Consumer complaint received 2021-03-05
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NY
Product: Checking or savings account
Sub-product: Other banking product or service
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
On XX/XX/2021, my Bank of America online banking account was hacked, and the hacker used bill pay on my checking account to pay off two credit card debts : one for {$3000.00} on a XXXX credit card, another one for {$1600.00} for XXXX XXXX credit card. For the past years, I only used my checking account to pay off my credit card with Bank of America only, and they don't find this suspicious at all??? 

On XX/XX/2021 I found out my account balance is nearly {$0.00} and called Bank of America Digital Claim to file a claim. 

On XX/XX/2021, Bank of America denied my dispute, they stated that the computer that was used to make those transactions is the same computer that I used to log in. 

On XX/XX/2021, I faxed a copy of my computer virus scan ( see attached ) with XXXX ( recommended by Bank of America ) to prove that my computer was infected with virus that can remote control my computer. 

On XX/XX/2021 I called back and requested for reconsideration and was told they will need 3 business days to receive and process the fax. On the same day, I called my local police department ( XXXXXX/XX/XXXXin XXXX, New York ) and was told that I will need an affidavit ( fraud statement ) from the bank in order to file for a police report and I have to get the affidavit from the bank on my own. I called digital claim again to request an affidavit, the digital claim representative told me that she submitted the request to get affidavit for me and I will receive it in 3 business days. 

On XX/XX/2021, I called back to check the status on my claim and the affidavit request and was told that they are still processing the claim and they do not have the affidavit yet. The representative told me that she will submit another request to get the affidavit. 

On XX/XX/2021, I called back to check on the status on the affidavit, but was told by XXXX they do not have it yet and will submit another request to get the affidavit and I will have to wait for another 3 business days ( for the third time ). 

On XX/XX/2021, I called back to check on the status on my claim and affidavit. This time, XXXX-the representative was able to message the claim analyst ( why can't the other representative do the same? ) and told me in minutes that affidavit is unwarranted and I don't have the right to get an affidavit to file for police report. The only time I can get an affidavit is when they request for police report ( how does it make sense to anyone? My personal property is lost with the bank, and I don't have the right to file a police report? ). I then asked what if the claim is denied and I want to file a police report to go after the criminals? The representative answered : " all I can tell you is that the affidavit is unwarranted. '' From his previous explanations, that means I will not get the affidavit. 

At this point, the bank is just being unreasonable and irresponsible. Which bank do I have to call 4 times to get an affidavit and not getting it at the end? For the entire time, I did not get a temporary credit. It seems to me that Bank of America claim process is a process to force victims to give up.

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