Consumer complaint received 2018-05-21
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened to arrest you or take you to jail if you do not pay

Complaint:
I am a woman-owned minority XXXX XXXX XXXX. Ever since I can remember, I have been fascinated by technology. When I was XXXX, I learned how to code, and I spent the next 11 years studying XXXX, researching, and developing my own methodologies and building a development team. At the time, I was a XXXX and by XX/XX/XXXX, I decided I needed to take the leap to start XXXX XXXX XXXX. On XX/XX/XXXX, I spoke to a BOA representative over the phone regarding information and advice on how to obtain a business bank account. The BOA representative told me what I needed in order to open a business bank account and that in case of an injury or death, I said I needed my mom to be able to access my funds. At the time I didnt know anything about opening a business account or business license but BOA representative was very helpful. The BOA representative I spoke to over the phone stated that she could open an account for me without me having to come into the branch as long as I did the following ( 1 ) register my LLC ( 2 ) register for an EIN number. She advised that I notify her as soon as I completed my LLC registration via email ( see attachment for correspondence ). The BOA representative gave me instructions such as what website to go to in order to register for LLC and EIN and even said she could open an account for me without me coming into the branch. On XX/XX/XXXX,  per the BOA Representative requests. I sent the LLC registration details via email to the BOA representative On XX/XX/XXXX, the BOA representative sent me a corporate resolution form via email and requested that I sign and send it to her back via email. ( see attachment for email correspondence ) On XX/XX/XXXX, I received a text message at XXXX XXXX from my mother stating that {$16000.00} was debited from my stepfathers account because it was linked to my business. I was shocked but knew this was a big mistake and went to Bank of America the following day at XXXX XXXX. XX/XX/XXXX, I went to a BOA branch and spoke with XXXX, a BOA Relationship Manager. When I sat down with the BOA representative and asked : why was my stepfathers account debited {$16000.00}? The BOA representative stated that {$16000.00} was pulled from my stepdads account because my mom is the guarantor of the business account and it looks like she was added to your stepfather 's bank account and thats how BOA was able to take the funds. I stated that my mom has nothing to do with my business. I stated that my mom is just an authorized person who can access my accounts in case I die. The BOA representative said that my mom was the guarantor of the account, credit card and signed the corporate resolution. I requested to see the corporate resolution on file. When I looked at it, I saw a signature signed with my mom 's name except it was not her signature. I stated that my mom nor I applied for a cc and that the original corporate resolution I submitted was signed by me. I also stated that I had proof of email correspondence with the BOA rep requesting I sign and send back the corporate resolution and I had the original document signed and sent to me. ( See attachment ) I requested that they rectify the fraudulent document and return my parents money immediately. When I asked the BOA representative, to see the cc application, she said there was none on file. Afterwards, the BOA representative called fraud department for me and put me in an office where I was on the phone for 4 hours because as the BOA representative stated I needed to request the cc statements because, without them, I was unable to file for fraud, especially since the cc was not linked to my business account. During the phone call with the fraud department, the BOA representative over the phone stated : we are only able to send you the last 2 years, not the first year and will be sent via email to print at the branch. After gathering documents printed and arrived home, I discovered that -- the statements that were printed were not cc statements but checking account statements. -- There was over {$9000.00} in overdraft and NSF fees just in the past 2 years from the checking account -- 12 checks totaling {$4800.00} that was automatically withdrawn, sent to unknown and I was given a business advantage bank account which charges a fee if you have less than XXXX a month ( i was not qualified for this account ) -- there were multiple unauthorised transfers to a XXXX account The following day, I went back to the same BOA branch and requested to speak to the same representative who requested to see the original corporate resolution documents. At the time, there was one other customer at the BOA branch. The BOA representative who requested to see the original corporate resolution documents the day before approached me and stated : I'm sorry but I am booked all day and wont have time for you until Tuesday. I replied stating that this was an urgent matter, the document on file that they have is fraudulent. Not only is it not the original document, but it isn't even my mother 's signature. The BOA representative then stated that Friday is a busy day and she would not be able to see me until Tuesday. I was shocked. At that point, I didnt care how far I had to drive, I just needed to submit the documents that were requested to resolve this issue and ensure 1. The fraudulent document was reported and rectified my stepfather got his money back 2. overdraft fees which I never opt in to nor were they disclosed to me were refunded 3. automatic withdrawals going to unknown from my account were addressed and refunded 4. unauthorized transfers to XXXX were disputed On the same day, I drove to the closest BOA branch. When I arrived, they asked for my name, business name and reason for being there. I stated that there was a fraudulent document on file that needs to be rectified. The BOA representative at the 2nd branch then stated that she didnt have time to see me that day. After pleading for help, the BOA representative said she was able to secure me an appointment at XXXX at another branch nearby. While I was waiting, my mother texted me stating that She ( my mother ) and my stepfather ( XXXX XXXX ) was currently at the BOA branch in North Carolina speaking with a bank representative about the {$16000.00} debited from their account. and that they were going to close my business account. I then texted my mom you do not have authority to close my business account and I have documents and the original corporate resolution with my signature ( XXXX XXXX signature ). I stated the corporate resolution they had on file was fraudulent and demanded that she speaks with the BOA representative that was helping my parents. When I got on the phone, I asked the BOA representative to see the cc application and asked what the procedures are for applying for a credit card. The BOA representative stated that she didnt have the authority to answer that question and then hung up on me. Then, The Bank of America representative made my parents believe that I ( XXXX ) signed my moms name and that I ( XXXX ) was lying. My parents did NOT want to close my business corporate account. But they trusted the BOA representative and closed the account because they didnt want more money to be taken out and I didnt want me to go to jail. I discovered that during the meeting between my parents and the BOA representative, in North Carolina stated to my parents that It didnt matter if my mom wasnt a part of My business or if the signature wasnt her real signature. My mom was liable and its the law The BOA representative stated that the fact that a signature with her name ( my moms name ) made her ( my mom ) liable and if my stepdad didnt pay the debt and close the account, another {$1000.00} would be debited from my stepdads account and implied I would go to jail for fraud. If they wanted to get their money back, they would have to sue me for fraud. When I tried to speak to the 3rd BOA representative I was advised to go to that day, The BOA representative stated I am sorry, there is nothing I can do for you, your account has been closed and you are not authorized to see or submit any documentation. The BOA employee then stood up and asked me to leave because the branch was closing. I was in tears. I felt hopeless The statements that the BOA representative said to my parents were false and made my parents do something that not only hurt me but hurt me, my business and my employees. Additionally, even after my mom stated that it wasn't her account and it wasn't her signature on the corporate resolution she nor I never applied for a business cc I stated it was my account and not the original corporate resolution i filed I had proof of the original document submitted The BOA representative hung up the phone on me and made false allegations and forced my parents to close the account and pay for a debt on a cc that they never applied for and made them believe I forged a cc application. In fact, I demanded via text message that they show me proof of the allegations the BOA representative showed my parents. My parents said they saw the supposed cc application that made my mom liable, stated by the BOA representative. ( see screenshot ). The BOA representative made my parents believe that the screenshot was an cc application. ( see screenshot ) When in fact it was an account overview regarding the cc. Afterwards, My sisters were calling me saying, how could you do this to mom and dad and wouldnt listen to my side of the story. I lost all trust from family, I had to fire my employees, I was evicted from my home, I lived in my car for a week, I was humiliated, stressed, I lost my clients that I had because I wasnt able to provide service without my developers. And I lost my new client who just signed a XXXX contract because I was unable to collect and didnt have developers on staff. All because the BOA representative stated to my parents if they dont take the debt and close. The account, I would go to jail and implied that another {$1000.00} would be debited from XXXX account. After my account was closed due to false statements, my parents wouldn't communicate with me, they wouldn't listen to me, my sisters were telling me that they were going to get a divorce and my mom was so stressed and heartbroken. The bank wouldn't listen to me, even after numerous attempts stating that the document on file was fraudulent. I spent the next 7 days pleading my parents to listen to me and that what the banker said was false. After a week, they finally let me speak, my stepdad, who raised me and who I look at as my own father still won't communicate with me and that breaks my heart. After my mom finally listened to me, she realized she made a horrible mistake. I told my mom the only way to fix this ( because the bank wouldn't listen to me even when I showed them proof and documentation ) was to go to the banker who made the false statements about me which led to my parents closing my account. When my mom went back to see the BOA VP Relationship Manager who stated the false allegations about me, the other representatives in the BOA branch in North Carolina stated that she ( the BOA banker who made false allegations ) was recently promoted and was no longer in the same branch. My mother and I then spent days calling the fraud department, stating that the corporate resolution on file was fraudulent and attempting to open back the account that was closed because of false information which led my parents to close an account that was not theirs nor were they authorized to c0lse it and finally, after 28 days, a BOA representative stated that all my mom had to do to open back my account was go to a branch and state the closure of the account was a mistake. My mother did and my account was back open but by this time, I lost all my employees, was evicted, lost most of my belongings and lost my clients which I had for over 2 years because I failed to provide service due to not being able to collect payment from new accounts or pay my employees. To date, I have called the fraud department 20 times, went to 4 different branches and spoken to 4 different BOA representatives in branches and 2 branch managers. Not one of them would open an investigation regarding the fraudulent corporate resolution on file. Not one of them helped me file a dispute for fraudulent transactions. Not one of them helped me print a document to help me file for fraud  transactions even after the fact I told them that I didn't have access to a printer. During the last attempt to file for the fraudulent transactions, I called The fraud department who advised me to go to the branch and have a BOA representative help me file the fraudulent charges and automatic debits from my account to an unknown account. When I went to a BOA branch, they stated that they dont file or will help me file for fraud nor will they report the corporate resolution on file as fraudulent even if I have proof of the original document submitted and signed by me. BOA employees also said statements such as " wow, we made a lot of money from you. '' and 2 BOA employees stated, " wouldn't it be easier to just open another account somewhere else? '' rather than fight this. Bank of America has failed to report and investigate the fraudulent corporate resolution on file with my moms forged signature. Additionally. a Bank of America VP Relationship Manager stated false statements about liability laws, to my retired and elderly parents and implied that I would go to jail if my parents didn't pay for the fraudulent cc charges even after the fact that my mother informed the BOA VP relationship manager that the signature on file was not my hers ( my mothers ) and that I ( XXXX ) have the original corporate resolution that was signed by me along with proof that I was requested to sign and sent back via email. The actions that the BOA representatives did not just hurt my relationship with my parents but it hurt me, my employees, financially and caused so much emotional distress. On top of the false statements that made my parents do something they would not have otherwise, BOA sure made it easy to open an account but failed to disclose any fees and failed to provide information about the best option possible causing detrimental harm to me, my clients, my employees, my parents. I am still in so much emotional distress from being forced to be homeless for weeks because the BOA employee made false allegations that made my parents close my account. Furthermore, the alleged cc application that was shown to my parents was not a cc application. see attachment Furthermore, another BOA employee stated that my mom said : " I don't have any concerns about the fraudulent documents on file ''. That statement made by another BOA employee was also false and misleading. When she called my mom, she just said, are you concerned about the business account? which my mom replied, " you will need to call my daughter about that, that account is not mine. ". The statement made by the BOA employee is false and has caused us more distress because the fraudulent document on file has yet to be rectified. The BOA representative that made my parents close my account by stating " if my stepdad didn't pay for the fraudulent cc charges, I would go to jail and another {$1000.00} would be taken out of their account '' ( even after my mom said she was never aware of the cc, she never applied for the cc, I never applied for the cc ) then made them believe an account overview. acted with reckless disregard of the truth or falsity of the statement in making the statement, and acted negligently in failing to ascertain whether the statement was true or false before making I causing not only serious financial and emotional harm to me but also my employees, my clients, and trust within my family. Also, as well as the BOA representative who stated that my mother ( i have that statement in writing ) had no more concerns regarding the bank documents. She knew that statement was false and has caused us more stress because we still have been fighting to get the fraudulent document signed with my mom 's name by someone other than myself or my mother.

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