Consumer complaint received 2022-09-29
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
XX/XX/XXXX - Received a welcome letter from Bank of America addressed to me congratulating me on my new car loan in the amount of {$140000.00} and notifying me of a monthly payment of {$2200.00}. I never initiated a loan application with Bank of America and had no intention of purchasing a vehicle for that amount, ever. Called Bank of America at XXXX and explained the situation five different times as my call was transferred to different individuals. I was able to learn that the vehicle had been purchased at XXXX XXXX XXXX in XXXX, Oregon. This is especially troubling since I live in Texas. In my conversations with various individuals at Bank of America I was able to also learn that they had my social security number correct, but an old land line phone number from 12 years ago and a fake e-mail address. I was finally transferred a sixth time to a " concierge '' who collected information such as my name, account number, and a description of my issue. XXXX assured me I would hear from B of A within 24-48 hours. I never heard back. At this point I put a freeze and fraud alert on my credit report with all three bureaus. 

XX/XX/XXXX - I filed a police report with my local sheriff 's office by phone and shared all of the details I had, including the vehicle VIN which the Bank of America team shared with me. The vehicle was identified as a XXXX XXXX XXXX XXXX listed in Oregon as XXXX in dealer stock '' according to the officer who took my report. 

XX/XX/XXXX - Went to my local police department and filed a report in person and delivered copies of all documentation I had, including a carbon copy of a Retail Buyer 's Order form from XXXX XXXX XXXX with a fraudulent signature and the signature of a dealer representative. Of note, the " Driver 's License '' field was left blank on this form. 

XX/XX/XXXX - ( on or about ) Received a bill in the mail for {$2200.00} due XX/XX/XXXX from Bank of America for this fraudulent car loan. 

XX/XX/XXXX - Called Bank of America at XXXX and spoke to a representative in their loan department who identified himself as XXXX XXXX XXXX XXXX again took my information and indicated that no action had been taken on my fraud claim made on my previous call. He created a new report that included a Loan Discrepancy Number. Again, he indicated that in addition to notifying his manager " XXXX XXXX '' that I would be contacted in no more than 24 hours. No call or contact came. 

XX/XX/XXXX - Again called Bank of America once the 24 hours had elapsed. I asked to speak to XXXX XXXX but was told he was not available. Instead, I was assisted by XXXX XXXX I asked to speak to a supervisor and was told that her supervisor, XXXX XXXX, was not available. XXXX XXXX assured me that I would be contacted later that day given the urgency of the matter and the importance Bank of America placed on integrity. I was never contacted. 

XX/XX/XXXX - ( on or about ) I received in the mail a " Uniform Affidavit for Identity Theft '' and a " Denial of Financial Responsibility '' form along with instructions to complete my claim. This letter was dated XX/XX/XXXX. 

XX/XX/XXXX - I completed the forms per the instructions ( copies attached ) and signed in the presence of a notary who validated my identity. Along with the completed forms I mailed a copy of my drivers license, social security card, and latest police report dated XX/XX/XXXX. All forms were sent in a single package via XXXX XXXX XXXX XXXX XXXX. 

XX/XX/XXXX - The Domestic Return Receipt for my XXXX XXXX XXXX package containing the above documentation was delivered to my address. It indicated that the package had been received on XX/XX/XXXX and was signed " Received by '' XXXX XXXX. 

XX/XX/XXXX - ( on or about ) I received two letters at my home address from Bank of America on the same day. The first was dated XX/XX/XXXX indicating that " based on the documentation and/or information received, we have denied your claim. '' The second was dated XX/XX/XXXX indicating that " We've received your request to re-evaluate your identity theft dispute. '' Aside from these two letters I had not received any correspondence, phone, e-mail or otherwise, since XX/XX/XXXX. I never initiated a request to re-evaluate the identity theft dispute as I had never received any indication prior to this day that it had been denied. 

XXXX/XXXX/XXXX - ( on or about ) I received a second bill for this fraudulent loan account indicating an amount past due of {$2200.00} and a current payment due of {$2200.00} for a total due of {$4500.00}. 

XX/XX/XXXX - Called Bank of America at XXXX, the number listed on the letters dated XX/XX/XXXX and XX/XX/XXXX, and asked for extension XXXX as indicated on the letters. I was transferred to a voice mail box of XXXX XXXX. I left a voice message including my name, case number, and phone number as well as request to call me back regarding my fraud claim. No call-back was ever received. 

XX/XX/XXXX - I received a letter at my home address from Bank of America dated XX/XX/XXXX stating " We've completed our research of your identity theft claim and based on the documentation and/or information received, we have denied your claim. ''

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