Consumer complaint received 2023-03-02
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem making or receiving payments

Complaint:
First and foremost I would like to apologize that I had to start a new complaint as I missed the deadline for responding to the initial complaint I had filed due to other tumultuous personal issues that take precedence. 

This is now my response to the original complaint that the Company in question responded to. The original complaint I am referring to is complaint number XXXX. 

Bank of America as mentioned in my previous complaint fails to review the documents provided to them when making decisions and determinations. 

When XXXX XXXX of Bank of America 's Consumer Protection Bureau reached out to me regarding the transactions from the dispute that I previously filed, namely Claim Number XXXX, I sent her all of the necessary documents. I provided her even with the name of the person who was fraudulently sending out the payments from my account without my authorization. 

In XXXX  when these transactions were occurring, I was living with my then partner who is named in the police report. His name was also provided to the Bank of America specialists who I spoke with. During hours when I would be asleep, he was using my phone to send out XXXX transfers. I did not permit him to do so. I did not authorize the transactions and I definitely did not like waking up to my bank account drained almost every single day. 

I want to also reiterate that there was a police report filed regarding these transactions and I did name the person who was responsible. When I would call the perpetrator my partner, he presumed that meant husband and wrote we were married on the report but we most definitely were not. Multiple police reports were filed against the perpetrator. Until today, he makes attempts to gain access to my accounts. 

In XXXX of XXXX, the representatives at the Bank of America branch in XXXX California on XXXX XXXX and XXXX were stunned to see how quickly the perpetrator would gain access to my account while I was sitting at the branch right in front of them. The mobile banking specialist when seeing what was going on and knowing that I was at the branch speaking to her using the branch phone ended up closing my mobile banking profile and had to close my current bank account of that time and open a new one to ensure he was not accessing my account anymore. 

This information should be thoroughly documented with Bank of America as the specialist made sure to notate every detail. 

What I went through financially was a nightmare, however, it was not as bad as the domestic XXXX I was enduring when I would confront him about the transactions and threaten to call the police or even the bank. 

To get to the main point of my complaint. Bank of America responded to the complaint as though I did not provide any information to them. Perhaps it was my mistake for once again trying to handle the dispute DIRECTLY with them as I knew it would not yield success, however, I was in very bad place at that time and did not know the steps to take to protect myself financially. 

Bank of America responded to my dispute stating that the transactions were made using a token for XXXX XXXX. This was not a fact I denied. Yes, my phone was used by the perpetrator to send payments to an unknown person. Verification codes were sent to the same phone that he had gained access to. Usually at times when I was asleep or did not have access to my phone. There have even been times that he has locked me in a room without my phone while making these UNAUTHORIZED transactions. 

Bank of America responded to my complaint as though I filed a fraud dispute without providing them with the name of the perpetrator, without providing them with a police report and without demonstrating how these unauthorized charges came to be. 

It is always difficult to speak up against abuse, even financial abuse. It is difficult to endanger yourself by naming the perpetrator who has been terrorizing you time and again. This person defrauded me more than I can mention and I repeatedly told Bank of America this, however, they pretended as though they did not hear me. 

Bank of America responded to my complaint and my dispute with ignorance. MULTIPLE representatives of the institution were watching this man attempt to defraud me time and again right before their eyes and then when the time came, The bank acted as though they did not see, watch, hear or understand what my dispute was about. 

As for the other disputes on my account, including the XXXX 's and the check fraud, The XXXX dispute received the same vague response as this dispute did, however thankfully the company who received the car payments was kind enough to refund me those amounts because they understood that I was being defrauded which my bank of XXXX  years did not give me the same courtesy.

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