Consumer complaint received 2018-06-16
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: GA
Product: Money transfer, virtual currency, or money service
Sub-product: Mobile or digital wallet
Issue: Fraud or scam

Complaint:
On XX/XX/XXXX, on my way to XXXX, XXXX for a graduation trip, my wallet and phone were taken in a gas station. Having these two items pickpocketed without my knowledge led to me losing the duo of my items for a period of about 3 hours. Upon reaching the graduation party, I realized I had lost the items and doubled back as quickly as possible. I retraced these steps and came back to the same gas station and I was lucky enough to receive my wallet and phone seemingly Uncompromised. This didnt last long because I checked my Bank of America account activity and I saw there was a XXXX dollar XXXX transfer from my account to another account that happened between XXXX and XXXX that day. I made sure to call the bank THAT SAME VERY DAY and spoke to a representative named XXXX who assured me that he was on it, and he would file a fraud case. I left the case in his care and hoped everything would work out. I called back in the following Monday only to find out that XXXX had not in fact filed a fraud case, and as a result I had to file a fraud case, close the compromised bank account ( checking ) and also close the connected savings account. This flippant and nonchalant behavior annoyed me, but I trusted that the Bank of America would make good on its {$0.00} liability policy, especially considering the Reg E protections consumers enjoy as stated by the federal government ( https : //www.federalreserve.govXXXX ). I had the case opened and on Friday, XX/XX/XXXX I reached back out to the bank and spoke to a representative in XXXX XXXX who I updated with the police case number that I had. He assured me all was well and that they were doing their best. Again, I reached out to the bank of XX/XX/XXXX, and spoke to a representative who informed me that my fraud claim was successfully processed and I would in fact be receiving my refund on Friday, XX/XX/XXXX. Ecstatic that the bank was helping me correct this fraudulent activity, I left it at that. On XX/XX/XXXX, I called the Bank of America fraud center at around XXXX to inquire about the status of the pending funds, and the representative by the name of XXXX told me that I would receive those funds by the end of the day. By the end of the day, I then called in again, and spoke to a representative named XXXX who told me that my claim had been denied and since the funds were sent with my phone, that I was liable for the fradulent charges. Therefore I would not be getting my money back. Not only does that conflict with all previous messaging, but that also felt like a violation of the protections that I am legally guaranteed. I was hoping that by reporting this activity that I can rectify this case and be restored. I am a XXXX XXXX who can not afford a financial blow of this magnitude. I beg you with everything in me to help me get this fixed. 

I also have the police report number on hand if it could help. XXXX Also, Im my conversation with XXXX, it was made clear that the account the funds were transferred to existed with XXXX XXXX. ( XXXX ) is the account email that the money was XXXX transferred 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 monetary relief