Consumer complaint received 2018-01-06
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
on XXXX/XXXX/XXXX an ATM withdrawal in the amount of {$1200.00} was made from a teller assist machine from Bank of America located at XXXX XXXX XXXX in XXXX FL, I was in XXXX, FL. The criminal used some sort of identification to withdrawal the money from my account ending in XXXX. The amount exceeded the limit I had placed on the account but they authorized it anyway. The same criminal than came into the bank to try and cash a bad check on my account and the teller flagged it as possible identity theft and would not allow the check to be cashed, they then allowed the person to leave the bank. I was notified via voicemail. I called back and initiated a fraud claim through the bank on XXXX/XXXX/XXXX. They informed me they do not inform the police, that would be my job, and the money should be returned to me within 10 working days. I then went to XXXX to purchase XXXX gift on XXXX/XXXX/XXXX where I discovered that Bank of America had cancelled by cards, without informing me. I contacted the XXXX Police Department to report the crime on XXXX/XXXX/XXXX when I returned from vacation. I went to the bank on XXXX/XXXX/XXXX to find out why the money had not be returned yet. They informed me that they were doing an investigation and the money would be returned on XXXX/XXXX/XXXX. I called on XXXX/XXXX/XXXX and they told me it was still under investigation, and now it would be XXXX/XXXX/XXXX but they could not view the video footage without a subpoena that I had to initiate from the police department, who has still yet to call me back. On XXXX/XXXX/XXXX I went back to the local branch to find out why the money still had not been returned, they told me it may be XXXX/XXXX/XXXX, more than a month since the money was stolen, but that they could not even guarantee that The bank also said they have a right to deny the claim or fraud when they could easily see, from the video footage from both the ATM machine and inside the bank who the crook was. I can not believe that Bank of America can first assist a criminal in committing a felony, but than constantly lie, as to when I am going to get my money back, there must be some sort of rule or regulation governing the return of money to a customer. Also, they refuse to tell me what form of identification was used to obtain the money. I think I have a right to know what form of ID a criminal utilized to impersonate me. Also, is there no regulation that stipulates when a bank has to have an investigation completed by? What boggles my mind is, how can a bank witness a felony and have no obligation to report it? Bottom line is, I want my hard earned money back. I earned it, I saved it, and the only person here who has the advantage is the criminal. I have no idea what recourse I have towards Bank of America, or who could even help. 

*On the account statement attached the transaction is the first one on the page*

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