Consumer complaint received 2022-10-23
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: AZ
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
REQUEST FOR RECONSIDERATION XX/XX/2022 TO : Bank of America Fraud Department Fax : ( XXXX ) XXXX FROM : XXXX, AZ XXXX Phone : OVERVIEW : I request reconsideration of the initial denial of my fraud claim, # XXXX, which I filed on XX/XX/2022 after transactions unauthorized by mei.e., without my permission and unbeknownst to XXXX made by third parties to steal money from my Bank of America XXXX BoA XXXX checking account and via my BoA credit card. Federal lawe.g., Regulation Erequires BoA to reimburse me for such unauthorized transactions. 

Below, I provide a narrative of the fraudulent activity occurring on XX/XX/2022, as well as an account of what has since happened between me and BoA regarding my claim. I also note that I reported the third parties fraudulent activities on the day they occurred and, thus, provided timely notice of the fraud. Additionally, it is worth noting that I have a three-decades-long and spotless history with BoA. 

FRAUD CLAIM : Fraudulent Activity On the morning of XX/XX/2022, I made two phone calls to ( XXXX ) XXXX to inform XXXX ( XXXX ) that I was receiving packages that I had not ordered. Neither call was answered. Thus, I googled Amazons customer-service number, and my search returned the number ( XXXX ) XXXX. 

I dialed the latter number at XXXX. The person who answered purported to be an XXXX representative, and he explained that he would refer my complaint about the unordered packages to the appropriate department, after which another XXXX representative would call me. 

I received a telephone call at XXXX from ( XXXX ) XXXX. This caller also purported to be an XXXX representative, and I explained to him the issue about receiving unordered packages. At no time did I provide any information regarding my BoA checking account or credit card, as such information had nothing to do with the issue I was attempting to bring to XXXX attention. 

Moreover, I became suspicious of the caller once he mentioned that I needed to go to XXXX to buy XXXX gift cards. In fact, I decided to drive to a nearby XXXX to ask them if they had received such requests before and to alert them that this caller was likely attempting to involve them in fraudulent gift-card activity. Once there, I talked with a cashier, who thought it was a good idea to check with my bank just in case the caller was up to some other type of fraud. 

I drove to my BoA branch, which was also nearby. There, I learned that third parties had made an unauthorized transaction on my credit card and made a series of unauthorized electronic transfers of money out of my checking account. I tried several times to contact BoAs Fraud Department by phone, but no call was successful because I did not have a good connection at the bank. Finally, I used my bankers desk phone to report the fraud and make a claim. My banker also helped me to close my BoA credit-card and checking accounts to prevent further fraud. 

Post-Claim Events Since XX/XX/XXXX, I have attempted to obtain copies of all relevant documents related to my BoA accounts and the fraudulent transactions on numerous occasions. This has often involved waiting two or more hours on the phone to be connected to BoAs Fraud Department, to no avail. 

I eventually received a letter from BoA denying my fraud claim. In the denial letter, BoA alleges that an authentication code [ was ] sent to a valid phone number belonging to a signer on the account, seemingly in connection with authorizing the fraudulent transactions. However, on XX/XX/XXXX, I did not request any such authentication code, nor did I receive XXXX on my cellphone ( the only electronic device I use, and the only phone I have ) and, consequently, I could not have responded to any supposed authentication-code request. In short, I did not authorized the electronic transfers of money out of my BoA checking account, nor did I authorize the cash-advance transaction on my BoA credit card. 

The denial letter also stated that I have the right to request the documents [ BoA ] relied on in making [ its ] determination and that BoA would mail the information to [ me ] for [ my ] records. On XX/XX/2022, I called BoAs Fraud Department to request these documents. A BoA agent from the Fraud Department said that he would call me back regarding the documents. He never did. 

On XX/XX/2022, I again called BoAs Fraud Department. Instead of agreeing to provide copies of the relevant documents, this BoA agent suggested that I file a request for reconsideration. I do so here, while noting that I do so without any being able to specifically respond to BoAs supposed evidence of authorization given that I still have not been provided with the relevant documents. 

On XX/XX/2022, I reported the third parties fraudulent activity concerning my BoA credit card and checking account to the XXXX Police Department ( police report # XXXX ). 

CONCLUSION : I request that the denial of my fraud claim be reversed. Pursuant to federal law, I am entitled to relief for the monetary losses I suffered as a result of the third parties fraudulent activity with respect to my BoA checking account and credit card. 

If, on the other hand, BoA continues to refuse to make me whole for the losses caused by the unauthorized transactions on my BoA accounts, then I demand, again, that BoA mail me all the documents BoA relied on to conclude that I purportedly authorized the third parties fraudulent activity ( relatedly, this letter also serves as a notice of litigation hold in relation to future legal action ). 

Thank you for your reconsideration of my claim. 


Signed : Date : _____________________________ ______________________________ I believe these unauthorized transactions total {$3400.00} with respect to my BoA checking account and {$1500.00} with respect to my BoA credit card. However, I have been unable to definitively determine the extent of the fraudulent activity because BoA has not provided me with the necessary documentation even though I have requested it numerous times. 

In addition, a call came in at XXXX from ( XXXX ) XXXX, which I did not answer. A text had been sent from the same number at XXXX asking if I had purchased the gift cards yet. 

I have requested copies of all relevant documents regarding my claim and I have not received any.

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