Action: The ATM that kept the funds

I went to SouthTrust Bank at 6700 22nd Ave. N in St. Petersburg to put a deposit into my checking account. After doing so, on the way out, I decided to try the bank's ATM to get cash from a new credit card. I ran my card through, put in my personal identification number, and waited for my money. It never came out, just a receipt for $62 ($60 cash plus $2 service charge).

I opened the door of the bank and called for help. The clerk who took my deposit came out and then talked to a supervisor, who told me there was nothing she could do to help me. I called the credit card company and was informed that it is the bank's ATM and the bank should be responsible for it. I went back to the bank, but it would do nothing. I do not feel I should be out $62, so I am turning to you for help. John Novacek

Response: SouthTrust Bank's response to us was of no help, since its policy prohibits the disclosure of your "financial relationship," regardless of your signed release. The Florida Department of Banking and Finance was unable to help either; SouthTrust Bank is not chartered in Florida.

The next stop on our quest for a resolution to your problem was the Alabama Department of Banking, since SouthTrust, formerly a national bank, is now an Alabama state-chartered bank. The department is unable to directly intervene on your behalf, we were told, but it did offer the following advice:

First, you should write a letter to the president of SouthTrust Bank, Julian W. Banton, P.O. Box 2554, Birmingham, AL 35290-0001. Explain exactly what happened and how you have been unable to resolve this with the bank yourself.

Apparently a letter to the bank president is often enough to get the wheels turning. Make sure you include as much information as possible: when the incident occurred, where it happened, what you did and so on. You are bound to be frustrated by now, but our advice is to be as brief as possible, sticking strictly to the facts. Be pleasant. A first letter is not the time for recrimination or threats.

Another avenue open to you, according to the folks at Alabama's Department of Banking, is to file a complaint with the Federal Reserve Bank of Atlanta. One of 12 regional reserve banks, it supervises member banks in Alabama, Florida, Georgia and parts of Louisiana, Mississippi and Tennessee. Jean Tate, spokeswoman for the Federal Reserve in Atlanta, said complaints may be filed by calling the bank's consumer hotline at (404) 589-7239, or online at http://www.frbatlanta.org.

In addition, Tate suggested disputing the charge with your credit card issuing bank, thus taking a cover-all-your-bases approach. You say you contacted the folks at your credit card company, but did you do so by mail as well? A phone call does not preserve your rights.

We asked Tate how banks deal with and monitor ATMs. She said ATMs are balanced regularly, generally each day. If problems arise -- too much or too little money -- the bank will wait and see if it receives any complaints.

In your case, it would certainly seem logical that the ATM you used did not balance on that particular day. We also wonder what the video surveillance camera would have shown, if anything, although we suspect the tape has been taped over by now.

By the way, not all financial institutions are supervised and regulated by the Federal Reserve Bank. The Federal Reserve Bank of Atlanta's Web site offers a helpful summary of which federal agencies regulate other kinds of financial institutions and how to contact them. Clip this out and save it for future reference.

State-chartered banks that are not members of the Federal Reserve system are regulated by the Federal Deposit Insurance Corporation (FDIC). Contact the FDIC at: Office of Compliance and Consumer Programs, 550 17th St. NW, Room PA-1730, Seventh Floor, Washington, DC 20429; toll-free 1-800-934-3342; e-mail: consumer@fdic.gov; Web site: http://www.fdic.gov.

Nationally chartered banks are regulated by the Office of the Comptroller of the Currency (OCC). (A bank is nationally chartered if its legal name ends with the letters "N.A." or its name contains the words "National Bank.") Contact the OCC at: Customer Assistance Group, 1301 McKinney St., Suite 3710, Houston, TX 77010; toll-free 1-800-613-6743; e-mail: Customer.Assistance@occ.treas.gov; Web site: http://www.occ.treas.gov.

Savings and loan associations, also known as S&Ls or thrifts, are regulated by the Office of Thrift Supervision. Contact the OTS at: Consumer Programs, 1700 G St. NW, Sixth Floor, Washington, DC 20552; toll-free 1-800-842-6929; e-mail: consumer.complaint@ots.treas.gov; Web site: http://www.ots.treas.gov.

Federal credit unions are supervised by the National Credit Union Administration (NCUA). Contact the NCUA at: Office of Public and Congressional Affairs, 1775 Duke St., Alexandria, VA 22314-3428; (703) 518-6330; Web site: http://www.ncua.gov.

Brokers and dealers are regulated by the Securities and Exchange Commission (SEC). Contact the SEC at: Office of Investor Education and Assistance; 450 Fifth St. NW, MS 11-2, Washington, DC 20549; (202) 942-7040; Web site: http://www.sec.gov.

Finally, credit bureaus, finance companies, mortgage companies, retail stores and automobile dealers are all regulated to some degree by the Federal Trade Commission. Contact the FTC at: Consumer Response Center, Federal Trade Commission, 600 Pennsylvania Ave. NW, Washington, DC 20580; toll-free 1-877-382-4357; Web site: http://www.ftc.gov.

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If you have a question for Action, or your attempts to resolve a consumer complaint have failed, write: Times Action, P.O. Box 1121, St. Petersburg, FL 33731, or call your Action number, (727) 893-8171, or, outside of Pinellas, (800) 333-7505, ext. 8171, to leave a recorded request for Action. Names will not be omitted except in unusual circumstances. Letters may be edited for length and clarity.

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