Consumer complaint received 2019-07-17
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
On XX/XX/2019 at roughly XXXX XXXX in the morning, I got into the backseat of a cab in XXXX, Illinois and got a ride back to my hotel. I had been having a few cocktails that night, swiped my card on the reader, typed in my pin and attempted to pay. From my recollection, there was an issue, the cab driver slid it again, and at that point, switched my card with another red Bank of America debit card. If we are being honest here, I was in an inebriated state, did not notice, and this is my best recollection of what happened. I returned to my hotel and passed out. My friends who were in town with returned to the hotel by XXXX found me in my bed and did not lot leave my vicinity until the next afternoon. 

The next morning at XXXX XXXX central standard time, after waking up and having breakfast with the individuals that I stayed with, I get a text from Bank of America asking me to confirm three transactions on my debit card. There was a declined amount for {$1300.00} and two transactions for {$210.00} and {$310.00} that were approved. Still at XXXX XXXX i responded with No. 

At that time, I called the Bank of America fraud number and found out that there had been {$6000.00} in transactions that morning : Two ATM withdrawals just before XXXX central, Two purchases greater than {$2000.00} each within 1 minute of each other at XXXX XXXX XXXX, and the two purchases noted above before my card was restricted. There were no transactions from the night before. I called in my claim and a new debit card was ordered for me. At no point was I instructed to provide further information, no point was I suggested to file a police report, and at no point was I given any information to help the Bank solve my claim. 

I called in the next day, XX/XX/2019 to provide further information and give the name of the card that mine was replaced with. In speaking with the member from Bank of America, that card was locked. I noted that as this was a large claim, I asked for the claim to be expedited, as I needed to pay bills ( XXXX XXXX is rent day ). I was fortunate that I had a roommate that could pay the total and I had just enough money in my account to pay my half of the rent. During my call with Bank of America, I also noted that there were four individuals that could verify my location during all attempted transactions and it was noted during the conversation, after I viewed my statement, that several ( a total of 7 ) of the attempted but stopped transactions took place after I had issued a stop on the card. I also noted that 1 ) I rarely use my debit card and 2 ) if my bank of america debit card was rejected 7 times, why was my Bank of America credit card not used. 

On Thursday, XX/XX/XXXX or Friday, XX/XX/XXXX, my claim was denied because " the transactions took place using my pin ( which was obtained the night before when I attempted to pay ), they could not verify that the individual using the Bank of America ATM because I had not withdrawn cash from an ATM in a while, and I had not filed a police report. '' At no point prior to this was I informed to file a police report ( I had returned to my home city of XXXX ) nor was I asked to confirm my identity against the individual using the ATM in question. 

On Friday XX/XX/XXXX, I called in to Bank of America and reopened my claim at the first instance of learning my prior claim was denied. They told me that day my claim would be settled within 45 days. In my calls, it was not officially reopened until the XXXX. 

I continued to call into Bank of America to provide updated information and continue to help process my claim. On XX/XX/XXXX, I provided a written statement outlining my case, noting that this claim was related to Regulation E, noting that my card was attempted to be used 7 times after the card was cancelled, and providing further receipts to my location showing that I was not in the area when the charges were made. I also provided a signed statement by an individual who was with me at the time the transactions were made during the XXXX timeframe to confirm that I was in my hotel room at that time. 

On XX/XX/XXXX, after trying to call and fille police reports in the Illinois jurisdictions and finally being able to return to XXXX, TX ( my home ), I filed a police report.and the next day, provided that information to Bank of America. 

During the week of XX/XX/XXXX, I called Bank of America again stating that I could provide more information and would like to speak to the fraud XXXXnvestigator to speed up the process. At this point, I had over 12 calls. At this point in time, I was told that my claim could be open 90 days and if I did not provide sufficient information, it would be closed and they would not pay. I informed the individual again that this was a regulation E claim and that I had made all reasonable efforts to retrieve my card and this was covered by the regulation. 

I continued to call back ; however, no further progress was made. I began a new job requiring a large amount of hours and my calls slowed down for XXXX. Over that time, I was informed of multiple dates my claim would hit 90 days outstanding. 

On Sunday, XX/XX/XXXX, I submitted a fax to Bank of America ( roughly 90 days after reopening my claim ). At this point, I outlined the information for my case, the key facts including the information of the card I had obtained that was not mine, noting my witnesses to my whereabouts during all transactions, the attempts while i was on the phone with Bank of America, and the reasonable attempts to revoke any previcied authorization of any transactions. I highlighted that this was a Regulation E violation, access had been revoked, and all perceived negligence is not an excuse to hold the consumer to greater penalty than the regulation allows. I offered to speak with a fraud investigator about my claim ; however, at the end of the fax, I noted that my next steps were to file a complaint with the CFPB and the FRB ( I realized later, that the notice should have said OCC ). 

On Monday, XX/XX/XXXX, I called into Bank of America one last time, noted that I had submitted my fax and it was confirmed to be received. I again stated I had planned on filing a compliant and I also requested a callback at the time of decision, which was noted to be occurring that week. At roughly XXXX central on XX/XX/XXXX, I was notified that my claim was accepted and the funds would post to my account fully on XX/XX/XXXX, which happened. My claim had been settled, and I was whole ( with the exception of the opportunity cost that I could have received on my {$6000.00}, as that money could not be invested ). 

While I have had my money returned rightfully, I am still writing this complaint to highlight the struggles that I went through dealing with that institution and to speak of the insane difficulty and lack of responsiveness to help with my claim. Throughout the whole process, I did everything in my power to provide the information requested and to help settle my claim, but the institution did nothing to help me. For over two months, I had highlighted the exact regulation where the Bank was required to refund my money, but nothing was done. I had to make over 10 calls and did everything asked and more. 

On roughly XXXX XXXX, I had a XXXX XXXX one evening that was partially associated with losing virtually my entire Bank account balance. This was in no way the only factor, but it played a significant factor in my XXXX XXXX at the time. I was fortunate that I am a lucky individual that has family that would be able to give me money/ did provide funds available for me if I needed at the time. I was fortunate to have friends and a roommate that would float me for several days to pay my bills. I was also fortunate that I made an above Median household income salary as XXXX XXXX that understood at least some of the rights that I had ( and I learned a lot more along the way ). 

If this would have happened to another individual, the advantage that this institution would have taken on them would have been near insurmountable. Individuals may have been evicted from there homes, struggled to pay their bills and so many more terrible things that may have happened to them and their families. This event took place on a Saturday night that happened to be the day after the last Friday/ working day of the month, a payday for a large portion of Americans . The way I was treated could have ruined many individuals in my shoes and that is why I have filed this complaint. I am lucky that I was able to make it through this situation, but the effect it could have had on those that aren't afforded the privileges I am could have been devastating.

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 explanation