Consumer complaint received 2019-08-28
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MT
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: Card was charged for something you did not purchase with the card

Complaint:
I will attach 2 letters that I wrote the credit card company about my claim and disputing their findings. The letters give the basis of my claim. I will try to paste and copy portions of the letters, as follows. 

My original claim was filed with the credit card company, as it was occurring on XX/XX/. My first letter 0f XX/XX/ disputes their clam finding ( Claim XX/XX/-XXXX ) dated XX/XX/, and is attached after the quote from their finding. Their JXX/XX/XXXX finding is : " We've completed our review of your recent fraud claim on your account. After a thorough investigation, it has been determined that the funds were credited to your legitimate bank account and you benefitted from the balance transfer ( s ) in question. '' -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- My XX/XX/ letter disputing their XX/XX/XXXX finding above, is as follows : My XX/XX/ letter : " To fraud department : This letter is to formally protest and dispute a fraud claim filed by me, and your decision on the claim. I do not think you have adequately addressed the claim in reaching your decision. I ask that you re-decide the claim in my favor. I did file the claim to protect myself and you from a fraudulent use of my computer, credit card account and debit card account. I did not authorize any expenditure on my credit card and debit card. I did not receive any money from the transaction. I do not feel you handled the transaction properly in either the credit or debit card. I gave you information to immediately stop both ( credit and debit card ) transactions, yet you failed to do so, even though I asked you to. As a result, the transactions went through and {$3100.00} was charged to my credit card, then transferred to my debit card via XXXX, then {$2400.00} was transferred from my debit card to XXXX XXXX. Here are details I gave to you which you did not timely act upon, preventing the transactions. I ask that you consider these in your decision. 

On XX/XX/, I received a phone call from XXXX XXXX, posing as an agent or employee of XXXX, asking to renew and extend my XXXX account. He told me my account had been charged {$310.00}. I told him I did not authorize any charges. I asked him to verify that he worked for XXXX. After several attempts to verify that, I told him I did not want the services. He said he would credit my account for the {$310.00}. He managed to take control of my computer, and then he changed my password so I had no access. He typed in {$3100.00} on my credit card, claiming he made a mistake, only wanting to put {$310.00} on the card. He said he could correct it via XXXX. He added his name to my debit card and proceeded to try to transfer the maximum XXXX amount of {$2400.00} to his name/account. By now, I had determined I was being scammed. I could not do anything on my computer as he had taken control, and changed the logon password. I was smart enough to copy some of the information he was typing in that was on my computer screen. 

While he was doing this transaction, I called the Bank of America fraud department, and talked to an agent in fraud. I explained everything that was going on above to the representative. I asked him to stop payments on my credit card. I gave him the information necessary to apprehend Mr. XXXX XXXX. He told me not to worry, everything would be alright, I would not be held responsible. I gave him the following information : Mr. XXXX XXXX was doing the typing. 
His email that the money was being XXXX ( XXXX ) to was XXXX His phone # that I got from my caller ID was XXXX XXXX, XXXX XXXX, CA, XXXX The transaction code from my credit card was XXXX The authorization code from my debit card/XXXX transaction was XXXX conf # was XXXX I captured as much information by hand as I could. I had no control of my computer. The agent cancelled my credit card and told me I would receive a new card in the mail in a week. He then transferred me to a lady to deal with my debit card, since he could only deal with the credit card. He told me not to worry, they would take care of things. I explained all of the information above to the lady on the debit card. She told me at least 3 times that she checked, that she could see no XXXX transactions. She cancelled the card, and told me I would receive a new Advance Plus Checking card in the mail in a week. I felt relieved that the transactions had not gone through, and I hoped that your agents would deal with Mr. XXXX. After I hung up with the lady, Mr. XXXX called me again. I told him I had stopped the transactions. He said he would lock me out of my computer. He did do that. I had to spend {$170.00} to get my computer cleaned and back. 

My wife checked the accounts on her phone while I was talking to the lady. She said she was able to pull up the XXXX transaction even though the lady insisted to me that she could not see any XXXX transactions. My wife removed Mr. XXXX name from a list of recipients on the debit card on XX/XX/. 

I feel I did everything within my power to prevent these transactions. I did not authorize them. I gave you all the information needed to stop them, and to apprehend XXXX XXXX, including his email and his phone #. He still answered at his phone # the next day when my wife called him on it. He may still be using the # today, I would not be surprised. Try calling him at it. He succeeded in charging {$3100.00} to my Visa credit card, then transferred {$2400.00}, the maximum amount via XXXX through the debit card to himself as the recipient. The remaining {$790.00} is still in my debit card account, I have not spent one penny of it. Your agent told me not to worry, you would cover me. The lady told me she could find no XXXX transactions, yet my wife could see them on her phone. Had my wife not removed him as an authorized recipient, he might have transferred the remaining {$790.00}. 

About a week later, I got my computer cleaned, back up, and was able to sign in again. The following messages were in my email from Bank of America : XX/XX/XXXX XXXX XXXX Youre up and running. Money sent to XXXX will be deposited to account ending in XXXX. 

XX/XX/XXXX XXXX XXXX Youve added XXXX, XXXX, XXXX Send money by going to XXXX XXXX XXXX? ... ... ... 

XX/XX/XXXX XXXX XXXX You sent {$2400.00} to XXXX, XXXX Sent from account ending in XXXX to XXXX XX/XX/XXXX XXXX XXXX You sent me a How would you rate your recent call experience with XXXX? 

XX/XX/XXXX XXXX XXXX I received notice from my ADV PLUS BANKING ending in XXXX, about updated changes my wife made to the debit card. 


I talked to the fraud department while XXXX XXXX was attempting to transfer the money, approximately XXXX XXXX XXXX. I asked you to stop these transactions. Based on your emails, the money was not transferred until XXXX XXXX. You had adequate time to react and prevent this unauthorized transfer. 

I hope you will please use this information in your decision, and that you will reverse your decision. Credit my card for the {$3100.00} which I did not receive or authorize. Adjust the balance in my debit card, by reducing it {$790.00}. I am very sorry this happened. Once I realized I was being scammed, I did everything I could to prevent it. Had your agents acted on this information in a timely manner when I gave it to them, no money would have changed hands. I have been a loyal customer of yours for over probably 40 years. I can not be held responsible for, nor can I afford to pay the {$3100.00}, of which {$2400.00} was actually transferred to XXXX XXXX. Please reconsider based on this information. Thank you. 

I will be paying my current bill before its XX/XX/XXXX due date. None of this payment is for the {$3100.00} you put back on my credit card following your decision. I was unable to dispute this charge on my billing statement, but you know I am now. '' -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- On XX/XX/XXXX, I received a second letter from them on the claim, with the following finding : " We've completed our research of your fraud claim on the account listed above. 
As a result of our research, we've determined that we are unable to honor the claim for the following : Our investigation found that the transaction in question was completed using a device that is consistent with previous account activity. 

We based our decision on our records and the information you provided when you contacted us about your account. If you have additional information pertaining to the transaction ( s ), please contact us at the toll-free number listed below.

You may request copies of the documents used in our investigation and we'll mail the information to you for your records. 

We now consider this claim closed. '' -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- On XX/XX/XXXX, I received the following : " We've received your dispute regarding our decision on the fraud claim for the above account. Our decision hasn't changed. 

What you should know .... 
We've completed a thorough review of your claim and our decision was based on that research. We understands that you disagree with the outcome of the fraud review and regret that we're unable to resolve this in your favor. '' -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- OnXX/XX/, I sent them another letter disputing their above findings. My XX/XX/ letter follows. 

" To fraud department : This letter is to again formally protest and dispute a fraud claim filed by me, and your decision on the claim. I am enclosing my first dispute letter with this one. I ask that you specifically address, point by point, my following concerns regarding your investigation. I ask again, that you re-decide this claim in my favor, and accept the culpability and responsibility that you have. I also request that you sign your decision with the full name of the individual responsible for making the fraud determination. I feel that your fraud department has defrauded me the same way that Mr. XXXX XXXX did. 

Your fraud decision letters do not adequately the following points, and in general, do not state the reason ( s ) for your decision ( s ). Please specifically address the following. Where you have identified your reasoning, you state that the transaction was typical of others in my history ; and that the transaction was done because I gave the individual access to my computer. Neither of these is correct or true. 

Point # 1, I told you about the transaction as it was occurring, out of my control. The individual took over my computer, and there was nothing I could do, except inform you, while it was occurring. I gave you information to identify the transaction, to stop it, to pursue the individual, while it was in progress. I specifically told you I did not authorize any transactions to either my credit or debit card. Your fraud department agent told me not to worry, they would handle it. Please tell me what more I could have done, and whether you are going to honor these words of your fraud department person. 

Point # 2, You have stated that the transaction was typical of other transactions on my computer. Nothing could be farther from the truth. In my entire history with Bank of America, ( since XXXX ), neither I or my wife have ever used my computer, or for that matter, any computer for a single transaction. I use my computer to look at my purchases and balances, to dispute charges on my statement ; that is it. My wife transfers rewards savings from our credit card to the debit card using her phone. Neither one of us has ever used the computer or phone for on-line cash transactions or banking. Neither one of us has ever done a XXXX transaction. It is only now that I know what a XXXX transaction is. Be that as it is, please tell me of any cash transaction that you can find in my credit card or debit card history. There are none, so dont use that as an excuse or reason for denying my claim. 

Point # 3, You charged me an interest charged on Bank Cash Advances fee of {$94.00} onXX/XX/XXXXXX/XX/XXXX for the transaction that I did not authorize, had never done before, and told you to stop. You can not do this. I also dispute this charge. Since I have never done a cash transaction, including this one, I dispute this additional charge, and demand that you remove the charge and return my money.

Point # 4, I was forced to pay for the transaction and the transaction fee with my last payment, XX/XX/, to avoid your overly high interest rate of 24.5 % on unpaid balances, and 27.24 % on cash transaction fees. As part of this payment, you will note that I used the {$890.00} that remained from the fraudulent transaction from my current debit card to pay for the fraud. Please understand that is the only reason I used the {$890.00}, and I still dispute the charges. I now understand that I did not have to make this payment.

Point # 5, I want to point out something else, for you to address. The debit card that I had during this claim, has never been activated. My current debit card that I received after the fraud claim, I only recently activated ( XX/XX/ ) to help pay the fraud claim ( point # 4, above ). I have not activated the cards since my wife and I seldom use the debit card. It is difficult for me to deposit money into the account ; and we have it set up for an emergency purchase if needed. Why do you have an activation process if it does not provide security from fraudulent use? Since the card was never activated, the transaction should not have occurred. 

Point # 6, I was told by one of your fraud personnel that I could open up a wire fraud claim, which I did. It is claim # XXXX. When I recently checked on this claim, I was told it was denied, based on me allowing the transaction on my computer. Believe me, I did not knowingly give or allow this transaction to occur on my computer. When people hack into your computer, and steal private information, have you knowingly given them this access? I was not aware that the wire fraud investigation was also conducted by you. I thought it was by an outside agency, like the FCC. This in itself gave me a false hope that I could get a resolution to the fraud. It took me about 3 hours, transferring from XXXX in Delaware, to XXXX in Tennessee, to XXXX in Tennessee, to XXXX in XXXX, to XXXX in XXXX to finally get an answer on the claim. During this time, XXXX was on hold, could not get thru to your fraud department for quite some time, and had to call me back several hours later with the number for XXXX in XXXX so I could get an answer. 

Point # 7, Do you not allow people to use their last names in talking with customers to avoid accountability and responsibility in how you deal with situations and claims? None of your fraud claim decision letters contains a/the name of the person making or responsible for the determination. I was never personally contacted in your investigation of my claim. Had I not written you, there is no way you would have known the specifics of my claim. All that you have is the transaction history, which you did not get that right. Apparently, its just a numbers investigation that you do.

Point # 8, I was told by one of your nameless agents that you do prosecute these cases of wire fraud. I dont believe that. Nothing was done by you to prevent the transaction from occurring. Nothing has been done since. The day after it occurred, I had my wife call the phone # that was used and that I gave to your agent, the same individual answered. He hung up when my wife asked for XXXX XXXX. 

Please specifically address all 8 of my points. Please accept culpability and responsibility in allowing this fraud to occur. Please credit my account for the fraud transaction I reported to you, and you still allowed to occur. 

I have filed a police report, Case # XXXX with Detective XXXX XXXX, XXXX County Sheriffs Office, XXXX, MT. He tells me he seldom gets cooperation or returned calls on claims with credit card companies. I am also now looking into legal action. As you can guess, I am very unhappy with the transaction, its outcome and your fraud determination. I wish you no harm, but I have lost my respect for you. I dont enjoy getting transferred 4 -5 times over 3 hours on the phone to try to get answers to these matters. I will say that some of your employees are far more understanding than the unsigned letters I received. Your claim letters dont even contain a return address where you can be contacted, only your 800 number. 

Please find, included a copy of my first letter dated XX/XX/. '' -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- I have not received their reply to my above letter.

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