Consumer complaint received 2022-07-11
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NC
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
I received a letter by XXXX on XX/XX/XXXX that was dated XX/XX/XXXX stating my account was debited {$10000.00} because a check was made payable to a signer not on my account. The letter also said the check was deposited into an ATM. The first thing I did was check my wallet and realized my ATM card was missing. I then tried to log into my online banking account but couldn't because the account was frozen/on hold/process of being closed. 

I called attempting to find out was going on, but that was absolutely no help. The first rep stated she couldn't help me with the check deposit, but that my account was being closed as a risk based closure. She also sounded like she was half sleep and clearly needed to change her smoke alarm batteries. ( Unprofessional ) Ok ... no help. 

I'm transferred to customer service and this rep was much better, but still no help. She did advise that the account was being closed because of this check. I had a payroll check being direct deposited on the next day, so she transferred me to risk to see if they could release my funds. 

Risk was also no help. They advised they would not release the direct deposited funds and that I needed to file a fraud claim. They said they could not see why my account was closed only that it was based on risk. LIE. Especially since the previous representative stated it was because of the check. 

I called the fraud department, and this is where I got the most help, but still not much. There were multiple transactions not authorized by me and nobody is authorized to use my card. XXXX {$1900.00} transactions and a {$3700.00} teller withdrawal. There were more, but I don't have access to my statements or transactions as the bank disabled my online banking. So now I actually have no idea all of the transactions that took place on my account. I explained that I realized the card was missing once the letter came in the mail saying a check was deposited into the ATM. None of this mattered. The bank denied my claim. No follow up asking what happened or anything. 

The letter I received from the bank states the fraudulent check was deposited on the XXXX, but all the transactions took place on the XXXX according to the representative from the Fraud Dept. So, I am questioning why would the bank approve these transactions when there weren't much funds in the account? I really would like to review these transactions myself because speaking to the reps over the phone is so confusing and frustrating as it seems nobody really cares. 

A simple camera pull from the ATM transaction and teller withdrawal would prove that I did not make these transactions and I'd be prepared to move forward with criminal charges against whoever it was. I did not give anyone authorization to make these fraudulent charges as the bank states and I sure didn't make them myself. This is just their excuse to not cover the charges. 

My actual check that was direct deposited into my account on XX/XX/XXXX was taken by the bank and they will not release my funds. So now I have no bank account, a negative balance resulting from fraud, inaccurate/negative reporting as they stated the closure will be reported to XXXX, and I'm without my check that I worked XXXX weeks for. This was my check to get me out of the hole, but not only am I victim of fraud, I'm a victim of big banks because they won't release my funds and approve a claim that is clearly fraud against me. 

Bank of America is violating Reg E from their inaccurate claim review process. They advertise {$0.00} fraud liability, but when you're a victim of fraud they do not honor that statement. And I see that from my own personal case and the MANY reviews online. 

They are violating FCRA by furnishing inaccurate negative information about my checking account. If it does not say account was closed due to customer was a victim of fraud, then it's inaccurate. And there are several UDAAP violations as the banks failure to properly review my claim has caused me significant monetary and non-monetary harm. The bank also approved over {$5000.00} in transactions when there were only a couple of XXXX dollars in the account, negligence on the banks part!

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation