Consumer complaint received 2017-07-12
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
{$1700.00} was fraudulently charged on my husband 's debit card from our joint checking and savings accounts from the of XX/XX/XXXX until XX/XX/XXXX. The charges were in amounts under {$100.00} made multiple times at the same XXXX and XXXX in XXXX XXXX XXXX California. Most of the charges were done for the same amount multiple times within the same day. They were made while my husband and I were both at work and on vacation at stores we never and have never shopped at. In a town we do n't live in. We reported these charges right away to Bank of America. The funds were then returned to our accounts and the fraud department was supposedly taking care of it. A month later the fraud department suddenly changed the ruling of those claims being fraud and pulled all of the money from our savings and checking accounts making them negative {$550.00} with additional over draft and low account fees. We called Bank of America right away with this on XX/XX/XXXX, and were told we would be called witchin 24-48hrs. No call was received so I then went to our local branch on XX/XX/XXXX.They contacted claims where we were told a letter was sent to us about all of it. We never received any notifications. We were told then the claim would be resubmitted and again would be contacted within 24-48hrs. Again no contact. I emailed the accounts manager I had talked to that day at the branch as she had told me to the previous day if I had not heard back in 24hrs. On XX/XX/XXXX I again called the claims department asking about the status of our refund. They said they would expedite it again and I should be notified by the following day. The accounts manager called me as well saying to let her know if they refunded my money by the next day or if not she would have her manager take charge of the claim. Still no response or money returned. My husband called again XX/XX/XXXX where he was told the claim had been restarted all over so we would not be getting any kind of response until XX/XX/XXXX. I called XX/XX/XXXX and this time was told no claim had ever been filed. This is now going on two weeks with our checking account in the negative and our savings completely wiped out from charges we did not make. Bank of America is claiming since my husband 's chip and or pin was used at two of the transactions and since they were not large sums at one time that it was n't fraud. Whether is was small amounts over time or one page purchase {$1700.00} was stolen. We were on vacation literally watching the charges appear on our account through our mobile banking app and unable to do anything about it. We called XXXX XXXX like we were told. We would have called the moment w saw it but over XXXX XXXX weekend all the claims/fraud offices were closed so we couldn't.A bank that is suppose to protect our money and help us when things like this happen is blaiming us and letting criminals steal our money and charging us extra for it. We ca n't pay our bills, we have no money and all because of this.

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