Consumer complaint received 2019-10-07
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: PA
Product: Money transfer, virtual currency, or money service
Sub-product: Domestic (US) money transfer
Issue: Other transaction problem

Complaint:
I received an email from Bank of America 's Fraud Department on XX/XX/2019 stating there was activity on my account and they needed to speak with immediately. I called them on XX/XX/2019. They went over 4 transactions and all 4 transaction were fraudulent transactions involving transfers using XXXX. They only stopped one transaction. The fraud representative from Bank of America told me that someone hacked into my XXXX account and transferred money to 4 individuals who were not known me. They instructed me to change my email and/or email password and my login id and password at Bank of America and my password at XXXX. The claim would be sent to the fraud department at Bank of America and I would here back from them. I change my email password at gmail and my Bank of America login ID and password at Bank of America. Because I was a victim of fraud, and a customer of Bank of America for over 20 years, I thought Bank of America would work with me to resolve the fraud and refund the funds that were stolen from my checking account. 

On XX/XX/2019 I received a secure email from Bank of America stating my fraud claim was denied and I had a right to review the documentation that was used to determine the denial of my fraud claim. I called Bank of America and the fraud representative at Bank of America told me that my fraud claim was denied because someone used my cell phone, a XXXX XXXX, to transfer funds via XXXX. I told the representative at Bank of America I thought this was not possible because I had the phone in my possession and did not lose it. He told me the fraudsters " spoofed '' my phone and phone number. I was very confused. He instructed me to contact my phone company and they can detect my phone for " spoofing ''. He told me they needed their report to prove their was spoofing. He made it clear that in order for me to receive my money back, Bank of America needs to prove their was fraud. The spoofing report would help Bank of America prove fraud. 

I didn't understand exactly what I was asking for, but I called my cell phone company. I told them I was a victim of fraud and someone " spoofed '' my phone number and phone on XX/XX/2019. I told Bank of America needed proof my phone and phone number was spoofed. The cell phone company was confused but stated my phone number was not transferred to another carrier. They told they did not have access to my phone. The recognized my SIM card, not the phone itself. 

I called Bank of America back and spoke to another fraud representative. She basically told me that there was nothing they could do because someone used my phone to transfer the funds via XXXX. She told me my preference on XXXX was to use my phone, not my email, and because the funds were on a recognized device and the preferences on were set to use my phone " the device '', there was nothing they could do. 

I told her that I was told someone hacked into my email previously by Bank of America. She told me someone my phone was used to send the funds. She told me I chose the preference to send the funds via the phone 3 years ago and because they were my preferences, there was nothing she could so. I told her the bottom line was I am a victim of fraud and did not send the funds. I told her Bank of America notified me of the fraud and stopped one of the transfers from happening. I told her I don't understand how someone used my phone to send money. I told her the letter Bank of America sent said had a right to receive information of how/why they declined my claim. 

*******Then she told me Bank of America made a mistake. She told me the money was not sent from my XXXX XXXX. She told me someone hacked into my computer and transferred the funds from my Bank of America account via XXXX. I told her that she and another representative told me the reason why my claim was denied was because the perpetrator used my XXXX XXXX to transfer the funds. I told her she told me Bank of America determined that my preferences were set to send funds via my phone and that is why my claim was denied. I told her now that the funds were not sent via my phone, Bank of America should approve my fraud claim. The representative told me I had to request in writing for Bank of America to reconsider my claim. She also told me to have the results of a virus/malware scan faxed to them. She told me she would email me the documents that Bank of America used in the investigation that evening. 

I faxed the results of the virus scan and requested Bank of America to reconsider my claim. I was upset and called Bank of America 's Fraud Department because I was lied to and/or mislead. I requested to speak with the Bank of America 's CEO, XXXX XXXX. The fraud representative stated she did not have a direct line to Mr. XXXX and there were already 3 claims to their Executive Team. She was note this is another complaint. I told her that I am victim of fraud, but Bank of America was treating me like I was the fraudster. I have been a customer with Bank of America for over 20 years as well as a XXXX XXXX. I have bent over backwards to assist in the fraud investigation. I have been either mislead and/or blatantly lied to by Bank of America. I have never received the documents used in Bank of America 's investigation. I told her I was told my cell phone was used to send money and because my preferences were set up use my cell phone my claim was denied. She told me their was no such thing as preferences to send money via XXXX. I told her the previous representative told me Bank of America recognized my cell phone and my preference were set to send money by phone. She again said their was no such things as preferences and the other Fraud Representatives misread the notes. A member of Bank of America 's Executive Complaints Team has not contacted me. Bank of America has not notified if the request for reconsideration was approved. They also have not provided me with the documents used in their investigation. I don't know what device was used to send the money. There were viruses and spyware on my laptop and the results were faxed to them. I don't know what to do. I am requesting the CFPB to assist me. No consumer should be treated like I have been treated by Bank of America.

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