		<pubDate>Fri, 05 Mar 2010 07:37:13 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Featured Article]]></category>

		<guid isPermaLink="false">http://bbandtsucks.com/?p=158</guid>
		<description><![CDATA[LONDON (MarketWatch) &#8212; BB&#38;T Corp.  					/quotes/comstock/13*!bbt/quotes/nls/bbt (BBT 27.81, 							+0.43, 							+1.57%) on Friday said fourth-quarter net income totaled $194 million, or 27 cents a share, down from $307 million, or 51 cents, in the same period the previous year. A survey of analysts by FactSet Research produced a consensus forecast for profit of 21 cents [...]]]></description>
			<content:encoded><![CDATA[<p>LONDON (MarketWatch) &#8212; BB&amp;T Corp.  					<span id="quote325606474"><span>/quotes/comstock/13*!bbt</span><span>/quotes/nls/bbt</span> </span><img class="alignright size-full wp-image-160" title="index" src="http://bbandtsucks.com/wp-content/uploads/2010/03/index.png" alt="index" width="230" height="180" /><span id="quote325606474">(<span><a title="BB&amp;T Corp" href="http://www.marketwatch.com/investing/stock/BBT">BBT</a></span> <strong><span>27.81</span></strong>, 							<span>+0.43</span>, 							<span>+1.57%</span>) </span>on Friday said fourth-quarter net income totaled $194 million, or 27 cents a share, down from $307 million, or 51 cents, in the same period the previous year. A survey of analysts by FactSet Research produced a consensus forecast for profit of 21 cents a share. The Winston-Salem, N.C.-based bank said fourth-quarter revenue grew 22.7%. Credit losses totaled $725 million, an increase of $197 million compared with the fourth quarter of 2008, the bank said.</p>
]]></content:encoded>
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		<item>
		<title>Top Law Firm looking into action against BB&amp;T</title>
		<link>http://bbandtsucks.com/posts/top-law-firm-looking-into-action-against-bbt/</link>
		<comments>http://bbandtsucks.com/posts/top-law-firm-looking-into-action-against-bbt/#comments</comments>
		<pubDate>Fri, 05 Mar 2010 02:05:00 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Claimed Fraud]]></category>
		<category><![CDATA[Customer Complaints]]></category>
		<category><![CDATA[Top Story]]></category>

		<guid isPermaLink="false">http://bbandtsucks.com/?p=153</guid>
		<description><![CDATA[The national law firm of Lieff Cabraser Heimann &#038; Bernstein, LLP is investigating the alleged practice by BB&#038;T of allowing customers to make debit charges to their ATM, debit or check cards even when the customer has insufficient funds in their account. BB&#038;T allegedly debits checks in order of the largest to smallest to increase the likelihood that customers will overdraw, and overdraw multiple times.]]></description>
			<content:encoded><![CDATA[<p>The national law firm of Lieff Cabraser Heimann &amp; Bernstein, LLP is investigating the alleged practice by BB&amp;T of allowing customers to make debit charges to their ATM, debit or check cards even when the customer has insufficient funds in their account. BB&amp;T allegedly debits checks in order of the largest to smallest to increase the likelihood that customers will overdraw, and overdraw multiple times.</p>
<p>It has been further alleged that BB&amp;T debits purchases from ATM, debit or check cards and checks written on the account before it credits deposits into the account for the same reason.</p>
<p>BB&amp;T customers have complained that all of these alleged business practices are purportedly for the purpose of assessing customers overdraft fees and charges.</p>
<h2>Consumer Legal Rights</h2>
<p>State and federal consumer protection laws provide consumers who were victimized by unlawful business practices. In many consumer protection cases, however, the cost of prosecuting individual lawsuits for each consumer is prohibitive.</p>
<p>The law does not leave the consumer powerless. Individual consumers may band together in a class action lawsuit, thereby representing all consumers who were victimized by a deceptive business practice. A class action can provide an effective means for consumers to force a corporation to acknowledge its legal responsibilities, halt fraudulent practices and provide monetary relief to all members of the class.</p>
<h2>Contact Lieff Cabraser</h2>
<p>BB&amp;T customers alleging they were assessed improper or excessive overdraft and checking fees and charges are welcome to <a href="http://www.lieffcabraser.com/contact/contact-bbt.htm">contact a Lieff Cabraser consumer protection attorney</a> for a review of their cases. There is no charge or obligation for our review of your claim.</p>
<h2>About Lieff Cabraser</h2>
<p>Lieff Cabraser Heimann &amp; Bernstein, LLP is a sixty-plus attorney law firm that has represented plaintiffs nationwide since 1972. We have offices in San Francisco, New York and Nashville. We represent plaintiffs in class and group actions and in individual lawsuits in cases involving substantial losses. For the last seven years, the <em>National Law Journal</em> has selected Lieff Cabraser as one of the top plaintiffs&#8217; law firms in the nation.</p>
<p><a href="http://www.lieffcabraser.com/consumer/bbt.htm">Lieff Cabraser Heimann &amp; Bernstein, LLP, Website</a></p>
]]></content:encoded>
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		<item>
		<title>BB&amp;T Employee Holly Rhines, Shines</title>
		<link>http://bbandtsucks.com/posts/bbt-employee-shines/</link>
		<comments>http://bbandtsucks.com/posts/bbt-employee-shines/#comments</comments>
		<pubDate>Sat, 21 Nov 2009 07:48:01 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[BB&T Employee Emails]]></category>
		<category><![CDATA[Top Story]]></category>

		<guid isPermaLink="false">http://bbandtsucks.com/?p=143</guid>
		<description><![CDATA[The following is an unedited email sent to us by a BB&#038;T employee. 

We think it speaks for itself. . . ]]></description>
			<content:encoded><![CDATA[<p>The following is an unedited email sent to us by a BB&amp;T employee named Holly Rhines.</p>
<p>We think it speaks for itself. . .</p>
<p>==================================================</p>
<p>You poor pathetic little person that probably was once fired from BB&amp;T<br />
and now have become bitter over the 9th largest Bank in the U.S. ,<br />
whom of which could care less about a $40K or lower  former employee.</p>
<p>Do you honestly believe that these insignificant court cases you<br />
report on actually effect BB&amp;T?!  Let me enlighten your world &#8211; it&#8217;s<br />
just a waste of time for the bitter, bored people like yourself and is<br />
entertaining for the 300,000 +/- employees of the Bank.  So go on,<br />
have fun reporting these &#8220;significant&#8221; life altering cases &#8211; that in<br />
all reality &#8211; do not effect BB&amp;T Corporation.</p>
<p>If this is your only worth in the world &#8211; go for it.  It&#8217;s a free<br />
country, right?!  I&#8217;m glad to know that BB&amp;T does not hire or keep on<br />
staff people of your caliber.</p>
<p>Enjoy.<br />
=====================================================</p>
<p>Holly Rhines<img class="alignright" title="Holly Rhines" src="http://b7.ac-images.myspacecdn.com/01030/75/96/1030966957_m.jpg" alt="" width="170" height="213" /><br />
Age: 25<br />
Position: Real Estate Associate with BB&amp;T<br />
Tenure: 3 years and 3 months<br />
Education: University of North Carolina at Wilmington<br />
BA-Foreign Language , Spanish , 2002 — 2006</p>
<p>Activities and Societies: Alpha Phi, March of Dimes, JDRF, United Way</p>
]]></content:encoded>
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		<title>Amy Stroupe &#8211; WCNC Video</title>
		<link>http://bbandtsucks.com/posts/amy-stroupe-wcnc-video/</link>
		<comments>http://bbandtsucks.com/posts/amy-stroupe-wcnc-video/#comments</comments>
		<pubDate>Thu, 22 Oct 2009 22:53:40 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Top Story]]></category>

		<guid isPermaLink="false">http://bbandtsucks.com/?p=129</guid>
		<description><![CDATA[
]]></description>
			<content:encoded><![CDATA[<p><object width="560" height="340"><param name="movie" value="http://www.youtube.com/v/LZUXNZOCuqM&#038;hl=en&#038;fs=1&#038;"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/LZUXNZOCuqM&#038;hl=en&#038;fs=1&#038;" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="560" height="340"></embed></object></p>
]]></content:encoded>
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		<title>Lawsuit claims BB&amp;T conspiracy</title>
		<link>http://bbandtsucks.com/posts/lawsuit-claims-bbt-conspiracy/</link>
		<comments>http://bbandtsucks.com/posts/lawsuit-claims-bbt-conspiracy/#comments</comments>
		<pubDate>Sat, 15 Aug 2009 20:14:19 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Claimed Fraud]]></category>
		<category><![CDATA[Employee Fraud]]></category>

		<guid isPermaLink="false">http://bbandtsucks.com/?p=125</guid>
		<description><![CDATA[JOHN REID BLACKWELL TIMES-DISPATCH STAFF WRITER
A lawsuit claims that BB&#38;T Corp.&#8217;s Richmond-based investment banking subsidiary, Scott &#38; Stringfellow LLC, conspired to take trade secrets when it recruited several employees from a competitor&#8217;s Richmond office.
Stephens Inc., a Little Rock, Ark.-based investment banking firm, filed the lawsuit in U.S. District Court in Richmond last week. It names [...]]]></description>
			<content:encoded><![CDATA[<p>JOHN REID BLACKWELL TIMES-DISPATCH STAFF WRITER</p>
<p>A lawsuit claims that BB&amp;T Corp.&#8217;s Richmond-based investment banking subsidiary, Scott &amp; Stringfellow LLC, conspired to take trade secrets when it recruited several employees from a competitor&#8217;s Richmond office.</p>
<p>Stephens Inc., a Little Rock, Ark.-based investment banking firm, filed the lawsuit in U.S. District Court in Richmond last week. It names Winston Salem, N.C.-based BB&amp;T Corp. and Scott &amp; Stringfellow as defendants.</p>
<p>Five of Stephens Inc.&#8217;s former employees &#8212; Thomas S. Albrecht, Kevin Sterling, Bradley D. Shiveley, Edward &#8220;Neal&#8221; Deaton and Alfred Rhem Wood Jr. &#8212; also are named as defendants.</p>
<p>The lawsuit claims that the men, who worked as a team of transportation industry analysts for Stephens Inc., violated their confidentiality agreements with the firm when they were recruited to join BB&amp;T starting in May, after BB&amp;T&#8217;s own chief transportation industry analyst left the company.</p>
<p>Attorneys for the five analysts declined to comment yesterday. A spokeswoman for Scott &amp; Stringfellow referred questions to a BB&amp;T corporate spokesman. A phone message left for the spokesman yesterday was not returned.</p>
<p>The lawsuit claims 12 counts against BB&amp;T and the analysts, including business conspiracy, breach of contract and unfair competition. Among those charges, the lawsuit accuses the analysts, while they were still employed by Stephens, of contacting the firm&#8217;s clients and prospective clients to solicit them to move their business to BB&amp;T, which was &#8220;aware and actively involved in these activities.&#8221;</p>
<p>Stephens also accuses the analysts of copying and removing proprietary electronic and print documents from its office for use by BB&amp;T. One of the defendants, Wood, has returned three boxes of documents to Stephens but still has electronic records, according to the lawsuit.</p>
<p>Stephens fired Albrecht, Sterling, Shiveley and Wood on July 7, and Deaton resigned on July 8, the lawsuit says. Albrecht, Sterling, Shiveley and Deaton have since been employed by BB&amp;T with a collective compensation package &#8220;believed to be in excess of $1.5 million&#8221; a year, the lawsuit says.</p>
<p>Stephens is seeking a court order against further use of its proprietary information. It also is seeking monetary and punitive damages.</p>
<p><a href="http://www2.timesdispatch.com/rtd/business/local/article/B-SCOT25_20090724-212603/282011/">&#8211; Link to Original Article &#8211;</a></p>
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		<title>Saunders v. Branch Banking &amp; Trust Co. of Virginia</title>
		<link>http://bbandtsucks.com/posts/saunders-v-branch-banking-trust-co-of-virginia/</link>
		<comments>http://bbandtsucks.com/posts/saunders-v-branch-banking-trust-co-of-virginia/#comments</comments>
		<pubDate>Sat, 15 Aug 2009 09:28:54 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Featured Article]]></category>

		<guid isPermaLink="false">http://bbandtsucks.com/?p=110</guid>
		<description><![CDATA[Here is a classic story of refusal to accept responsibility. Mr. Saunders bought a new car. His old loan was paid off and a new loan acquired. The only problem was it took BBandT eight full months to even acknowledge the loan, even after repeated attempts by Mr. Saunders to inform them of their error, and [...]]]></description>
			<content:encoded><![CDATA[<p>Here is a classic story of refusal to accept responsibility. Mr. Saunders bought a new car. His old loan was paid off and a new loan acquired. The only problem was it took BBandT eight full months to even ackno<img class="alignleft size-full wp-image-116" title="photo-car-keys" src="http://bbandtsucks.com/wp-content/uploads/2009/08/photo-car-keys.jpg" alt="photo-car-keys" width="300" height="184" />wledge the loan, even after repeated attempts by Mr. Saunders to inform them of their error, and pay the money he owed.</p>
<div>
<p>Eight months later when BB&amp;T decided to follow up on this error, not only did they not acknowledge his futile efforts to pay them and inform them of their error, they informed him he would be receiving late fees and must pay the loan in full in ten days time.</p>
<p>Understandably Mr. Saunders was unwilling to pay any late fees as he felt he had went above and beyond his responsibility.  He met with a BB&amp;T lending officer in March of 2004 and informed them that he would be more than happy to pay what he owed them, but he would not be paying any penalties as he not only tried to inform them of their error on numerous occasions but also had no way in which to pay them as there was no account number. In fact this was the first time in eight months that BB&amp;T even acknowledged his loan with them.</p>
<p>Although BB&amp;T offered to wait to assess late fees until after he had made all of the remaining payments on the loan, the bank refused to waive the late fees or penalties. Saunders responded that he was unwilling to pay down the loan if BB&amp;T was going to charge late fees and penalties resulting from its own admitted accounting errors.</p>
<p>On April 14, 2004, BB&amp;T repossessed Saunders’ new car and informed Saunders that he could only redeem it by paying the full amount due, including principal, interest, late fees, and a &#8220;repossession expense.&#8221; Saunders tried to obtain a new loan from a credit union in order to redeem the BB&amp;T loan and avoid further interactions with BB&amp;T. However, BB&amp;T had reported Saunders’ loan as &#8220;in repo-[ssession] status&#8221; to the credit reporting agencies (CRAs), causing Saunders’ credit score to drop from 754 to 599. Because of this substantial drop in his credit score, Saunders could not obtain a new loan from the credit union at a favorable interest rate.</p>
<p>Saunders contacted the CRAs (including Trans Union), lodging a dispute over the recorded information about the BB&amp;T debt and triggering the CRAs’ obligation to reinvestigate pursuant to 15 U.S.C.A. § 1681i(a). Trans Union issued an automated consumer dispute verification form to BB&amp;T.  BB&amp;T had previously reported the repossession to Trans Union, resulting in a negative score on the loan, and in response to the dispute verification form, BB&amp;T updated the record to reflect a &#8220;profit and loss writeoff,&#8221; resulting in the worst possible score for Saunders on the loan. The dispute verification form provided BB&amp;T with two opportunities to indicate that Saunders had contested the legitimacy of the debt with BB&amp;T. BB&amp;T therefore could have indicated that it considered the debt uncollectible and also reported that Saunders had disputed the debt; if BB&amp;T had done so, Trans Union would have reported both the debt and the dispute and would not have considered the debt in determining Saunders’ total credit score. Thus, BB&amp;T’s decision to report the debt but not the dispute resulted in a much lower credit score for Saunders than a report of both the debt and the dispute.</p>
<p>On October 24, 2005, Saunders brought this suit, alleging that BB&amp;T violated its duties as a furnisher of information under FCRA, 15 U.S.C.A. § 1681s-2(b)(1), by failing to report the dispute. At the conclusion of the trial, the court instructed the jury on BB&amp;T’s statutory duties as a furnisher of information. The trial court also instructed the jury that it could find BB&amp;T had violated FCRA by failing to report the ongoing dispute only if the jury concluded that BB&amp;T’s conduct excused Saunders from making his payments on the loan, i.e., if the jury considered the dispute meritorious. After deliberation, the jury returned a verdict finding that BB&amp;T had intentionally violated its duties under FCRA. The jury awarded Saunders no compensatory damages but did award the maximum possible statutory damages of $1,000 and punitive damages of $80,000.</p>
<p>On appeal, BB&amp;T argues that the district court erred in denying its motion for judgment as a matter of law, because Saunders presented insufficient evidence to establish a willful violation of FCRA. BB&amp;T also maintains that a punitive damages award of $80,000 violates the due process clause of the Constitution, and thus the district court erred in denying its motion for remittitur of the award to $4,000.</p>
<p><strong><em><span style="color: #ff0000;">The court has since upheld its verdict on numerous appeals</span></em></strong><span style="color: #ff0000;">.</span></p>
<p><a href="http://pacer.ca4.uscourts.gov/opinion.pdf/071108.P.pdf">&#8211; Link to Rex Richard Saunders vs BB&amp;T &#8211; United States Court of Appeals for the Fourth Circuit &#8211;</a></div>
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		<title>*Update* Closing Connection, LLC vs BB&amp;T</title>
		<link>http://bbandtsucks.com/posts/update-closing-connection-llc-vs-bbt/</link>
		<comments>http://bbandtsucks.com/posts/update-closing-connection-llc-vs-bbt/#comments</comments>
		<pubDate>Sat, 15 Aug 2009 08:54:05 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Claimed Fraud]]></category>
		<category><![CDATA[Customer Complaints]]></category>

		<guid isPermaLink="false">http://bbandtsucks.com/?p=104</guid>
		<description><![CDATA[BB&#38;T Suit Continues
U.S. District Judge Claude M. Hilton has denied Branch Banking &#38; Trust&#8217;s motion to dismiss a lawsuit by a Warrenton business.
The bank&#8217;s attorneys said in the motion that the plaintiff simply doesn&#8217;t have a case.
In an order issued July 16, however, Hilton said Closing Connection LLC &#8220;states a claim on which recovery may [...]]]></description>
			<content:encoded><![CDATA[<p style="margin-bottom: 0in;"><strong><span style="font-family: verdana, geneva;">BB&amp;T Suit Continues</span></strong></p>
<p style="margin-bottom: 0in;"><span style="font-family: verdana, geneva;">U.S. District Judge Claude M. Hilton has denied Branch Banking &amp; Trust&#8217;s motion to dismiss a lawsuit by a Warrenton business.</span></p>
<p style="margin-bottom: 0in;"><span style="font-family: verdana, geneva;">The bank&#8217;s attorneys said in the motion that the plaintiff simply doesn&#8217;t have a case.</span></p>
<p style="margin-bottom: 0in;"><span style="font-family: verdana, geneva;">In an order issued July 16, however, Hilton said Closing Connection LLC &#8220;states a claim on which recovery may be had.&#8221;</span></p>
<p style="margin-bottom: 0in;"><span style="font-family: verdana, geneva;">The business sued the bank claiming insufficient security measures resulted in the theft of several hundred thousand dollars from the business via fraudulent wire transfers.</span></p>
<p style="margin-bottom: 0in;"><span style="font-family: verdana, geneva;">No further hearings have been scheduled.</span></p>
<p style="margin-bottom: 0in;"><span style="font-family: verdana;"><span style="font-family: Georgia;"><a href="http://www.fauquier.com/news/2009/jul/22/police-briefs/">&#8211; Link to Original Article &#8211;</a></span></span></p>
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		<title>BB&amp;T vs Closing Connection, LLC</title>
		<link>http://bbandtsucks.com/posts/bbt-vs-closing-connection-llc/</link>
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		<pubDate>Sat, 15 Aug 2009 08:47:35 +0000</pubDate>
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				<category><![CDATA[Claimed Fraud]]></category>
		<category><![CDATA[Customer Complaints]]></category>

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		<description><![CDATA[Alexandra Bogdanovic
Source: Fauquier Times-Democrat
A Warrenton business is suing Branch Banking and Trust Co. (BB&#38;T) in federal court for negligence, breach of fiduciary duty and breach of contract.
Closing Connection, LLC., a Warrenton-based business, is listed as the plaintiff. John M. Cheatwood is the owner and managing member of the company.
Filed Jan. 5, Closing Connection is seeking [...]]]></description>
			<content:encoded><![CDATA[<p>Alexandra Bogdanovic<br />
Source: Fauquier Times-Democrat</p>
<p>A Warrenton business is suing Branch Banking and Trust Co. (BB&amp;T) in federal court for negligence, breach of fiduciary duty and breach of contract.</p>
<p>Closing Connection, LLC., a Warrenton-based business, is listed as the plaintiff. John M. Cheatwood is the owner and managing member of the company.</p>
<p>Filed Jan. 5, Closing Connection is seeking at least $328,540 in compensatory damages and $1 million in punitive damages from the bank.</p>
<p>Kevin Carter — also known as Kevin A. Carter, Kevin Anthony Carter, or Anthony Kevin Carter — of Bloomfield Hills, Mich., is listed as a co-defendant. Carter Advisors International, Inc., also of Bloomfield Hills, is named as another co-defendant.</p>
<p>As of Monday, no defense lawyers were identified in the court documents.</p>
<p>Rand Lewis Gelber, a Fairfax attorney representing Closing Connection, said the defendants may be granted additional time to respond to the suit since Carter and Carter Advisors International Inc., are not located in Virginia.</p>
<p>A.C. McGraw, a representative from BB&amp;T&#8217;s corporate communications department, said before the suit was filed that an attorney representing Cheatwood had been in contact with the bank regarding alleged wire thefts in 2007.</p>
<p>“The gentleman&#8217;s attorney approached BB&amp;T well over a year ago,” McGraw said when asked about the alleged thefts several weeks ago. The bank has “no reason to change its position,” she added.</p>
<p>According to Cheatwood, bank representatives told his lawyer at the time that they “weren&#8217;t optimistic” about recovering the funds.</p>
<p>The bank has allegedly denied liability and “has failed to provide the plaintiff with any information as to where the wiring instructions originated and what user ID and passwords were used to access the account,” according to the lawsuit.</p>
<p>What happened?</p>
<p>Closing Connection, LLC handles real estate title insurance and settlement services in the Warrenton, Charlottesville and Fredericksburg areas.</p>
<p>The company maintained an escrow account at the BB&amp;T branch in Warrenton for business purposes. In the lawsuit, Gelber said Closing Connection also used the bank&#8217;s wiring services, which allows customers to access their accounts through the Internet and wire funds to other banks.</p>
<p>On Jan. 8, 2007, Carter or someone acting at his direction, allegedly obtained access to Closing Connection&#8217;s Warrenton escrow account remotely. The perpetrator(s) then wired approximately $328,540 from that account to an account belonging to Carter Advisors International at the Fifth Third Bank in Michigan, Gelber said in the suit.</p>
<p>“Again, on Jan. 18, 2007, Carter or someone acting at his direction obtained access to [Closing Connection's] Warrenton escrow account remotely and wired funds in the amount of $452,540.52 to the account of Defendant Advisors [sic] at Fifth Third Bank in Michigan,” Gelber added.</p>
<p>Gelber said Cheatwood found out about the Jan. 18 incident that day and notified the bank, which was able to reverse the transaction. However, the first transaction couldn&#8217;t be reversed since “almost all” of the money had already been wired to a second bank in Russia, he added.</p>
<p>According to the suit, Cheatwood told the bank that the wires were not authorized and that Closing Connection maintained the security of the user ID and password required to access the escrow account.</p>
<p>An investigation performed by a computer forensic expert has determined that none of the Warrenton business&#8217;s computers were used to access the account and effectuate the wire transfers, according to Gelber</p>
<p>By failing to have sufficient security measures in place to prevent access to the escrow account, Gelber maintains the bank breached its “duty of care” to his client.</p>
<p>Furthermore, he claims that the bank breached its fiduciary duty to Closing Connection when it allegedly permitted an unauthorized person to access the account and transfer funds.</p>
<p>Finally, Gelber said his client and the bank had an agreement pertaining to the handling of the escrow account — including access for wiring funds — and that the bank broke that contract.</p>
<p>“Carter and Advisors, by gaining unauthorized access to [Closing Connection's] account and transferring $328,540.79&#8230;to Advisor&#8217;s account, converted [Closing Connection's] property to their own use&#8230;” the lawsuit alleges.</p>
<p>Closing Connection is suing them for at least $328,540.79 in compensatory damages, according to court documents.</p>
<p>A jury trial has been requested, but no hearings have been set.</p>
<p><a href="http://www.fauquier.com/news/2009/jan/14/bank-crime-fraud-business-litigation/">&#8211; Link to Original Article &#8211;</a></p>
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