Consumer complaint received 2023-10-16
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Prepaid card
Sub-product: Government benefit card
Issue: Problem with a purchase or transfer
Sub-issue: Card company isn't resolving a dispute about a purchase or transfer

Complaint:
Someone filed for EDD benefits under my social security number. I notified Bank of America as soon as I knew of the fraudulent activity in my name. At the time, Bank of America failed to file a claim for the benefits paidout through EDD. I was told to contact EDD and the benefits would be repaid to me directly, which they were not. Over hundreds of phone calls made to EDD and Bank of America between XXXX XXXX, and I have still not received the benefits that should have been paid to me on my unemployment insurance claim. On XX/XX/XXXX, EDD finally gave me the correct answer to reclaiming the benefits paid to the fraudulent person and that was to deal with Bank of America. On XX/XX/XXXX I filed a claim with Bank of America because they had not originally regarding the fraudulent activity. Bank of America then broke up the claim into four separate individual claims because the fraudulent person had requested different ATM cards over the time span of the claim. Three of the claims have been approved and one claim has not been. The one claim that has not been approved is for a total of XXXX. The other claim amounts were {$2100.00}, {$2400.00} and one {$5000.00} electronic bank transfer. All claims were originally denied multiple times before 3 of the 4 claims were approved. During that time Bank of America new of the fraudulent activity yet because of a error in the EDD system, My correct address was never updated and is still yet to be updated in Bank of Americas system. So every time there was an update on the claim or the claim decision, they were sending my personal information to the fraudulent persons address. This continues to happen over and over again despite notes that have been put on the account by Bank of America managers/ supervisors . The claims originally were denied for being more than 365 days old. Which unfortunately, because I didn't know about the fraudulent activity right away, I couldn't file a claim. And if Bank of America had filed a claim originally when I notified them in XXXX of XXXX, the claims would not have fallen outside of the 365 day window. The Second time the claims were denied I was told because there were transactions on the debit card after I had notified them of fraudulent activity. Which supervisors at Bank of America have verified that there were no transactions after the fraud was reported. It is now been over a year Calling XXXX times a week for status updates on the claim and it is now been escalated to the point where Bank of America has no time frame on when the claim will be decided upon. It goes months in the investigator 's hands with no update. As of today XXXX XXXX XXXX, I was told the last time the investigators left a note on the account was early XXXX. I feel like I have been stonewalled in getting any sort of resolution and reclaiming the EDD benefits that should have been paid to me. EDD has reported to the internal revenue tax offices that I received these benefits and I have received letters requesting that I pay the taxes on such benefits that I did not receive. I've requested for documentation from Bank of America on why the three other claims were approved, and was told that they are not allowed to give out the information on how the claims were approved and or why. I've tried to seek legal counsel but have not been able to find a lawyer or an attorney that knows how to go about dealing with Bank of America and resolving this issue. I've done everything Bank of America has asked, sending in a statement of fax, original police report numbers from when I found out about the fraud, copies of my driver 's license. with EDD, I jumped through multiple hoops and rings of fire verifying my identity, sending in copies of bills and bank statements and sworn affidavits verifying I am who I am. Going through the appeals court and even doing a live ID me interview proving I am who I am. I know this is long-winded but that is the short version of my problems with Bank of America XXXX I hope that you're able to provide assistance and resolving this issue and coming to a resolution with Bank of America. Thank you for your help.

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