Consumer complaint received 2022-03-28
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: WA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
Between XX/XX/XXXX and XX/XX/XXXX, my personal accounts were compromised. 

Bank of America : {XXXX} was withdrawn from 4 different BofA ATMs in 5 withdrawals : 1. {XXXX} withdrawal XXXX bofa ATM on XX/XX/XXXX 2. {XXXX} withdrawal XXXX bofa ATM on XX/XX/XXXX 3. {$XXXX} withdrawal XXXX bofa ATM on XX/XX/XXXX 4. {XXXX} purchase at XXXX XXXX made via virtual card on XX/XX/XXXX 5. {XXXX} withdrawal XXXX XXXX bofa ATM on XX/XX/XXXX 6. {XXXX} withdrawal XXXX XXXX bofa ATM on XX/XX/XXXX XXXX XXXXXXXX : ( both of these have been found to be fraudulent by XXXX XXXXXXXX and I have been reimbursed already ) 1. {XXXX} XXXX rides taken at XXXX XXXX on XX/XX/XXXX ( I was in bed with the witness at this time ) 2. {XXXX} on XXXX on XX/XX/XXXX I called the fraud line for both BofA and XXXX XXXX on XX/XX/XXXX, canceled both cards and received new ones. I was reimbursed for all charges initially by both companies, XXXX XXXX completed their investigation and found the XXXX  rides to be fraudulent. 

BofA gave me temporary reimbursements on XXXX, then reversed them on XX/XX/XXXX. 

I did not receive any email or call, and did not notice this until last night when I logged in to the online banking center. 

This is the verbiage of their rejection, and they have not provided any further reason or evidence that I made these transactions : " XXXX, unfortunately, we're unable to approve your recent claim. Our research included the information you provided with your claim, your account history, the monthly account statements we sent you and if available, information from the merchant, such as a signed receipt or contract. We made this decision because : The charge was authorized by you or by someone who has permission to use the card or account. If we used documents to resolve your claim, we've included them with this letter. If you have additional information to support your claim, we request that you send it to us in the next 10 business days so we may reopen it. What's next The credit ( s ) for {XXXX} that was applied to your account will be removed on XX/XX/XXXX, along with any credit ( s ) for fees related to this claim- You'll see the adjustment ( s ) on your monthly statement. For updates on your claim If you'd like copies of the documents we used to make this decision, please call us at XXXX, Monday through Friday, from XXXX XXXX to XXXX XXXX  XXXX. Please have your claim number when you call. Thank you for your patience during our review ''. 

I took the following action : Filed a police report with XXXX Filed a complaint with the FBI Filed a complaint with the CFPB Filed a complaint with the Washington AG Filed a complaint with the OCC Sent an email to the DFI of WA Sent the attached letter to BofA fraud, using the fax number they gave me this morning, and included backups of all of the above documents. 

I have sent this info to BofA multiple times, and have just received a completed copy of the police report I filed, including witness info that can attest to the fraudulence of these transactions ( for instance I was in bed with her at the time of the Lyft rides that I was charged for ). 

I am pursuing legal action and speaking with XXXX at the moment as well. I want to point out that I have been a BofA customer for 20 years, and currently make over $ XXXX every 2 weeks, & have no record of fraud or theft. The idea that I would risk prison for $ XXXX is absurd.

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