Consumer complaint received 2021-09-21
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem with a lender or other company charging your account
Sub-issue: Transaction was not authorized

Complaint:
These charges were did NOT authorized by me and I reported the fraudulent activity to XXXX XXXX on XX/XX/XXXX. I reported the fraudulent activity to BOA on XX/XX/XXXX as well. 

Based on the data provided by XXXX, BOA reversed the temporary credits on XX/XX/XXXX which caused my account to go into overdraft because XXXX XXXX claimed I authorized the transactions even after I sent XXXX evidence I DID NOT authorize the fraudulent transactions. If XXXX XXXX  would have followed the guidelines of the Electronic Funds Protection Act, XXXX XXXX would know the fraudulent activity was not initiated from my device ( cell phone ). 

I requested BOA to reconsider my claim and faxed in the emails with XXXX XXXX reporting the fraud. Copy of my IP address to show it is NOT the IP address used to initiate the fraudulent activity. Screenshots of the completed transactions history with XXXX XXXX to show the 2 transactions were not in my completed history and screenshots of my contact list to show the person money was transferred to was not in my transaction history. 

I have been monitoring the secure messaging center to see the status of my claim. I noticed on XX/XX/XXXX that my claim has been denied again. I was told because I had logged into my account 7 times between XX/XX/XXXX and XX/XX/XXXX I should have noticed the fraudulent activity. I noticed the fraudulent activity on XX/XX/XXXX after receiving an alert of the transactions. I was logging in to monitor when the transactions posted and to ensure BOA issued me a credit for the fraudulent charges. I have not received the official letter from BOA of the denial. 

I was logging into my account to monitor once transactions posted. I was hoping to prevent the transactions from posting but unfortunately, that did not happen. I also canceled my debit card and received an email on XX/XX/XXXX that the new card was being shipped to me. I also requested to have any future activity with XXXX XXXX canceled XXXX 

I noticed in the information provided by XXXX XXXX through my complaint with Bank of America, the IP address in their documents does NOT match the IP address for my cell phone. IP address for my cell phone is XXXX. IP address provided in their documents is IP XXXX. 

I did everything I could to alert BOA of the fraudulent activity. The transactions were initiated within 2 minutes of each other. From my previous faxes to BOA, I provided my IP address to show the fraudulent activity was not initiated from my cell phone and does not match the IP address provided by the merchant. I provided BOA the screenshots to show that the 2 transactions do not appear in my XXXX XXXX completed history. I provided to BOA the screenshots of the contact history to show the person that money was sent to was not in my contact list. I reported the fraud on XX/XX/XXXX and canceled my debit card and was reissued a new debit card. Even the email address of the person who received money is suspect XXXX. I have no idea who this recipient is. 

XXXX XXXX is not taking the situation seriously and has told me to work with my bank and local law enforcement. Bank of America is requesting I send the police report over to BOA for BOA to reconsider my claim again. 

BOA is also asking if it is fraud, why wasnt more money taken from my account. One reason why more money was not taken was because of the alerts BOA advised me to use to detect fraudulent activity. I never had a difficult time with fraud on my BOA credit card but I am having a very difficult time getting BOA to resolve a claim against my debit card. 

How can BOA tell as of XX/XX/XXXX what my account balance was as of XX/XX/XXXX when the transactions were initiated? If you take my ending balance as of XX/XX/XXXX, {$640.00} and back out fraudulent charges of {$500.00}, my balance would be {$140.00}. If the person is taking increments of {$250.00} out of my account, how could they have drafted more from my account when balance was below {$250.00}? 

If you look on the last page of the BOA resolution letter dated XX/XX/XXXX, XXXX XXXX provides a screenshot of the scam reported and XXXX XXXX is working to get my money back. You will also see I requested a refund with XXXX XXXX on the last page as well with not luck. 

Sad thing is XXXX XXXX and BOA are not working to get my money back. I have been a BOA customer for 24 years and BOA is making me do all the leg work to report the fraud and BOA is still denying that fraud took place even after me sending in relevant documentation to prove the fraud.

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