Consumer complaint received 2017-08-25
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: AZ
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
My XXXX XXXX XXXX mother was harassed with threatening phone calls by a man stating she would be arrested or they would come and get her if she did not do what they said. They had personal information and terrified her into not telling anyone and literally told her to send a {$5000.00} check on XX/XX/XXXX. The check was not picked up until the XX/XX/XXXX, by the post person. After she notified me her daughter and trustee on her accounts, I made 3 phone calls to Bank of America and was told her accounts were frozen by representatives on the phone. The last call was because she had mailed the check. That rep. told me to take her into the branch and close her savings, put a stop payment on the check and leave the account open for social security direct deposit, as nothing could be withdrawn, but money could come in. Due to her visual impairment, she gave the wrong check number, but we were told her account was frozen at approximately XXXX XXXX. The branch manager changed her savings and opened a new checking, leaving the other frozen. I checked the statement every day and there was an icon next to her account, which I believe signified that it was frozen. OnXX/XX/XXXXXX/XX/XXXX the check was cashed by Bank of America. I called and spoke with XXXX ( not positive if the name, as they will not give you much info ) She said the account was never frozen and I detailed the conversations of XX/XX/XXXX. I made multiple phone calls over the next two weeks to the fraud dept. One female representative said they would refund my mother 's accounts and then immediately changed her mind and rudely stated it was my mother 's fault. I asked to speak to a supervisor and she said she was one and then stayed on the line and said nothing. She was incredibly rude. On other calls for follow up, I said I wanted the telephone records pulled and just got transferred again with no response. I told at least one representative that if we had n't followed their instructions to freeze the account rather than close it there would n't have been the withdrawal, which prompted no response. I told them if their instructions could n't be trusted and they did n't honor them, we would change banking institutions and two reps, one a manager said they could close the accounts for me. In essence they would rather lose two long time customers than stand by the word and instructions given by employees. 

A police report was filed for theft by fraud with the XXXX police department. Record number : XXXX, type of crime : XXXX 

I asked the branch manager to call and confirm our interaction at a XXXX appointment on XX/XX/XXXX and she said no, the branch did n't get involved and escorted me to the door. I went to the branch after no success and periodic rudeness on telephone conversations and was shocked by her cursory response. Her response brought me to tears, as did responses by some representatives. 

My last conversation was with an individual named XXXX, in California. He did not identify his role or department. He asked for my driver license number and when I asked why had no response. 
I received a call back from him to say it was being investigated and have heard nothing further. 

In essence, if we had not followed the bank employees instructions to freeze the account, we would not be looking at a debit of {$5000.00}. I acknowledge my mother wrote the check under duress and gave a check number 1digit off for a stop payment due to her severe visual impairment and distress over the incident. However had we closed the account, which was my instinct and had we not been reassured that freezing the account was safe we would not be in this situation. Being terrified by scammers is bad enough for a XXXX year old woman. Having Bank of America representatives either give appropriate interactions with no power to assist or be curt and rude in the departments where they could assist has been shocking and more than disappointing. 

Many of the representative responses have been adversarial, rude, and on one occasion cruel. 

As long standing customers, we had no reason to doubt what we were told was done and later, the representatives took no responsibility and at times were disrespectful and had no problem in losing significant business, rather than doing the decent and ethical course of action.

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