Consumer complaint received 2023-05-25
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement
Sub-issue: Card was charged for something you did not purchase with the card

Complaint:
My wallet and one XXXX were stolen on XX/XX/XXXX in XXXX XXXX. Within one hour, the incident was reported to the XXXX XXXX Police Department. As I was filing a police report, I received XXXX notifications indicating that the stolen card ( ending XXXX ) had two transactions from XXXX ( {$3600.00} each ). Report stolen and unauthorized transactions to BOA immediately. File claim XXXX. 

XX/XX/XXXX - BOA denied the claim, stating that the merchant provided documentation confirming receipt of the merchandise. Continually contacted BOA to request documentation and reopen the claim. Furthermore, I called the XXXX XXXX Police Department and spoke with XXXX XXXX, who advised me to file an ID theft report through IdentityTheft.gov since the theft appears to have obtained my identity information. 

Having not received the requested documentation for months, I called BOA repeatedly in XXXX and XXXX to request it. 

XX/XX/XXXX - Received mail from BOA and contacted them to provide solid evidence of unauthorized activity. The fax number XXXX was given to me and stated that it was the only way to send my response. I prepared a statement of myself, including a police report and ID theft report with the following evidence : XXXX ). The merchant provided an IP address of XXXX, but the only IP addresses associated with me are XXXX and XXXX ; XXXX ). XXXX has discontinued the email address by XX/XX/XXXX ; XXXX ). I don't recognize the foreign language the merchant used in communication with their customers ; XXXX ). The merchant stated that the transaction was for a XXXX game. According to research, 99 % of XXXX games must be downloaded when the user is physically in XXXX. I've not traveled outside the XXXX for 10 years. 

XXXX ). A signed handwritten form with my driver 's license and credit card in a photo. It is easy to do so for anyone who steals my wallet. However, the handwriting is not mine. I provided my signature and also handwritten to BOA against the transactions. BOA should have my signature on file, but lacks the responsibility to verify it ; XXXX ). Not to mention the thief signed as XXXX, which I never used. 

I've faxed all the above documents to the BOA fax number more than XXXX times. 

XX/XX/XXXX - I filed a complaint through CFPB ( XXXX ) against BOA. 

XX/XX/XXXX - got a phone call from BOA saying denial of my claim based on merchant documentation again. I disputed it and reclaimed all evidence above on the phone. The XXXX changed the tone saying they never received my faxed documents. Confirmed the fax number again and the XXXX stated that she would not close the claim until they collect and review my side of the evidence. However, as soon as the phone ended, I received another notification through BOA stating the claim had been closed ( the second time ) based on the merchant 's documentation so I need to be responsible for the balance. Filed another CFPB complaint ( # XXXX ) against this unprofessional behavior. 

XX/XX/XXXX - Called BOA again to check on the status, but no one could assist me beyond asking me to just pay the balance. I asked for a supervisor. They gave me a non-working number XXXX. I filed the latest CFPB complaint ( # XXXX ). 

XX/XX/XXXX - Received another letter from BOA again denying the claim despite the fact I've provided the above solid evidence showing I am not the person who made the transaction especially since the handwriting is clearly not mine. I never received any communications from BOA, nor did I speak to any supervisors. Requested a reopening of the claim. 

I've tried to communicate with BOA peacefully. I would like BOA to review the evidence I provided. If they did so, they would know I was not the person making the transaction. I am contacting the attorney CFPB referred if BOA keeps been ignorance to the evidence.

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