Consumer complaint received 2020-06-02
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NJ
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Cashing a check

Complaint:
On XX/XX/XXXX I received an email from Bank of America about my sons account falls below {$1600.00}. I immediately spoke with him and he explained that he was talking to this guy who said to give it to charities and the checks ended up coming back. He said he waited for the check to go from processing to ( C ) for clear. Here to find out the account still has another {$3000.00} check which is now saying it is coming back. We called the bank immediately and they refused to talk to me and only would communicate with my underage son.The fraud department said because he deposited the checks that are considered a scam not fraud. He informed us we need to go a branch to sign paperwork taking responsibility for the balance. I spoke with my lawyer who directed me to go to the bank and ask for their scam / fraud protection in place and to get a copy of the document they are wanting me to sign. I went to the XXXX. XXXX XXXX  and spoke with the XXXX. She said they dont handle fraud there and would need to call them. She spoke with them and there again they said its not their fault because XXXX deposited the checks and they didnt go in his account. She said I have nothing to sign to take responsibility for the balance and that I could have just called. I said well then we were misdirected, my rights were violated when he refused to talk to me. I had her review the check and explained these checks should never have been advanced on a youth account. His name was spelled wrong. He only had 8 % in the bank to cover the first check Then they allowed another large check clear for use when the first check wasnt cleared. She agreed should dont know why these checks were not held. She said she cant really do anything else besides have her boss call me. He then called me and said that its a scam so Bank of America doesnt take responsibility for it. I said well, first of all, they should have held checks till it cleared, and then they advanced a second check. Remind you it is on a youth account and the parent was never notified. He said that its the customers responsibility to make sure the checks are good. I said he did wait for his online account to say ( C ) for clear. He said it is not cleared until 5 business days and we upfront the money. He said its available. I said well then it should say ( A ) for available. He said they do place check on hold at times. I said that he hasnt had a deposit in his account near this amount ever. He hasnt had any checks deposited lately because he currently not working because the restaurant was closed. So many red flags with these checks. He said I will need to take it up with the police. 

Reviewed it was my lawyer, he said go file a police complaint. So we waited to try to obtain info from XXXX however nothing is showing up in the file they sent. However, the website states additional information is only available through a police report. We attempted to file a police report tonight however, no one would come to the door or answer the phone. On XX/XX/XXXX at XXXX. 

The details from my son regarding the situation : We met on XXXX  a dating site. Then he asked me to message him on XXXX as we talked back and forth. We start out just getting to know one other. Then he sent me a message saying if he could borrow XXXX and another XXXX shortly after to show that I can be trusted. So I did. Then he sent me a message saying he would send me a check for {$2500.00} and I could keep {$500.00} of it. So when he sent me the check I deposited it. Then I waited for it to clear. The next day it deposited and I sent the money out. I did not keep the {$500.00} as I thought other people would need it more than I. Then he said he would send me a second check for {$3000.00} and I deposited it. I waited again for it to clear and it did. Then I sent the money out again and this time I kept {$500.00}. After about a day or two, he blocked me. Then a day later I got {$2500.00} and later on {$3000.00} dollars taken out of my bank account because the checks did not clear. 

Breakdown : {$2500.00} XX/XX/XXXX deposited XX/XX/XXXX it cleared sent XX/XX/XXXX To : XXXX, XXXX - conf # XXXX = {$500.00} To : XXXX, XXXX - conf # XXXX = {$1000.00} To : XXXX, XXXX - conf # XXXX = {$1000.00} {$3000.00} on XX/XX/XXXX deposited XX/XX/XXXX it cleared Sent XX/XX/XXXX To : shongunle, XXXX - conf # XXXX {$1000.00} To : XXXX XXXX XXXX {$510.00} To : XXXX XXXX XXXX XXXX conf # XXXX = {$1000.00} Please help us!

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