Consumer complaint received 2022-08-06
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
We, XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX, Venezuelans, spouses of each other, holders of valid Venezuelan passports Nos. # XXXX and # XXXX, respectively, and also holders of Bank of America bank accounts : Checking Account # XXXX XXXX XXXX and Savings Account # XXXX XXXX XXXX ( the latter transformed into Checking Account ), we are writing to you with the intention of requesting the reopening, evaluation, investigation and consideration of the claim No. # XXXX, as well as the recognition and subsequent replacement of the funds object of the claim, since they have been stolen under fraudulent operations that we do not recognize and under the usurpation of our respective identities. 

BACKGROUND On XX/XX/XXXX, I, XXXX XXXX XXXX XXXX, previously identified, received an alert from Bank of America, confirming the request made through its Call Center ( telephone XXXX XXXX XXXX ), with the intention of request the renewal and replacement of the debit card ending in XXXX, due to its expiration, clarifying that I do confirm that I have made said request. On XX/XX/XXXX, we received notification by email from the institution informing of the approval, issuance and shipment of the XXXX XXXX, whose termination was XXXX. Said notification indicates that it had been sent on the day XX/XX/XXXX by postal mail to the address of permanent and unique residence : " XXXX XXXX XXXX. XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX. XXXX, XXXX, zip code XXXX, XXXX XXXX de XXXX. ", which did not arrive THE FACTS On XX/XX/XXXX, while we are waiting for the requested debit card, we receive an alert from the bank indicating the performance of a possible fraudulent operation, so we proceeded to enter and review our accounts through the portal Bank 's official website, realizing then that we were being victims of bank fraud since there were a series of transfer operations between our bank accounts and purchases in stores that we had not made and for which we do not recognize. At that time we proceeded to communicate with the bank, again through its Call Center, in order to notify the Fraud situation and also to request the preventive blocking of our accounts immediately. 
While in communication with the bank, several alerts followed that on XX/XX/XXXX, a verbal password had been set for the Checking Account # XXXX XXXX XXXX, as well as a new setting of the XXXXXXXX XXXX password for the account. Savings Account # XXXX XXXX XXXX, which through an automated telephone service made transfers of funds from the Savings Account # XXXX XXXX XXXX to the Checking Account # XXXX XXXX XXXX, for the amounts of XXXX and XXXX XXXX Dollars ; and through Agent Assisted for the amount of XXXX XXXX Dollars, in addition XXXX the XXXX XXXX XXXX in XXXX : XXXX XXXX Distributor for the amount of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX for XXXX USD XXXX XXXX XXXX USD, XXXX XXXX XXXX for the amount of XXXX USD XXXX XXXX XXXX USD, XXXX XXXX for the amount of XXXX USD + fee XXXX USD and XXXX XXXX XXXX for the amount of XXXX USD + fee XXXX USD, operations that We did NOT recognize and that motivated At that time, we requested the bank executive to block our accounts immediately because we were being subjected to bank fraud, which, according to the bank executive, he indicated that he had carried out as a prevention method. 
That same day ( XX/XX/XXXX ) we tried to contact the Bank of America fraud department but due to the time and taking into account that it was a Bank holiday in the United States, it was not possible to establish communication. 
On XX/XX/XXXX, we communicated with the Fraud department, at this point we proceeded to explain everything that happened and once the story was finished, the Fraud executive informed us that our accounts were indeed fraudulently manipulated by another person and that for this reason we had to go to an agency in the US to verify our identity, that the accounts could not be used because they would be blocked for protection and that once they fulfilled the first step. Bank of America would proceed to return the money that was fraudulently stolen from our accounts. 
On XX/XX/XXXX, we received a new notification informing us of the approval, issuance, replacement and shipment of a new Debit Card, this card would end in XXXX, replacing the card that we never received and that ends in XXXX, it would be sent to our main and permanent residence address in XXXX XXXX XXXX XXXX. XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX. XXXX, XXXX, postal code XXXX, XXXX XXXXXXXX XXXX XXXXXXXX. But to our surprise on XX/XX/XXXX, exactly XXXX month later, we again received a notification that the debit card ending in XXXX was on its way, but with the detail that the delivery address was " XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX address that does not correspond to our address registered in the Bank. At that very moment, we immediately proceeded again to communicate with the Call Center, with the intention of requesting the cancellation of that card as well as all kinds of requests and procedures ( transfer, purchases, card requests ) that were in process and that corresponded to one of our accounts since we were again being victims of another fraud. 
On XX/XX/XXXX, we traveled to the United States on XX/XX/XXXX, we showed up at the Bank Of America branch located at XXXX XXXX XXXX XXXX, FL XXXX where we were attended by XXXX XXXX XXXX, who works in the position Relationship Manager & Lending Specialist, Telf : XXXX, XXXX ID : XXXX Who reviewed our case, contacted and escalated the request to the Fraud Department where we were told that the accounts were not blocked, and that in these cases the Bank of America what he did was block the person who was allegedly committing the bank fraud, in addition, he also told us that a notification had been sent to us that we had to answer, to replenish the money at the time, but we did not receive this notification, however, they told us that in 10 business days they would replenish our money. 
During our stay at the bank branch, we took the opportunity to have the debit and credit cards that had expired since XXXX replaced, we delivered the expired cards to XXXX XXXX XXXX XXXX, who destroyed them in our presence in her office. 
After the 10 business days indicated by the Fraud Department for the replacement of the money, we proceeded to review our accounts, realizing that the defective restitution of the funds had not been made, so we proceeded to contact the Fraud Department again, in At this point, they informed us that the claim had been denied, that they would proceed to reactivate the claim, but that we had to send all the supporting documents by fax to support our arguments. We also proceeded to communicate with XXXX XXXX and XXXX, who assisted us at the Bofa branch in XXXX. but we got no reply. 
OBJECT OF THE CLAIM Taking into account the above, it must be considered that for each of the transactions that were carried out, the bank has special procedures and protocols for validating the identity of the holders of each account. 
Normally, when a person communicates with the bank, they must identify themselves, provide information on some valid means of identification, include security questions, and in some cases they must use some extra mechanism or tool to proceed with a transaction. And it is public knowledge that each call is recorded and recorded for security conditions, additionally it is the financial entity that must guarantee its users the confidentiality of their personal data. 
In our case, it is clearly evident that all the bank 's security mechanisms are ineffective, since in some way our personal data was exposed, causing great damage to our assets for which Bank of America has the obligation to respond. 
As can be evidenced in the documents that accompany this letter, at the time the events occurred, we were in XXXX, which is our country of origin, a situation that can be compared with the passports with which we opened our BoFa account, which is they expired in XXXX and were renewed on XX/XX/XXXX in which there is no record of departures from XXXX in the last 3 years, nor of any entry to XXXX, which immediately rules out our participation in the events. 
It is important to note that the bank must keep a record of the calls that come through the call center. This record must contain the telephone number from which the call is being made with the code of the country of origin and the call must be recorded, so the bank must review the conversations with the different executives from the first day of our claim. 
And finally, each business must keep a copy of the identification document of the person who makes a purchase with an international card, for which the bank must have a record with the respective copy of the passport of the person who made the purchases in XXXX.. 
TEST MEANS In order to demonstrate that the aforementioned transactions have not been carried out by us and reaffirming that we do NOT recognize them, we consign the following documents : Documentary Exhibit XXXX Passport No. XXXX, holder XXXX XXXX XXXX, issued on XX/XX/XXXX, issued by the Administrative Service for Identification, Migration and Immigration ( SAIME ) valid from XX/XX/XXXX to XX/XX/XXXX. 
XXXX XXXX. XXXX ( EXTENDED ), holder XXXX XXXX XXXX, issued on XX/XX/XXXX, Extension issued by the XXXX XXXX of Identification, Migration and Immigration ( SAIME ) valid from XX/XX/XXXX to XX/XX/XXXX. 
XXXX XXXX. XXXX ( EXTENDED ), holder XXXX XXXX XXXX, issued on XX/XX/XXXX, Extension issued by the Administrative Service of Identification, Migration and Immigration ( SAIME ) valid from XX/XX/XXXX to XX/XX/XXXX. 
XXXX XXXX. XXXX ( XXXX ), holder XXXX XXXX XXXX, issued on XX/XX/XXXX, issued by the Administrative Service of Identification, Migration and Immigration ( SAIME ) valid from XX/XX/XXXX to XX/XX/XXXX. 
Air tickets dated XX/XX/XXXX, issued by the airline XXXX XXXX XXXX  With these documents, which have been in sight of XXXX XXXX XXXX XXXX, who works in the position XXXX XXXX XXXX XXXX  Specialist, Telf : XXXX, XXXX ID : XXXX at the Bank Of America branch located at XXXX XXXX XXXX XXXX, FL XXXX, we demonstrate that we have not left XXXX in the last 3 years and that we have NOT visited XXXX and that our most recent trip was exclusively for the verification of our identity at the bank branch, complying with what was suggested by the executive of the fraud department according to a call made on the XXXX of XX/XX/XXXX. 
Documentary Exhibit 2 Certificate of address or main residence. 
With this document we demonstrate that our main and only address is XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX. XXXX, XXXX, zip code XXXX, XXXX XXXX XXXX XXXX, address to which it should have been sent at all times. all correspondence to our name, and not XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX, XXXX XXXX, XXXX, XXXX where the debit cards mentioned in advance were sent. 
We request the bank to review all the recordings of calls made since XX/XX/XXXX in order to demonstrate that they were made from XXXX while our cards were used in businesses in XXXX, we also request to compare the identity documents provided by the stores or businesses involved with the documents provided by us for the purpose of verifying the authenticity of those used in purchases. 
REQUEST Taking into account the facts set forth above, as well as the evidence provided, we reiterate that WE DO NOT RECOGNIZE ANY OF THE OPERATIONS AND TRANSACTIONS MENTIONED IN THIS WRITTEN, and consequently we request Bank or America to serve, especially its Fraud Department, serve to reopen the claim. # XXXX, serves to thoroughly evaluate and investigate the events that occurred, recognize and replace the funds claimed, which to date amount to XXXX XXXX Dollars since they have been stolen under fraudulent operations, which have been recognized by officials of the bank and that has been sufficiently demonstrated by us as evidenced in this writing together with the documents consigned. 
Finally, we ask Bank of America that all correspondence or communication that emanates from you and is addressed to us must be sent solely and exclusively to the following address : XXXX XXXX XXXX. XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX, XXXX, postal code XXXX, XXXX XXXX XXXX XXXX. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

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