Consumer complaint received 2023-04-25
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NJ
Product: Money transfer, virtual currency, or money service
Sub-product: Mobile or digital wallet
Issue: Fraud or scam

Complaint:
My wife, XXXX XXXX, received a job offer from a company named XXXX XXXX in early XX/XX/XXXX. We researched this company and it appeared legitimate so she confirmed employment through XXXX XXXX XXXX as instructed. She was in contact with a XXXX XXXX multiple times over several days via the XXXX XXXX and direct conversations over the phone. He overnighted a check # XXXX dated XX/XX/XXXX from XXXX XXXXXXXX XXXX XXXXXXXX XXXX IL from a company called XXXX XXXXXXXX XXXX XXXX XXXX, MN for {$4800.00}. She direct deposited it to our Bank of America ( BOA ) checking account on XX/XX/XXXX and she was to XXXX 3 transacions of {$1000.00}, {$2500.00}, and {$1000.00} to 3 different emails for vendors to purchase computer hardware and software. Doing what we believed was due diligence, we contacted BOA afterwards and was told that the check was fine and not fraudulent. They later informed us that the check had cleared so we did the 3 XXXX transactions through the Bank of America site. XXXX immediately received a text from Bank of America that the check was fraudulent and to call them. 
XXXX at BOA answered from the fraud department and suspected a fraud due to " tokens '', etc. and flagged all XXXX transactions to be frozen and not to be completed. She assured us that no funds would be transferred from our account. She also advised calling human resources at XXXX XXXX. 
XXXX was told by XXXX XXXX that there is no record of her getting employment and that 6 other people that week had been similarly defrauded. 
The next day we called BOA to confirm that XXXX 's assurance was correct. He initially said that the {$1000.00} was going out but then said that he was looking at the wrong page and that there was an updated second page stating that it was not going out and apologized for upsetting XXXX and assured us that nothing was going out. 
The next day we noticed that one of the three XXXX transactions had been completed to a XXXX XXXX for {$1000.00}. Then the original {$4800.00} was removed from our account by BOA leaving us down the {$1000.00} that was XXXX  resulting in multiple overdrafts from our checking account that we use for daily life. 
We contacted the F.B.I. who recommended completing an I.C.3 complaint referral form. 
We spoke to someone at BOA who said that because the bank deemed the check fraudulent that we had a very strong case and should file a BOA claim. Which we did. 
Approximately 7-10 days later we received a denial letter on our BOA claim. " The transfer posted to the requested account according to intructions provided. We were unsuccessful at recovering the funds on your behalf ... '' This is when the frustrating interactions of conflicting information and illogical responses with BOA began. 
We called the " we're here to help '' BOA number and was told initially that these decisions are never overturned but since we were told misinformation from BOA that it will be resent to the auditor and we will be contacted in 48 hours. Also that we should submit the IC3 complaint which we now did on XX/XX/XXXX. 
A week went by without any contact from BOA as promised so we called back. 
We were told contradictory information from the original BOA employee. 
Over multiple calls to BOA employees, supervisors, fraud departments, XXXX fraud, etc. over multiple weeks we were told everything from : the funds were frozen but one slipped through ; unapproved claims are never overturned ; XXXX transactions are instantaneous and can not be reversed ; no explanation why then 2 of the 3 were frozen and held ; no explanation why a fraud text to call back is sent if instantaneous and can not be reversed ; that we approved the XXXX transactions ; that if we read carefully it states that BOA is not responsible for XXXX even though it is promoted on their site ; we acknowledge everything you claim in terms of fraud and freezing but can not do anything. XXXX argued that there is a difference between fraud and scam and this is scam not fraud despite BOA and FBI referring to it as employment fraud. 
On XX/XX/XXXX XXXX received a missed call voicemail from a XXXX XXXX, BOA executive escalation group, XXXX XXXX. After a few episodes of phone tag between XXXX and this XXXX, XXXX called BOA and was told there is no record of her as a BOA employee. 
We have been with Bank of America since it was XXXXXXXX XXXX in XXXX.

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