Consumer complaint received 2021-06-28
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
I would like to file a complaint against Bank of America as I believe they failed to protect me from fraud and theft from my accounts and deny their responsibility in the matter. 

I resided in the XXXX on a non-immigrant XXXX XXXX until XXXX, XXXX. During this time, I lived at XXXX XXXX XXXX XXXX XXXX XXXX, XXXX TX XXXX. I have a checking account ( where my paycheck was regularly deposited ) and a savings account with Bank of America. 

I stopped working in the XXXX in XXXX, XXXX ( after which the regular paycheck deposits stopped ) and have been residing abroad mostly in XXXX, XXXX since. I visited the XXXX briefly in XXXX, XXXX but I have not been back to the XXXX since ( due to the COVID restrictions on entries by foreign citizens, I would not have been able to return even if I had wanted to as my XXXX  has expired ). After I left the XXXX, I stopped using the debit card and obviously there were no more deposits made into the account. 

On XX/XX/XXXX, I received an email from Bank of America alerting me about a few unusual purchases made on my account. The email was actually sent on XX/XX/XXXX, but due to the time difference, I received it on the XXXX. When I checked my account, I found out someone transferred {$8000.00} from my saving account to my checking account and started to use my debit card. Bank of America found these purchases suspicious, which they of course were. I called the bank and locked the debit card associated with the account. Bank of America then stated they would send a replacement card, which I warned against as I am not in the XXXX, and this would leave me vulnerable to further theft. 

The debit card to this account which I had in my possession expired in XXXX. After I found out about this fraudulent activity on my account, I searched through old emails and found an email in my spam folder from Bank of America dated XX/XX/XXXX letting me know that they sent me a new debit card to the above XXXX address. It would appear that this card was stolen and illegally activated by an unknown individual who then spent a total amount of {$10000.00} from my checking account, including the amount transferred in a Teller-assisted transfer from my savings account. 

As the attached list of transactions shows, most of the illegal purchases occurred in half square mile radius, namely XXXX XXXX, XXXX, TX XXXX. Surprisingly this is the exact location of Bank of America XXXX where I opened my BOA account in XXXX. The card was used XXXX XXXX XXXX TX, XXXX XXXX # XXXX XXXX XXXX XXXX XXXX, XXXX XXXX TX. and at XXXX 2 times. The XXXX was also used in XXXX XXXX XXXX TX, is only XXXX miles away. XXXX at XXXX XXXX requires membership which I have never had. 

During the phone call with the BOA operator on XX/XX/XXXX we went through all the fraudulent purchases that already happened and the bank reimbursed me XX/XX/XXXX. I transferred all my money to my savings account to make sure the debit card attached to my checking account could not be used to spend more money. 

Then suddenly on XX/XX/XXXX all reimbursement been revoked. Bank of America wrote me : The charge was authorized by you or by someone else who has permission to use the card or the account. Bank of America disclaimed all responsibility. 

I asked Bank of America to investigate this matter, re-iterating that I had not been in the XXXX since XX/XX/XXXX. At their request, I faxed my and my wifes XXXX forms to them. Despite this, they continued to insist that I or a family member must have been the XXXX to make these purchases. 
This is nonsense. I did not at any time use ( or even have possession of ) this card after I left the XXXX. 

I, of course, did not receive the debit card that was used XXXX was XXXX mailed, there is obviously no way for me to know ). I did not activate this card or ask anyone or pay anyone to activate it. I do not understand how it could have been activated as I did not provide anyone with my Social Security number or my PIN number. I have no family members residing in the XXXX and no family members could have accessed this account. I did not use this debit card or account to make any purchases during the time period in question nor did I ask anyone or pay anyone to make such purchases. 
Bank of America promises to protect its account holders from fraud and theft in cases like this but has failed to do so even after they received proof that I could not have made any of these transactions and purchases, as I was not even present in the country. 

Furthermore, this whole fraudulent shopping spree started with the teller-assisted transfer from my savings to checking account, during which the Bank of America associate evidently failed to exercise due caution and verify the identity of the person who used my stolen debit card ; they could have clearly seen that the account had no regular activity for over 2 years. 

I filed a report with XXXX XXXX XXXX XXXX XXXX, TX online, Ref # XXXX. 
I also already reported to identitytheft.gov case number # XXXX. 

I am happy to provide any additional information/proof required, including photograph of myself if necessary. 

Sincerely

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 monetary relief