Consumer complaint received 2019-08-15
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NY
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:
On the evening of XX/XX/2019, I was in my apartment when I received an email from Bank of America stating that suspicious activity was detected on my Visa card. It showed a declined transaction of {$650.00} at " XXXX XXXX XXXX XXXX '' and an approved transaction at the same store for {$420.00}. I selected the embedded email link that stated " No, I don't recognize one or more of these transactions '' and called Bank of America to file a fraud claim. 

When I spoke to a customer service representative, they told me two other fraudulent transactions had been approved on my card -- each transaction was for {$100.00} at " BP # XXXX XXXX XXXX XXXX XXXX ''. The fraudulent charges made before Bank of America shut down my card thus totaled {$620.00}. 

I was asked if I or anyone from my household could have made those charges. I assured them that was not the case -- my partner and I were both in the apartment that evening when the fraud alert email arrived. I told the service rep that I have never been to either of these establishments before. I also checked to make sure that the card was still in my possession -- it was -- and told the service representative. A fraud investigation was opened and the charges were removed from my account. 

On XX/XX/2019 I received a voicemail from the fraud department asking me to call them back. I returned the call and was told my fraud claim had been denied because the chip had been used at the stores in question. I reiterated that I had possession of my card at the time of the charges, so this was impossible. They offered no proof that the chip had been used, but re-opened the case on appeal. They also put the charges back on my account. I received a letter soon after re-stating the reason that the claim was denied. 

As a Bank of America customer of 12 years who has always paid my bills on time, I feel I am not receiving a swift or appropriate response to this fraud. I therefore filed a police report the next day -- XXXX XX/XX/2019 -- explaining that my card could not have been used for these charges as it was in my wallet at the time. On XXXX, XX/XX/XXXX I called Bank of America and asked them to add the police report to my case -- they added the case number ( # XXXX ) and gave me a fax number to submit the full report ( fax : XXXX XXXX which I immediately did. I also pointed out in the cover letter that clearly " XXXX XXXX XXXX '' had some level of awareness that the transaction was fraudulent having denied the initial charge of {$650.00}, before approving the charge of {$420.00}. 

I think it is also highly suspicious that this fraud occurred on a card that had been mailed to me very recently -- I received an alert in my online account that " A new card is on the way '' on XX/XX/2019 and the fraud occurred 12 days later. 

On XXXX, XX/XX/2019 I received an email stating a different credit card of mine ( a XXXX card ) had been used to buy groceries at a XXXX in Georgia ( I am in XXXX XXXX ). While this may be coincidence, it seems like there has been some sort of security breach to my financial information, and so I have locked my other credit and debit cards where possible ( my credit reports were already frozen ), changed all my passwords, and am following up with that fraud claim with XXXX. I alerted Bank of America to this new credit card fraud on Wednesday, XX/XX/2019. 

I would like Bank of America to immediately remove the fraudulent charges totaling {$620.00} from my account before any interest or fees accrue, and approve the fraud claim in total. As a loyal, long-term customer I feel that Bank of America has not responded swiftly or effectively, and this entire ordeal has caused me to consider rescinding my business. 

Thank you for your assistance.

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