Consumer complaint received 2019-09-26
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Checking or savings account
Sub-product: Other banking product or service
Issue: Problem with a lender or other company charging your account
Sub-issue: Transaction was not authorized

Complaint:
On XX/XX/XXXX/2019 I was a victim of a fraudulent transaction posted to my checking account with Bank of America. Early in the morning, I made an atm cash deposit in the amount of {$21.00} at XXXX XXXX XXXX near XXXX airport. I used my debit card shortly after my deposit and at XXXX PT I made a second cash atm deposit in the amount of {$92.00} at the XXXX XXXX XXXX in Long Beach . When I checked my printed atm deposit receipt, my available balance was showing - {$0.00}, so I went inside of the branch and spoke to a representative who told me to file a dispute and in addition, ask for my deposit to be reversed, so the branch could refund my cash deposit, as they were going to use an internal code to authorize the refund of my deposit due to the fraudulent transaction posted to my account, and so I could take my deposit with my credit union checking account, which was not compromised with fraudulent transactions. I spoke on the phone with XXXX in Florida and he told me that the dispute was placed and a temporary credit in the amount of {$100.00} ( amount of fraudulent transaction posted on my account ) would be posted back to my checking account. I believed that XXXX had also reversed my atm deposit, so the branch manager could refund my deposit, but my account continued showing a negative balance in the amount of - {$0.00}, so I contacted Bank of America 's 800 number again and for the next few days and spoke with several representatives about my temporary credit, however, nothing was resolved. I filed a complaint with the CFPB against Bank of America for the fact that the bank authorized a transaction in the amount of {$100.00} on an account with a available balance of {$7.00} at the time the transaction and the fact that my account is not set for overdraft protection and the transaction should have been declined. I also spoke twice with a Bank of America representative named XXXX on ( XX/XX/XXXX and XX/XX/XXXX ) and XXXX XXXX on ( XX/XX/XXXX ) but still did not get my temporary credit processed. On XX/XX/XXXX I received an email from XXXX XXXX with Enterprise Resolution on behalf of Bank of America, in regards to my complaint with CFPB, however the number and extension provided by XXXX goes straight to a voicemail and does not transfer to a live representative, so my issue continues unresolved. On her email she asks to be contacted no later than XX/XX/XXXX, 2019 and she should be my only point of contact from now on, but I have not been able to reach her, since the calls goes to voicemail. Meanwhile, I continue unable to access my funds from the cash atm deposit in the amount of {$92.00} made on XXXX19 and my available balance shows - {$2.00}. I have received three emails from Bank of America advising me about insufficient funds to my account, however Bank of America is not taking the fraudulent transaction as fraud and they are treating it as a simple dispute and has not issued the temporary credit to my account. 
I was advised by both by XXXX and XXXX XXXX that Bank of America is delaying my temporary deposit due to past dispute transactions on my account. I am being discriminated by Bank of America for having had issues with merchants on the past that required to be disputed and they are not taking the fraudulent transaction seriously. 
I filed an identity theft report with IdentityTheft.gov and the reference number is XXXX.

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