Consumer complaint received 2017-01-20
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Bank account or service
Sub-product: Checking account
Issue: Making/receiving payments, sending money

Complaint:
I traveled on vacation from from XXXX to XXXX & XXXX from XX/XX/XXXX -- XXXX. While away, I received a text alert on XX/XX/XXXX ( see attached ) asking me to verify that I attempted XXXX specific, recent transactions. I responded " yes '' because I did attempt those transactions. ( XXXX arose out of concessions purchases at a hockey game and the XXXX was a restaurant charge ). The transactions totaled less than {$100.00}. 
When I returned from the trip, purely as a precautionary matter, I logged on to my Bank of America ( " B of A '' ) on-line banking. This was either XX/XX/XXXX or XX/XX/XXXX. I wanted to see how much I had in my account. It was then I noticed XXXX ( and possibly XXXX ) charges that I had not authorized. I immediately contacted B of A 's fraud dept and provided all information that I thought was relevant and answered all their questions in the process of filing a claim. I told them that the following charges were definitely fraudulent : XX/XX/XXXX {$1500.00} PMNT SENT XXXX Visa Transfer XX/XX/XXXX {$1000.00} PMNT SENT XXXX XXXX XX/XX/XXXX {$1400.00} PMNT SENT XXXX XXXX XXXX . / XXXX XXXX {$1000.00} PMNT SENT XXXX XXXX XXXX XXXX ( I do not know anyone named XXXX XXXX, nor have I ever authorized any expenditures for or transfers to her ) I also informed them of a possibly fraudulent XXXX transaction : XX/XX/XXXX $ XXXXPMNT SENT XXXX XXXX XXXX ( I included this because I saw the name XXXX ). 
When I hung up after filing the claim, I felt that there was insufficient measures taken to protect the rest of my money in my account. I suggested to them that they cancel my debit card and prevent any further wire transfers from my account. I was also told I would receive provisional credit within 10 business days. 
During those 10 days, I placed several TC 's to B of A to check on the status of the claim. Yesterday ( XX/XX/XXXX ), I was told that the provisional credit would be applied by XXXX on XX/XX/XXXX. This morning I looked and the credit was not there. 
I called today and was told the claim was denied because : ( 1 ) I was text alerted to " suspicious '' activity which I authorized ; ( 2 ) the fraud occurred in a 9-day time span ; and ( 3 ) the fraud stopped immediately after it was reported. 
I begged B of A to re-open the claim and revisit the grounds for the denial. They told me they did not even know the specifics of the text alert they sent me which they presumed was my authorization of the the exact fraudulent expenditures which were the subject of my claim. 
I am shocked and sickened that B of A cited my text authorization of XXXX legitimate, unrelated expenses totaling less than {$100.00} in support of its denial of my claim for {$5000.00} of fraudulent activity. Also, there was nothing indicating the XXXX suspect transactions referenced in the text alert were " suspicious. '' It appeared to me that the alert was generated simply because they were purchases out of my home state of XXXX. Therefore, I had no reason to be suspicious of any malfeasance with my account. Under these circumstances, that B of A would hold the duration of the fraudulent activity ( approx. 9 days ) against me when evaluating my claim is also upsetting. 
I NEED this resolved ASAP. They told me a fraud manager would re-evaluate my claim by next Tuesday ( XX/XX/XXXX ), but that I could not contact that person or anyone evaluating my claim. I can not wait much longer for this process to resolve. I have a mortgage to pay, child to feed, and other bills that need attention. 
What they have done is, at the very least, negligent. It is becoming increasingly clear that they simply want to avoid paying a legitimate claim.

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