Consumer complaint received 2020-01-28
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
I am a XXXX  XXXX citizen. I opened an account with the Bank of America in XXXX, California in XXXX XXXXI received statements erratically since the inception of the account till XXXX XXXX XX/XX/XXXX, the latter of which showed a correct balance of {$62.00} XXXX. Thereafter there was a lapse of no statements being delivered to me.I had contacted customer services repeatedly requesting these statements but did not receive them. I was thus unable to keep track of my account. It appears that these statements were deliberately intercepted at some point of the delivery system leaving me exposed to fraud. It was when I received the XX/XX/XXXX-XX/XX/XXXX statement only in XX/XX/XXXX that the fraud was detected. 
I reported this to the fraud department on the XXXX of XX/XX/XXXX. Six claims were lodged as the consultant could only go back one year. I requested that the older missing statements be mailed to me. I only received them in XX/XX/XXXX. 
I was horrified on examining the statements.From the XXXX of XXXX onwards, numerous online and ATM transactions had transpired. They were done frequently and repeatedly almost on a daily basis with a clear intention of clearing the account as soon as possible. The bank follows regulations that a maximum number of transactions of only 6 per monthly statement cycle is allowed. As many as 47 transactions were done in one month. ( See attachment ). Surely the bank should have been alerted to suspicious activity of fraud. 
I was given 2 ATM cards on opening the account in XX/XX/XXXX. These cards are still brand new and are still in my possession. They have been kept in a secure place in my home. I have never travelled with them, nor have I ever made any ATM withdrawals or online purchases with these cards. They expired in XX/XX/XXXX. I have never requested that new cards be issued to me, nor has any cards been delivered to me.It is obvious that the bank had issued ATM cards to a fraudster. This brings into question their security and authentication process. 
I have made repeated, lengthy telephonic enquiries since XX/XX/XXXX. I have written 6 letters to the Bank of America explaining our unique and extenuating ciecumstances. ( See attachments ). 
They had approved of 3 claims. that were submitted in XX/XX/XXXX. I was reimbursed for 1 claim in XX/XX/XXXX ( 6 months later ),  1 claim in XX/XX/XXXX ( 15 months later ). I am still awaiting the 3rd check. This clearly indicates the difficulties we experience with the postal service living out of the USA. 
They have denied the other 3 claims, saying that they were submitted over the 60 day period.However these transactions occurred around the same time as the others that were reimbursed.I fail to understand their explanation. They also make no mention of the other fraudulent transactions that took place in XXXX. 
I have repeatedly requested that a senior investigative member of the fraud department analyse the account in its entirety rather than individual claims, from the time of inception of the account.This will clearly show the pattern of fraudulent activity. 
My husband and I are both XXXX XXXX   practising in XXXX XXXX. I am a member of the XXXX XXXX XXXX XXXX and my husband is a member of the XXXX XXXX XXXX XXXX.We have been in practice for over 40 years and are esteemed members of the community.We have mentioned to the bank that we are willing to come to the USA to resolve this matter in person. 
The Bank of America has benefited by having our money for over 18 years. We CAN NOT and WILL NOT incur these losses due to their negligence.

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