Consumer complaint received 2023-08-30
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: IL
Product: Checking or savings account
Sub-product: Checking account
Issue: Closing an account
Sub-issue: Funds not received from closed account

Complaint:
We, XXXX XXXX XXXX, and XXXX XXXX XXXX, XXXX  of XXXX XXXX XXXX XXXX XXXX XXXX, XXXX ( an Illinois limited liability company ) ( XXXX XXXX ) by and through its managing members, XXXX XXXX XXXX, and XXXX XXXX XXXX hereby declare and request, that we have not participated in any act aimed at deceiving or defrauding the American Banking System. On the contrary, we have been victims of a network of fraudsters, causing unimaginable damage to our company. 

The purpose of this letter is to provide a detailed account of the events leading to the closure of XXXX XXXX business account at Bank of America ( BOFA ), and the subsequent alert on its financial system. We kindly request that you carefully review the facts presented and take appropriate action to rectify the situation. 

On Monday, XX/XX/2023, our company received a call from a person named XXXX XXXX, who claimed to have found XXXX XXXX and the cleaning services we offer through the internet platform services, XXXX. XXXX XXXX, through both email and later text message requested several services that XXXX XXXX offers and provided an address for the service to be performed. We engaged in discussions regarding the scope of work, provided him with an estimate for services, and agreed upon an ultimate price to provide said services. 

To confirm his legitimacy, XXXX XXXX stated that he was the CEO of XXXX XXXX XXXX XXXX and sent us a check via XXXX as payment for the services. Attached to this letter, you will find copies of all emails and chat conversations exchanged with XXXX XXXX, as well as a copy of the check he sent. 

XXXX XXXX informed XXXX XXXX of the companys standard practice of not providing any services until such time as the payment had been successfully deposited into our account. As you can see from the documents provided, XXXX XXXX assured us that there would be no issue, and as a result, we deposited the check into our account on XX/XX/2023, with complete trust in the transaction. 

Unfortunately, later that day, we encountered difficulties accessing our account through online banking. Alarmed by this, we immediately contacted BOFA and were informed that the check we had deposited was fraudulent, leading to the closure of our account. We were also informed that we would be unable to open a new bank account in any institution for the next five years! We understand that BOFA has the right to close the accounts. While we understand to have the right to request a second change at this moment. 

Since XX/XX/2023, we have made multiple calls to a different department of BOFA and visited our branch office at XXXX XXXX XXXX XXXX in XXXX, Illinois, but we have not been able to find a resolution to this issue. We called many different departments at BOFA to find orientation how fix this situation. On XX/XX/2023, we received a letter from the bank confirming the closure of our account and notifying us of the reporting to your office ( See Closure Letter enclosed ). However, no information was provided regarding the steps we should take to dispute this action, even though XXXX XXXX was the victim of fraud and was not involved, and certainly had no intent to defraud the financial system. In fact, in one of these visits ( XX/XX/2023 ) to our BOFA branch office, the Marketing Financial Center Manager ( XXXX XXXX ) answered us in public with derogatory body language and voice tone : We dont know if you are part of this fraud. It was very humiliating, and it felt discriminatory. We had been doing everything possible to avoid being the victims of fraud. 

On XX/XX/2023, we received a communication from BOFA stating that the check returned for not sufficient founds, but in different calls they informed us other reasons : fraud, fake or stolen check. 

On XX/XX/2023, we received a communication from BOFA stating that XXXX XXXX was not reported in their records or any other financial institution. Despite this communication, we have encountered persistent difficulties in our attempts to open a bank account due to an existing network flag associated with our profile. 

We sent a file on XXXX to BOFA with all the documentation to prove that we were victims in this situation and looking for a second change, but nobody in BOFA answered us about it. We requested our business report to XXXX  XXXX and XXXX XXXX, and they show us that XXXX XXXX doesnt have any alert in their system. We presented a report to FTC ( Federal Trade Commission ) and Police Department. We send a file to XXXX XXXX with all the information for their records, because BOFA insists by phone that we have a red flag, but by letter not. At the same time, we are working to present a complaint to the OCC ( Office of the Comptroller of the Currency ). 

In this point, BOFA has not returned our funds yet ( {$1.00} ). They closed our account the las XX/XX/XXXX. and they informed us about making a check the last XX/XX/XXXX, but we have not received it yet at this day ( more than 60 days and count ). They dont have any USPS number tracking to follow where is this check because it is under {$10.00}. Just informed us by phone that we must wait or in 121 days the check expires, and they will make a new check. In this point, we are not sure if this check was made and sent. At the same time, they keep operative our credit card. 

We want to emphasize that we have no intention or interest in engaging in fraudulent activities within the American banking system. Our utmost priority is to maintain transparent and lawful financial interactions. The repercussions of this incident have had a profound impact on our lives, both financially and emotionally. We have dedicated considerable effort and resources to building our small business and contributing to the growth and prosperity of this country, which we now call home. The events surrounding this fraudulent transaction where we are victims have not only damaged our business credit but have also shaken our confidence and undermined our ability to operate effectively. We cant open a new bank account to operate correctly. This situation has damaged the future of our small business and pushes us to decide to the XXXX XXXX close like small business. But, at the same time, we cant close it until we receive this check. 

For all these reasons, we XXXX XXXX  present a formal complaint to BOFA. Their management in this situation show us how unprofessional is BOFA : 1 ) To many incongruences between they say by phone and their communication letters with different and opposite information, 2 ) they never give us the opportunity to the second change, 3 ) the treatment that we received when we try to find answer and orientation, sometimes was humiliate and felt discriminatory and, 4 ) they dont have any answer to confirm us where is the check with our founds. 

We attached the documentation or evidence to support our case and demonstrate our commitment to responsible banking practices. We kindly ask for your assistance in reviewing our situation. Your prompt attention to this matter would be greatly appreciated, as it directly impacts our financial capabilities to finish this unfortunately situation. 

Thank you for your understanding and cooperation. We eagerly await your response and resolution to this situation. Therefore, we earnestly implore you to review our case thoroughly and consider the undue burden placed upon us. We firmly believe in our innocence and maintain that we have acted in good faith throughout this ordeal. 
We trust that the Consumer Financial Protection Bureau ( CFPB ), as a reputable financial institution, will conduct a fair and impartial investigation into this matter. We are confident that the evidence we have provided supports our claims and demonstrates our innocence in this unfortunate situation. 

We kindly request your prompt attention to this matter and an expeditious resolution to restore our financial stability and allow us to continue serving our community and contributing to the nation 's economy. Should you require any additional information or documentation to support our case, please do not hesitate to contact us at the provided address, email, or phone number.

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