Consumer complaint received 2020-11-24
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem with a lender or other company charging your account
Sub-issue: Transaction was not authorized

Complaint:
Incident Report # XXXX Bank of America Claim # XXXX This issue is simple. {$2000.00} was wrongfully and illegally withdrawn from my account via two separate ATM transactions, each for {$1000.00}. The first on XX/XX/2020, the second on XX/XX/2020. 

On XX/XX/2020, I spoke with Bank of America in regards to this incident, informing them the transactions were not authorized, and were fraudulent. 

On XX/XX/2020, I spoke with XXXX, a Bank of America representative. She informed me that the two transactions I had complained about where made at the following locations listed below. I was never in those locations and in fact not even in XXXX XXXX on those dates. These withdrawals occurred in the city of XXXX XXXX, in XXXX XXXX County, State of California. I live in XXXX County, and have not traveled to the city of XXXX XXXX at any time during this entire year. 

Nothing was done for me from that point. 

I faxed an Appeal to Bank of America on XX/XX/2020. Attached to this complaint as Exhibit A is the Appeal I faxed on XX/XX/2020 XXXX XXXX. 

I filed an official complaint with the XXXX County Sheriffs Department. Officer XXXX ( XXXX ) took my incident report on XX/XX/2020, at XXXX. 

I followed up on this official police report via email on XX/XX/2020 XXXX. Again I requested Officer XXXX to update me. No update was provided. 

On claimed they have sent my file to escalations on XX/XX/2020. I have not received any updated information from BofA on this. 

On the last call on XX/XX/2020 to Bank of America, their representative claimed they no longer even recognize the incident as existing. 

I have researched the law, and obtained assistance with addressing some of the legal portions of this situation. The Electronic Fund Transfer Act ( EFTA ), protects electronic funds transfers ( EFTs ) in bank accounts. My debit card is protected because it pulls directly from my checking account. Under the EFTA, Bank of America, N.A., had 10 days to investigate my claim and make or temporarily credit my account ( known as a provisional credit. ) They did not do so, and they have since literally erased my claim. 

In compliance with 12 C.F.R. 1026.13, I drafted and mailed a letter so that it reaches the creditor within 60 days after the first bill showing the unauthorized charge. 

The only way Bank of America, N.A. could have reasonably dropped my claim and refused to reimburse me is if I had failed to notify the bank within 60 days after my bank statement was mailed me you listing the unauthorized withdrawals. ( 15 U.S. Code 1693g ). 

IT HAS NOT EVEN BEEN 60 DAYS SINCE THE TWO FRAUDULENT WITHDRAWALS FROM MY ACCOUNT. THUS, BANK OF AMERICA, N.A., HAS NO LEGAL BASIS UPON WHICH TO SIMPLY CEASE RECOGNIZING MY CLAIM AND REFUSING TO PROCEED ACCORDING TO ESTABLISHED PROCESSES AND PROCEDURES WHEN A CUSTOMER REPORTS FRAUD ON THEIR ACCOUNT WHICH HAS OCCURRED THROUGH ONE OR MORE ATMS.

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