Consumer complaint received 2018-12-16
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement
Sub-issue: Credit card company isn't resolving a dispute about a purchase on your statement

Complaint:
To Consumer Financial Protection Bureau : I had an unauthorized charge of {$4800.00} on our corporate credit card and the Bank of America fraud department has claimed that I made the charge myself despite the documentation I have provided them. The BofA case # is XXXX When the charge appeared on my online banking on XX/XX/XXXX I immediately called the credit card dept of Bank of America and told the representative, XXXX, that it was a fraudulent charge. She asked for the credit card number. I looked in my wallet for the card but it was missing. I realized that someone had stolen it from my purse. I told XXXX that it had been stolen and she cancelled the card and reissued a new one. At that point my liability for this purchase should have been {$50.00} per the Fair Trade Billing Act. There are 2 card holders on this account, myself & my husband. The charge was removed but reappeared on XXXX XXXX. I was told to send a detailed letter explaining what had happened which I did. I also filed an identity theft report on XX/XX/XXXX because I found out that not only had the thief taken my credit card but had also taken a picture of my drivers license and had a facsimile made of it that was convincing enough to fool the merchant who had sold the merchandise. He had written my drivers license number on the receipt. In the identity theft report the merchant stated that he would recognize the purchaser again and that she had a tattoo on her hand and a smokers voice. I have neither. 
I also went to his shop on XX/XX/XXXX and asked the owner, XXXX ( XXXX ) XXXX, who had made the sale if I looked like the person who bought the flooring. He said the woman who purchased the flooring was an older woman like myself but had a tattoo, that my voice was completely different as she had a smokers voice, I was taller and my hair was shorter. Hes willing to confirm this if someone from B of A contacts him. 

On XX/XX/XXXX I called the fraud department to find out what was happening with my claim. I was told that their decision was being reconsidered ( that it wasnt fraud after all ) and that I should get a call in several days. On XX/XX/XXXX I called again to see what was happening. I was told that an investigator had discovered I owned a rental house in Texas that was being advertised with new carpeting and the conclusion was that the 2200 sq ft if laminate flooring and underlayment purchased from XXXX XXXX XXXX, located in XXXX XXXX, was the new carpeting in the rental home approximately 1400 miles away near XXXX TX. I then spoke to a supervisor in the fraud dept., XXXX, who told me to fax in the identity theft report and the receipt for the carpeting ( paid for by my property manager ) and to restate as I had done before in my various communications to them that my husband and I live in a rented 2 bedroom apartment in the XXXX area and have no use for laminate flooring and he would ask them to reconsider once again. The requested additional data was faxed on XX/XX/XXXX ( it took awhile to get the carpet receipt as it wasnt installed until approx XX/XX/XXXX ) by XXXX XXXX, the bank manager of our local bank who was helping me resolve this issue. She called the fraud dept several times regarding what decision theyd come to. I called myself on XXXX XXXX, was transferred to a supervisor in the escalation dept. and was told that they were no longer interested in my case and to pursue it elsewhere. 

A circumstance that seemed to count heavily against me is that the merchant has my information on file this per the fraud department. I called the merchant and asked him what that meant. He had kept a copy of the credit card slip with my drivers license number on it and the receipt. He explained that he had done this as he had had a charge back in the past because he hadnt kept adequate records. But there was never any question that the thief didnt have my card and obviously a facsimile of my license. The card was stolen as well as my identity with the license so having my information on file means virtually nothing. 

When I received my new card, there was an accompanying notice that stated : 1. XXXX XXXX XXXX XXXX XXXX lets you rest assured that you wont be held responsible for unauthorized use. 2. Fraud Monitoring We block potential fraud if abnormal patterns are detected and let you know if we suspect fraudulent activity. 

We have never had a charge over {$1.00} on this account and most of the charges, which are on my husbands card, are under {$100.00}. He does computer repair and upgrades so buys merchandise that has to do with that, predominantly from XXXX XXXX. Im a XXXX  and occasionally buy office supplies thru XXXX XXXX. Obviously no fraud monitoring took place as {$4800.00} of flooring was certainly an abnormal pattern. Had either of us been alerted, this charge would never have gone through. 

Even though the person who purchased the flooring has some distinguishing physical characteristics, no one from the fraud department has seen fit to see if I have the same characteristics. XXXX XXXX, our bank manager at the XXXX, CA branch, who was trying to resolve the dispute with me, was never asked about my appearance which would have been an easy way to check. Since my liability for this charge hinges on whether I or a third party made the charge, its to B of As benefit not to investigate this aspect. The company would prefer I take the financial lose. 

I have paid the bill so am now owed {$4800.00} for the fraudulent charge plus an additional {$63.00} for interest charged on XXXX so Im owed {$4800.00}. 

Im including the statements showing the charges, the correspondence between myself & the BofA fraud dept., the invoice for the flooring provided by my property manager, the Identity Theft report, and a letter my lawyer wrote to them from which Ive had no response. 

Your help in this matter is greatly appreciated. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA 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