Consumer complaint received 2020-04-27
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: VA
Product: Checking or savings account
Sub-product: Other banking product or service
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
On XX/XX/XXXX, I received an alert message from Bank of America ( BOA ) informing me of a debit card/ATM transaction deduction in the amount of {$1900.00}. Upon receiving the alert, I immediately contacted BOA Fraud Department, as I didn't make nor authorize this transaction. I spoke to a gentleman ( didn't get his name ) and informed him that I didn't make nor authorize the transaction. Based on our conversation, my card was closed, and he ordered me a new card. I inquired as to how long it would take to get a new card and was told about 7-10 days. In addition, he informed me that I could go into any branch and they would issue me a temporary card until my new card arrived. 

After a few days, I called the fraud department and spoke to another gentleman, who informed me that the charge looked fraudulent to him. In fact, he stated he did a XXXX search and the only thing he could find that was similar to the information on the transaction ( XXXX ) was XXXX XXXX sprinkler system. I informed him that I did have a XXXX XXXX  sprinkler system installed in XXXX, however, it was installed by XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, VA XXXX and not through the XXXX XXXX Company itself. Further, I inquired as to what procedures BOA would take to investigate the charge, and was informed that they would contact the company and request they provide receipts or anything they had which reflects I authorized the transaction. 

On XX/XX/XXXX, I saw that my claim was denied, so I called BOA again to ascertain why it was denied. The representative I spoke to told me the reason my claim was denied was because I had a Rain Bird sprinkler system, I must have authorized the transaction. I again reiterated that, while I did have a XXXX XXXX  sprinkler system installed ; it was installed on XX/XX/XXXX, by XXXX XXXX XXXX and I paid by check ( Check Numbers XXXX and XXXX, dated XXXX XX/XX/XXXX ( deposit ) and XXXX XX/XX/XXXX ( balance ), respectively. Therefore, they had access to my debit card information to make this charge. Also, I informed the representative that had BOA reviewed my bank records, they would've seen that I never had any transactions with XXXX, XXXX or XXXX, for that matter from XXXX to present. 

On or about XX/XX/XXXX, I received a letter from BOA which stated that " our records show the transaction activity in question was authorized and posted correctly to your account. If you would like to request copies of the documents, we relied on to reach this decision, please call us at XXXX XXXX, Monday through Friday, from XXXX to XXXX Eastern. '' On or about XX/XX/XXXX, I called BOA again and requested copies of the alleged documents used to deny my claim. The representative told me he couldn't provide me with any documents, and that BOA doesn't investigate to " exonerate '' the customer and since there was no further activity after the initial transaction/card was cancelled, it looked suspicious. In addition, he told me that typically in fraud cases they tend to wipe out the bank account or try multiple times, so because my case did not meet this standard, my claim was denied. 

On or about XX/XX/XXXX, my claim was reopened, to allow for further review. Subsequently, on or about XX/XX/XXXX, I submitted a personal letter, bank statements and a letter from the XXXX XXXX company, in support of my claim. 

I've called numerous times to get an update on the status of my claim, and each time I call, I get a different response from the BOA representatives regarding the status of my case. 

On or about XX/XX/XXXX, I again called BOA to inquire about the status of my appeal and spoke to XXXX, it was then I was informed that BOA had exceeded the time frame in which to provide me with a response regarding my appeal. XXXX, informed me she would file a " exceeded time frame '' complaint, or something similar, and that BOA would provide me a response within 3-5 days. Subsequently, on or about XX/XX/XXXX, I received an alert message from BOA that BOA had again denied and closed my claim. 

Yet, as I've described and have evidence to prove, I did not authorize the transaction and for BOA employees to apply a one-size fits all standard to my case is indicative of gross negligence with the company 's Fraud Department case handlings. 

To reiterate, all evidence that supports my claim, upon receiving the notification about this fraudulent transaction I : Immediately contacted BOA to report this fraudulent transaction. 
Called the phone number associated with this transaction XXXX XXXX XXXX XXXX and confirmed that it's a landline number in Utah, a state where I have no ties and have never resided. Further, the official XXXX XXXX Company, has only two corporate headquarters, in California and Arizona. Neither of which are in Utah or even remotely close. 
Researched and discovered that there is no business name or address associated with the number, nor is there a social media footprint ( i.e. XXXX, XXXX, XXXX, etc ). 

Had BOA employees done their due diligence, they would've found this out, as well. Instead BOA employees arbitrarily tried to connect XXXX to my XXXX XXXX   sprinkler system that was installed almost three years ago to insinuate I authorized the transaction or even worse, that I'm lying. 

To further support my case, I contacted the XXXX XXXX  Corporation and they have provided a letter, which states that XXXX is in no way affiliated with the XXXX XXXX XXXX. They even went a step further and confirmed my findings by stating there is no website at XXXX XXXX XXXX. Furthermore, the domain whois record is completely redacted to hide the domain name registrant.

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