Consumer complaint received 2023-01-14
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Banking errors

Complaint:
On XX/XX/XXXX, XXXX mobile deposits of {$500.00} each posted to my personal B of A XXXX  XXXX Banking account ending XXXX. The mobile deposit consisted of bill pay check numbers XXXX and XXXX paid from XXXX XXXX XXXXs account ending XXXX. 
XXXX year later, on XX/XX/XXXX, the same checks were stolen from me and fraudulently re-presented and paid from business account ending XXXX. However, on XX/XX/XXXX, B of A recognized the fraudulent duplicate presentment for check XXXX and credited {$500.00} back to the business account. The other check was allowed to go through even tho i called BofA the next day on XX/XX/XXXX to dispute the above referenced duplicate debit of {$500.00} from my business acct and requested a stop payment. On XX/XX/XXXX, after further review of my personal account ending XXXX, a debit adjustment of {$500.00} was made by BofA for duplicate presentment of check number XXXX. 

There was no duplicate deposit of {$500.00} from check XXXX made into acct XXXX. 

Here 's BofA 's response : By enrolling to use the Bank of America XXXX XXXX XXXX XXXX, you agree to the terms and conditions contained in our Mobile Check Deposit Agreement ( the " Agreement '' ). In accordance with the terms of the XXXX, once checks have been deposited, the customer is responsible for safeguarding checks or destroying them. In the XXXX under the section titled Handling of Transmitted Items, you agree not to allow the transmission of an image of an item that has already been presented more than once, whether by image or by any other means. If any item is presented or deposited more than once, whether by image or by any other means, we XXXX, at our discretion, reject or return it and charge it against your account without prior notice to you. Additionally, the XXXX states that you agree to retain the item for XXXX calendar days from the date of deposit acknowledgment, thereafter to destroy any item of which you have transmitted an image. Furthermore, if an XXXX of an Item has been transmitted to us or to any other bank, you will not allow the Item to be subsequently presented by any other means. If any item is presented or deposited more than once, whether by XXXX or by any other means, we XXXX, at our discretion, reject it or return it and charge it against your account without prior notice to you. 
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You can access the Agreement with your mobile device by logging into your account and selecting Help, Account Features, and Mobile Check Deposit. 
We are unable to re-open your claim at this time. If you wish to continue your dispute, please contact our XXXX XXXX XXXX team at XXXX, Monday through Friday, XXXXXXXX XXXX to XXXX XXXX. XXXX. 

XXXX seeking the return of my {$500.00} which BofA was negligent in allowing it to be paid. The check was way out of sequence with other checks since it was from XXXX year prior, the check itself was torn and tattered and the word " deposited was clearly written across the face of the check. At the time of this fraud, we know that BoA had a program in place to identify duplicate/fraudulent checks because they detected fraud on check XXXX. Why didnt their software also recognize the second duplicate ( XXXX )? 
Its inconsequential because I personally called them the next day to report this. I requested a stop payment on the check apparently to no avail, as they still allowed that check to clear. 
I have been a loyal BofA customer for something like XXXX  years and during that time I have never had a check fraud incident. The notion that I was careless with my banking paperwork is absurd. I do have a cleaning crew that comes twice a week to my home. The staff changes constantly. Its quite possible that the old checks were stolen from my desk when I was out of the office. 
But this is clearly a case of BofA having failed to exercise ordinary care in paying the instrument and that failure substantially contributed to the loss, see id. XXXX ( b ).. 
BoA has also violated its duties under XXXX. XXXX and XXXX ( the provision governing when items are properly payable ) Both checks XXXX and XXXX were duplicates and had already been presented for payment. Therefore they had no value and were not properly payable.

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