Consumer complaint received 2019-02-04
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem with a lender or other company charging your account
Sub-issue: Transaction was not authorized

Complaint:
This complaint relates to an unauthorized withdrawal from my new checking account, after my checking account number was changed due to theft of my ATM card and a check, that was made by a business without prior notice to me. 

My wallet containing my bank ATM card, bank credit card, a blank check, and driver 's license was stolen from my car on XX/XX/XXXX. I notified the police department promptly on-line and my bank promptly by telephone, to have holds placed on my bank ATM card and credit card, and I changed my bank checking account number at the local branch on XX/XX/XXXX, and received a new ATM card by overnight mail on XX/XX/XXXX. 

On XX/XX/XXXX, and without prior notice to me, XXXX withdrew {$100.00} from my NEW bank checking account for a purchase I supposedly made on XX/XX/XXXX, even though I never have used XXXX or had a XXXX account. I called my bank and was told XXXX likely got my new checking account number from VISA because my ATM card also is VISA checkcard. I disputed that {$100.00} withdrawal with my bank, and the bank told me a new ( third ) bank ATM would be mailed to me and the other ATM card sent to me on XX/XX/XXXX, would be closed because the bank can not prevent XXXX  from misusing my account information for my new checking account through that new ATM card. The bank also asked me to dispute the {$100.00} withdrawal with XXXX. I did ask the bank representative if my new, third, ATM card can be just an ATM card and not also a VISA check card, but she said the only way I can go that is to go to the branch to make a specific request to unlink my bank account from any VISA checkcard. 

I then called XXXX at XXXX to dispute the unauthorized withdrawal of {$100.00}, and I was told the withdrawal is for DVDs that I reportedly rented on XX/XX/XXXX, but did not return. I informed XXXX that I did not rent any DVDs ever and my bank ATM card had been stolen on XX/XX/XXXX. I also told XXXX that a temporary withdrawal of {$4.00} had appeared in my on-line bank account statement for a DVD rental on XX/XX/XXXX, but that temporary withdrawal disappeared from my ongoing on-line bank account statement after I reported the theft of my bank ATM card. ( I have a photograph showing that {$4.00} temporary charge, but that {$4.00} temporary charge now does not show in my checking account history, unlike another withdrawal at a market for {$26.00} that I disputed and then got a credit of {$26.00} from the bank ). XXXX said it would investigate the matter, but I have heard nothing from XXXX since then. My bank did issue a temporary refund to me of {$100.00} on XX/XX/XXXX, but as far as I know my complaint about this unauthorized withdrawal remains pending and the status of the {$100.00} refund has not changed from temporary. 

XXXX should not be permitted to obtain my new checking account information from VISA or my bank, and to make unauthorized withdrawals from my checking account, without both prior notice to me and my consent, and particularly when I already had reported an unlawful rental using my bank ATM card and the temporary charge of {$4.00} to my bank account had been voided. XXXX apparently knew that {$4.00} rental was fraudulent. Moreover, VISA should not be permitted to give my new checking account number to any business without both prior notice to me and my consent. There should be a dispute period where I can dispute a proposed withdrawal from my checking account BEFORE VISA is allowed to give my new checking account number to XXXX  or any other business for the purpose of taking money from my checking account without my consent or even my knowledge. 

I note that on XX/XX/XXXX, unauthorized DVD rentals of using my stolen XXXX  MasterCard credit card ( which is unaffiliated with my bank and was also in my wallet ) also were made, but these authorized DVD rentals did appear in my credit card on-line statement immediately, and I did dispute them with both XXXX and XXXX on or about XX/XX/XXXX or XXXX, and those unauthorized credit card charges were reversed by XXXX promptly. XXXX then also attempted to charge my NEW replacement MasterCard credit card {$74.00} on XX/XX/XXXX, for the cost of those rentals that apparently were not returned, but I also disputed that {$74.00} charge with both XXXX and XXXX and got an immediate charge back of {$74.00} that same day. I ended up cancelling that XXXX MasterCard to prevent XXXX from trying to bill me again for those unauthorized charges in any new third MasterCard.  Apparently there is no way for me to stop XXXX from charging me, or taking my bank account money, for things I did not rent or purchase once someone else steals my ATM card and credit card to make fraudulent purchases.

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