Consumer complaint received 2020-01-17
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: AL
Product: Checking or savings account
Sub-product: Checking account
Issue: Opening an account
Sub-issue: Unable to open an account

Complaint:
On or about XX/XX/XXXX I was attempting to get a personal loan through a company in XXXX, Texas. I have retained a phone message from XX/XX/XXXX because I was going to file a complaint at that time. Unfortunately, I suffered a XXXX and I am currently drawing a Social Security XXXX check each month. It has taken me a wile to get back to some normalcy of life and I am just getting to the point where I can submit this complaint. 

I had an extensive conversation with a representative from XXXX XXXX XXXX and they told me that there was no fraud on my part based on there research with Bank of America but that I was certainly a victim of a scam operation. I am unable to open a checking/savings account today because I have been flagged as having an account that had fraudulent activity on it. I was not aware of this until I recently tried to open a new account along with my wife. 

Please see the attached document detailing the events that occurred against me in XX/XX/XXXX. 

I am asking that the account listed as fraudulent be removed due to the actions of a company that was willfully and knowingly scamming me. 


Source of Information : Bank of America Missouri ; XXXX. XXXX XXXX, XXXX XXXX, MO XXXX Phone Number : XXXX Reported For : Suspected Fraud Activity Reported Name : Reported SSN ; RTN/Acct # : XXXX Closure Status ; Unpaid* Closure Status Date : XX/XX/XXXX Dear Sir/Madam : I am disputing the matter that my checking account with Bank of America Missouri had any fraudulent activity on it in any manner. 
I have a phone message that I have kept since XX/XX/XXXX from a company/individual who was portraying themselves as a loan officer representing a loan company. The actual audio transcript reads as follows : This message is for Mr. XXXX XXXX. This is officer XXXX XXXX trying to get in touch with you in regards to your loan application and the money has been successfully transferred. We are just waiting for your response that you have talked to the bank and you have to give me a call back in order to talk with you to check your balance. So give me call back as fast as you can. My number is XXXX, I repeat XXXX, Goodbye. 

This scammer was asking me to give them my checking account information in order to verify the funds I have in the bank as well as to confirm that my checking account was a valid account. I have spoken with the Risk Management Department of Bank of America as well as the Fraud Department of Bank of America. 

I was told by representatives of Bank of America that this was not fraud but it was a clear case of me being scammed. They went on to tell me that this was a common practice among fraudsters. They prey on those who are seeking a loan and gather my personal information and attempt to steal money from my account. In my case the fraudster wrote a counterfeit check to deposit into my account and then tried to immediately withdraw that money they had illegally deposited. This occurred on XX/XX/XXXX. I went to the local Bank of America office on XXXX XXXX XXXX in XXXX, FL to talk with the bank manager. We agreed the best action for us to take was to close the account and to reopen another account with a different account number. I was told that the fraud department was going to open an investigation based on my complaint into this matter. 

I want it to be known that I, in no manner, was to blame for the actions of this fraudster 's actions. I reported exactly what occurred because I knew I had been scammed. Fortunately, no money was ever transferred and this criminal act was stopped because of the quick response that I took in making Bank of America aware of what had happened. 

Bank of America highly suggested that I contact XXXX and XXXX XXXX XXXX and convey all of this information in order to clear my name so that I may return to a normal life using a checking account which I have been doing since XXXX. 
I ask that you please understand that criminals should not be allowed to ruin someones life because of the illegal activity they participate in to take advantage of honest, hard-working people they prey upon every day. 

I am not sure how to provide you with the actual phone message I have in my voicemail but I have that saved and will provide it to you if you can help me to do so. 
Thank you for your kind consideration in this manner. I hope you will take this information for what it is and determine that this was an attempt of a criminal trying to take advantage of an innocent victim who was simply trying to secure a loan and was not wise to the extent criminals will resort to.

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