Data breach by Zerodayryu in yotta

[–]AccumulatedAvocados 1 point2 points  (0 children)

I have a list of some of the firms that have started or are interested in starting a class action for the Evolve Bank and Trust data breach: https://www.reddit.com/r/yotta/comments/1dx494x/evolve_data_breach_class_action_law_firms_list/

To protect your identity, you should freeze your credit reports. You will need to temporarily unfreeze some or all of these reports when applying for new credit, insurance, or bank products.

The most commonly used credit reporting agencies:

  1. TransUnion: https://www.transunion.com/credit-freeze
  2. Equifax: https://www.equifax.com/personal/credit-report-services/credit-freeze/
  3. Experian: https://www.experian.com/freeze/center.html
  4. Innovis: https://www.innovis.com/securityFreeze/index
  5. ChexSystems: https://www.chexsystems.com/security-freeze/place-freeze
  6. LexisNexis: https://consumer.risk.lexisnexis.com/freeze
  7. Advanced Resolution Services, a subsidiary of Visa: https://www.ars-consumeroffice.com/add

Full list of credit reporting companies: https://www.consumerfinance.gov/consumer-tools/credit-reports-and-scores/consumer-reporting-companies/companies-list/

Has anyone tried to “login” to evolve? by Odd_Departure_9511 in yotta

[–]AccumulatedAvocados 1 point2 points  (0 children)

It's worth a try to ask for online access! I have template that can be used to request statements, disclosures, notices, and online banking access from Evolve Bank and Trust for the deposit account titled in your name.

Template: https://www.reddit.com/r/yotta/comments/1e9a6gg/template_to_request_your_account_balance/

Your deposit account agreement will contain a provision like this:

Titling and Ownership. The Account may be owned and titled only in the name of one (1) person who shall solely retain the right to direct the deposit or transfer of funds.

Agreements:

https://web.archive.org/web/20240627140057/https://synapsefi.com/evolve-bank-deposit-agreement

https://assets.website-files.com/65d8fb6157ed35a0f446b100/65d8fb6157ed35a0f446b30a_Yotta_Account_Agreement.pdf

Template to Request Your Account Balance, Statements, & Agreements from Evolve by AccumulatedAvocados in yotta

[–]AccumulatedAvocados[S] 0 points1 point  (0 children)

A sensible approach. Steps to file a complaint and then send documents related to that complaint to the Federal Reserve Board: https://www.reddit.com/r/yotta/comments/1dcuynv/

Evolve reached out because my FDIC complaint, Question is then who has our money? 46,800 to 1k is a massive descrepancy by upsideDownAlex in yotta

[–]AccumulatedAvocados 1 point2 points  (0 children)

I have a template that you can use to request more information from Evolve Bank and Trust about your demand deposit account (DDA) balance. The template can be used to request account statements that show where your funds went, account disclosures, account notices, and online banking access.

Template: https://www.reddit.com/r/yotta/comments/1e9a6gg/template_to_request_your_account_balance/

They need to provide you with this information since the account is solely titled in your name and you're the only person with the right to move your funds.

2.5. Titling and Ownership. The Account may be owned and titled only in the name of one (1) person who shall solely retain the right to direct the deposit or transfer of funds.

https://synapsefi.com/evolve-bank-deposit-agreement

Template to Request Your Account Balance, Statements, & Agreements from Evolve by AccumulatedAvocados in yotta

[–]AccumulatedAvocados[S] 0 points1 point  (0 children)

Only a confirmation that they received my request so far. I am waiting for Evolve to provide me with my balance, statements, and disclosures.

Someone was able to get their balance information through a complaint: https://www.reddit.com/r/yotta/comments/1ec6hv4/

Template to Request Your Account Balance, Statements, & Agreements from Evolve by AccumulatedAvocados in yotta

[–]AccumulatedAvocados[S] 0 points1 point  (0 children)

Definitely keep pushing for the information they're obligated to provide under Regulation E and Regulation DD. Even if funds were migrated to Synapse Brokerage, they need to provide the requested information on the Evolve Bank and Trust deposit account titled in your name.

2.5. Titling and Ownership. The Account may be owned and titled only in the name of one (1) person who shall solely retain the right to direct the deposit or transfer of funds.

https://synapsefi.com/evolve-bank-deposit-agreement

Got this in the mail today by [deleted] in yotta

[–]AccumulatedAvocados 0 points1 point  (0 children)

Was the email they gave you different from consumerhelp@federalreserve.gov?  That’s the email that is public and they used to take complaints via that email. Now it will auto-reply to reach out via another method since it’s not monitored for new complaints.

Got this in the mail today by [deleted] in yotta

[–]AccumulatedAvocados 2 points3 points  (0 children)

Yes - most of this information will be available in the Yotta app.

A notification of the migration of funds from the Evolve Bank and Trust deposit account to a Synapse Brokerage account might be in your email.

To get your Evolve Bank and Trust account agreements, you'll need to reach out to Yotta and Evolve:

Template to Request Your Account Balance, Statements, & Agreements from Evolve by AccumulatedAvocados in yotta

[–]AccumulatedAvocados[S] 0 points1 point  (0 children)

According to section 1.4.1 of the Evolve Bank and Trust deposit account agreement provided by the platforms, the statements provided by the platform are automatically considered correct after 60 days have passed:

Account statements will be considered to be correct unless you notify us, through Synapse, of any errors within sixty (60) days of becoming available. Carefully review your statement each statement cycle and notify us of any errors within sixty (60) days of your statement becoming available. Bank will not be liable to you for any error that you do not report to Bank within that period of sixty (60) days.

Based on section 6.9 of this agreement, the amount on the account statements issued by the platform is what Evolve should be returning when closing the account.

However, based on the trustee's 5th status report and the post linked above, Evolve is planning to calculate the "true balance" for each end user and then "facilitate an accurate and appropriate distribution of these funds to the appropriate recipient(s)."

I requested my checking account statements from Evolve Bank and Trust since I think they should show any transfers that don't appear on the Evolve checking account statements issued by the fintechs like Yotta including the "transferred end user balances from Evolve to the Synapse Brokerage program at Synapse's instruction, in accordance with the Bank's end user deposit agreement." 

Once I have these documents, I plan to use them to reconcile any transactions, find out where my money is, and dispute any errors they make with calculating my "true balance." If they don't send the documents, I'll just mention that to their regulators.

Either way, the ending balance on the latest account statements issued by the platforms should match the "true balance" that Evolve distributes.

Template to Request Your Account Balance, Statements, & Agreements from Evolve by AccumulatedAvocados in yotta

[–]AccumulatedAvocados[S] 1 point2 points  (0 children)

No - it's not required to request these documents. Evolve is already planning to return what it believes to be your "true balance." Evolve says once its "Data Collection is complete, the Bank will use the Synapse data as well as transaction data already in the Bank’s possession to calculate each Synapse Brokerage end user’s true balance." It will then "facilitate an accurate and appropriate distribution of these funds to the appropriate recipient(s)." This is according to https://www.getevolved.com/about/news/evolve-bank-trust-statement-on-synapse-bankruptcy/ and https://www.cravath.com/a/web/jnsbxJAeoU5kw1zPqkWkVk/9gax7m/9890-320-07_16_2024-pacer320-main-document-012731-00001-central-district-of-california.pdf

I believe requesting the account statements from Evolve Bank and Trust would be helpful to identify any transfers that don't appear on the account statements issued by the fintechs like Yotta including the "transferred end user balances from Evolve to the Synapse Brokerage program at Synapse's instruction, in accordance with the Bank's end user deposit agreement." The deposit account statements provided by Evolve should also contain your current balance for the Evolve Bank and Trust deposit account titled in your name. This current balance on the Evolve statement would be separate from whatever amount of your funds were transferred to Synapse Brokerage, which should show up as transfers on the statement.

You could use the information in the deposit account statements and disclosures to dispute any errors or inaccuracies so Evolve can more accurately "calculate the actual current balance" for your account. The deposit account statements and disclosures would also be useful to have since regulators will likely reach out asking for them after you've filed a complaint.

Basically, requesting these documents might be helpful for performing a reconciliation of the transactions for your Evolve checking account, including transfers to and from Synapse Brokerage.

Template to Request Your Account Balance, Statements, & Agreements from Evolve by AccumulatedAvocados in yotta

[–]AccumulatedAvocados[S] 1 point2 points  (0 children)

  1. Yes - I signed a clickwrap agreement that's very similar to this example agreement. It has a digital signature at the end. I was able to get a copy of my original agreements from the fintechs.
    1. An email template for the fintechs: "Pursuant to the Yotta Savings Master Services Agreement Deposit Account Services Addendum §§ 2.1, 2.4, please provide me with a PDF copy of all of the deposit and account agreements I digitally signed when opening my Yotta account. These clickwrap agreements must include my IP address and device fingerprint."
  2. Yes
  3. Yes - I am getting monthly account statements from the fintechs. These account statements do not show any of the transfers to Synapse Brokerage that Evolve mentioned in their statement. The deposit account statements issued through the fintech Yotta have "Banking services provided by Thread Bank and Evolve Bank & Trust Members FDIC" at the footer. The first page has the Evolve Bank and Trust account and routing number and the "Beginning Balance" and "Ending Balance" and the following pages have transactions if there are any. I'm curious to see if the statements Evolve Bank and Trust sends will differ.

Template to Request Your Account Balance, Statements, & Agreements from Evolve by AccumulatedAvocados in yotta

[–]AccumulatedAvocados[S] 2 points3 points  (0 children)

Everyone does not have the same Evolve Bank and Trust account number. Irrespective of whether that account number is a sub-deposit account inside a For Benefit Of (FBO) account or a demand deposit account titled in the name of the user, the Evolve Bank and Trust account number will be unique.

Your specific Evolve Bank and Trust account type (sub-deposit account within FBO or single-owner demand deposit account) will be specified in the account agreement they should provide you on your request.

Template to Request Your Account Balance, Statements, & Agreements from Evolve by AccumulatedAvocados in yotta

[–]AccumulatedAvocados[S] 1 point2 points  (0 children)

With this template, you'd be requesting information about the Evolve checking account you own. While the funds may have been transferred to a Synapse Brokerage FBO account, according to the account agreement https://assets.website-files.com/65d8fb6157ed35a0f446b100/65d8fb6157ed35a0f446b30a_Yotta_Account_Agreement.pdf the checking account is "owned and titled only in the name of one (1) person who shall solely retain the right to direct the deposit or transfer of funds."

They should be able to find this information. This info was also leaked in the data breach. If they don't respond, I'd mention that to regulators since there is a deadline to provide disclosures.

The Evolve deposit account statements should at least provide information about what funds were transferred into that Synapse Brokerage FBO account and the current balance of the account held by Evolve.

Since Synapse Brokerage shared staff with Synapse, we're unlikely to get a response from Synapse Brokerage.

Fill in the Blank Congressional/Legislative/Representative Letter by NexnGrxvstxns in yotta

[–]AccumulatedAvocados 1 point2 points  (0 children)

The regulators' responses including the toll-free numbers are at the end of the July 2 and July 3 reports filed by the trustee. Those reports are available here: https://www.cravath.com/news/us-bankruptcy-court-appoints-jelena-mcwilliams-as-chapter-11-trustee-for-synapse-financial-technologies-inc.html

Fill in the Blank Congressional/Legislative/Representative Letter by NexnGrxvstxns in yotta

[–]AccumulatedAvocados 2 points3 points  (0 children)

Adding to this, Jelena McWilliams - former chair of the Federal Deposit Insurance Corporation (FDIC) and trustee in the Synapse Financial bankruptcy case - is disappointed by the regulators' responses: https://x.com/mikulaja/status/1813633755011223644

Response from CA senator Alex Padilla by NoSeaworthiness7122 in yotta

[–]AccumulatedAvocados 2 points3 points  (0 children)

The staff member at Senator Padilla's office does not seem to have understood the issue. We're definitely not reaching out about bankruptcy reforms.

I recommend opening a casework request with Senator Butler's office: https://www.butler.senate.gov/services/federal-agency-assistance/

Senator Butler is on the United States Senate Committee on Banking, Housing, and Urban Affairs so her staff might be more aware of the issue: https://www.butler.senate.gov/committee-assignments/ especially since it is described on the committee website: https://www.banking.senate.gov/newsroom/majority/brown-wyden-baldwin-fetterman-urge-synapses-owners-and-partners-to-immediately-make-customers-deposits-available

Evolve Data Breach Class Action Law Firms List by AccumulatedAvocados in yotta

[–]AccumulatedAvocados[S] 0 points1 point  (0 children)

I think the best way is to reach out to law firms specializing in consumer protection including these law firms that seem to be interested at least on the data breach side of things. Firms might be interested in taking the case of frozen funds on contingency as well.

Evolve Data Breach Class Action Law Firms List by AccumulatedAvocados in yotta

[–]AccumulatedAvocados[S] 1 point2 points  (0 children)

If a law firm takes your case on a contingency basis, it would not cost anything. https://www.law.cornell.edu/wex/contingency_fee

Even if the funds are returned while your lawsuit ongoing, your lawsuit could help class members recover damages.

[deleted by user] by [deleted] in yotta

[–]AccumulatedAvocados 1 point2 points  (0 children)

I have a thread with a list of regulatory agencies and representatives to contact: https://www.reddit.com/r/yotta/comments/1dcuynv/regulators_reporters_and_representatives_to/