Consumer complaint received 2022-01-06
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: DC
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
I received a check from my attorney for {$4800.00} and made a mobile deposit into my Bank of America Checking account, of the check, as I always do, on XXXX XXXX, XXXX. Someone stole the copy of the check from me before I could destroy it and made a deposit on or about XX/XX/XXXX. 

It appears that there was no hold, verification, or any research done on the check prior to releasing the funds. On XXXX XXXX, XXXX, almost 90 days later, Bank of America, reversed my deposit and took those funds back out of my account, which took all of my Social Security money from me. My Social Security check is set up for a direct deposit on this account and I have had the account for 21 years without any issues, misuse, or abuse. 

I've called Bank of America on 5 occasions and they refuse to file a fraud claim for me or assist me in any manner. They lied to me on three occasions and said a claim was being submitted but did not file an actual claim in any instance of my requesting at least 5 times. 

I told that the information was put in the system but Bank of America refuses to give me any documentation showing a claim or complaint about the check fraud and theft. They transferred my Social Security check to my savings account and turned around and took it back after two weeks. 

I called back about this and another rep said we need to freeze your account to keep anything from coming in or out of the account and your Social Security check will go into your Savings account and you should be protected. This transaction by the Bank of America rep put my account in the negative {>= $1,000,000}. NO, this is not a typo on the amount of money claimed by the bank. A Bank of America rep suggested on XX/XX/XXXX that I set up a payment arrangement on the negative balance and then they can help me with my check being taken by the bank. This suggests that I pay off the theft and fraud and be at an even greater loss than I currently suffer. 

Bank of America told me that they reversed my transaction because someone presented the check in person for deposit and it was honored. They told me that the physical presentment superseded my mobile deposit and this is why they reversed my transaction. I did further investigation and talked with the issuer of the check, XXXX XXXX XXXX, and they informed me that my bank should be filing a fraud claim on my behalf and helping to resolve this theft that I'm a victim of. 

Branch manager XXXX, for the XXXX XXXX, XXXX branch of XXXX XXXX XXXX also informed me that Bank of America is misrepresenting the facts to me as the subsequent deposit made with the check was done by a mobile deposit as well and should not have gone through or my funds reversed. That transaction happened with XXXX XXXX XXXX XXXX and had nothing to do with me. 

I talked to a rep today, XX/XX/XXXX in the check fraud department and she said everything was done incorrectly and should not have gone this way. Bank of America has taken all of my last 4 Social Security checks leaving me with nothing to survive on and refuse to help me, file a legitimate claim, cease taking my Social Security checks, or anything beneficial to me. 

Bank of America is using its power and position to steal my money and my Social Security checks and I have not been able to obtain any help for this matter.

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