Consumer complaint received 2021-07-23
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NY
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
My wallet was stolen in XXXX of XXXX. On or about XX/XX/XXXX, and XX/XX/XXXX, at the Bank of America located in XXXX, New York, an unknown individual ( unknown to myself ; however, Bank of America is in sole possession of any and all video footage that would assist to identify the individual ) deposited fraudulent checks into the account of XXXX XXXX through the ATM located there, in the amounts of {$1200.00} and {$1800.00}, respectively, using my stolen Debit Card and PIN ; Before these checks were identified as fraudulent, this same individual, or others acting in concert, withdrew {$200.00} from my account on XX/XX/XXXX and {$600.00} on XX/XX/XXXX, using the aforementioned Debit Card and PIN. Again, Bank of America is in sole possession of any and all video or other footage that would have captured the identity of this individual ( s ) ; Thereafter, this same individual, or others acting in concert, proceeded to withdraw {$200.00} in two separate transactions on XX/XX/XXXX at a XXXX XXXX XXXX XXXX store located in XXXX XXXX, New York ; Not surprisingly, these amounts total just under the amount ( {$1200.00} of {$1200.00} ) of the fraudulent check deposited on XX/XX/XXXX ; On or about XX/XX/XXXX, Bank of America identified the fraudulent check deposited on XX/XX/XXXX as such, and removed the funds from my account ( On XX/XX/XXXX, the same action was taken as to the XX/XX/XXXX check ), including a {$24.00} total fee applied against my account, leaving my account with a negative balance ; I filed a police report on XX/XX/XXXX and provided the Police Report to Bank of America on XX/XX/XXXX ; At the relevant times and dates of the fraudulent transactions on XX/XX/XXXX and XXXX, XXXX, I did not have a valid drivers license, access to a vehicle, and was in the presence of my family and other individuals who have agreed to provide sworn statements to that effect ; Thereafter, despite consistently advertising their {$0.00} liability guarantee and possession of the sole security footage that would be almost conclusive of my innocence herein, Bank of America refused to acknowledge my claim that I was clearly the innocent victim of a fraud ; Furthermore, after Bank of Americas refusal to abide by their own advertised policies, I provided a written statement to XXXX requesting that they investigate the subject fraud, whereupon XXXX  refused to remove the negative report of Bank of America on my credit history. 

I then engaged an attorney, XXXX XXXX, who provided a detailed complaint to XXXX and Bank of America with regard to the fraud on XX/XX/XXXX. The attorney was contacted by XXXX thereafter, and advised, both via telephone and in writing, that XXXX " investigated '' the complaint ( asking Bank of America their position on it without any actual investigation ). They advised that without a Police Report being filed and provided to Bank of America, they could do nothing to reverse the result. This means that not only did Bank of America fail to provide the ATM camera footage in their sole possession, but they fraudulently withheld the existence of the Police Report from XXXX that had been provided to them in XXXX of XXXX. This " investigation '' was a sham at best, and a violation of my rights under the FCRA. XXXX ID # XXXX at XXXX was the individual who stated and confirmed on a recorded line that no police report was on file or provided to them. 

I have since tried, through my counsel, to obtain further clarification from Bank of America and XXXX. Bank of America has not replied in any way shape or form to my counsel 's correspondence dated XX/XX/XXXX, in further violation of the FCRA, as more than 30 days has passed. I have full documentation with regard to all of the above.

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