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Your bank can withdraw its fraud settlement offer if you escalate — Canada's banking watchdog says it's a systemic problem

Imagine being the victim of fraud. Your bank opens an investigation and comes back with a reimbursement offer, like a partial reimbursement or a goodwill credit. You question the offer and mention that you might escalate the matter to Canada’s independent banking ombudsman. And then, suddenly, the offer disappears.

Canada’s Ombudsman for Banking Services and Investments (OBSI), the national independent body that investigates consumer banking and investment complaints, has flagged this type of scenario as a systemic problem, serious enough to report directly to regulators.

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In its 2025 Annual Report, released March 13, 2026, OBSI described a pattern of banks withdrawing settlement and goodwill offers made to fraud victims who escalate complaints to OBSI, or explicitly threatening to pull those offers if escalation occurs.

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What OBSI’s 2025 report said about bank settlement withdrawals

OBSI isn’t a regulator, but it serves as Canada’s independent external complaints body (ECB) for federally regulated banks. In practical terms, it’s the final stop for consumers who can’t resolve a dispute through their bank’s internal complaint process. Let’s just say its hands are full. In 2025, OBSI, operating in an expanded role, handled more than 26,000 consumer inquiries and over 6,100 formal investigations, nearly double the previous year’s complaint volume.

Fraud was by far the biggest driver of banking complaints. It accounted for roughly one-third of all banking investigations, with fraud-related cases nearly doubling year over year to 1,815. Against that backdrop, OBSI reported three systemic issues to regulators. Two of them have direct implications for banking customers.

First, some banks were wrongly holding customers liable for fraudulent transactions that occurred while the consumer was in the process of reporting the fraud. These are circumstances in which federal and provincial laws and voluntary codes explicitly protect consumers. Second, and more broadly, banks have been found to withdraw or threaten to withdraw settlement and goodwill offers when consumers escalate to OBSI.

OBSIs reporting should serve as a warning signal to regulators that bank conduct is undermining the consumer protection framework and warrants a response.

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Your right to escalate without penalty: what the law says

Under Canada’s Financial Consumer Protection Framework, bank customers have the right to escalate an unresolved complaint to an external complaints body. That right is not conditional on surrendering a settlement offer already on the table. OBSI’s position, as reflected in its 2025 annual report, is that banks threatening to withdraw offers as a condition for staying out of the OBSI process are undermining that framework.

The Financial Consumer Agency of Canada (FCAC), the federal consumer protection watchdog for banks, appeared before the Standing Senate Committee on Banking, Commerce and the Economy in February 2026 and reaffirmed its supervisory role over banks’ complaint-handling obligations. Under the framework, banks must address complaints within 56 calendar days and provide consumers with a final written response.

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Once a bank issues a final written decision, consumers have 180 calendar days to file a complaint with OBSI. OBSI’s investigation is free of charge and independent. And most importantly, OBSI’s own rules do not permit banks to make settlement offers conditional on consumers agreeing not to escalate. In other words, if your bank tells you the offer on the table will disappear if you go to OBSI, they are breaking the rules.

How to protect yourself when negotiating a fraud settlement with your bank

If you’re negotiating a fraud settlement with your bank, start by getting every offer in writing before you acknowledge or respond to it. Verbal offers can be disputed, revised, or withdrawn. If the bank is offering compensation, a goodwill payment, or any other resolution, ask for the details in writing, including any deadlines or conditions attached to the offer.

At the same time, don’t lose sight of your escalation rights. Once you receive a final written decision from the bank, the 180-day OBSI filing window begins. Remember that OBSI investigations are free, independent, and do not require you to obtain legal representation.

A few practical steps can help protect your position:

  • Get every settlement or goodwill offer in writing before responding.
  • Keep copies of emails, letters, and notes from phone conversations.
  • Track the date of your bank’s final written decision and your 180-day OBSI deadline.
  • Document any statement suggesting an offer will be withdrawn if you escalate.
  • Include that documentation in your OBSI complaint if you decide to file.

OBSI can recommend compensation of up to $350,000, but its recommendations are not currently binding on banks. In 2025, nine banking and investment cases settled for less than OBSI’s recommended amount, leaving consumers collectively short over $202,000. OBSI has been working with regulators toward a binding compensation framework, but for now, the process still relies heavily on transparency and accountability.

All of this is why documentation remains your strongest protection. If a bank threatens to pull an offer because you exercise your right to seek an independent review, know that it’s a pattern that Canada’s banking ombudsman has formally flagged for regulators.

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Colin Graves Freelance Writer

Colin Graves is a Winnipeg-based financial writer and editor whose work has been featured in publications such as Time, MoneySense, MapleMoney, Retire Happy, The College Investor, and more. Before becoming a full-time writer, Colin was a bank manager for over 15 years.

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