Consumer complaint received 2022-02-02
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: PA
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 Saturday morning XX/XX/XXXX, I was alerted through the Bank of America Mobile Banking app that there was suspicious activity on my card and to check the account. I logged onto the app and saw 4 unfamiliar transactions from Friday XX/XX/XXXX that had posted that morning. I had the card in question in my physical possession, but those purchases were not made by me. 

I immediately processed those 4 charges are fraud through the app, then called Bank of America. Bank of America confirmed that the fraud claim was received through the app, the charges in question were temporarily credited, they closed my current card, a new card was mailed to me, and an investigation into the fraud would be opened. I continued to monitor my account, but no further fraud transactions were made. I received the new card and continued making purchases business as usual. 
On Sunday XX/XX/XXXX, I noticed in my Mobile Banking app that the fraud charges were reinstated as fees on my account. On Monday XX/XX/XXXX at XXXX, I called Bank of Americas fraud customer service . I opted for a callback and kept my place in line. They called me back at XXXX. I was advised that the charges were validated because they determined that the cards chip was actually inserted at the point of sale. Because I was in possession of the card at the time of the fraudulent purchase, and the representative said that it was virtually impossible to replicate a chip, they reversed the fraud claim and charged me. 

I asked about next steps to fix this. The representative advised that Bank of America would reopen my fraud claim for further investigation. She also said that I could file a police report and let Bank of America know the police report number once it was filed. I filed police report # XXXX with Detective XXXX XXXX XXXX  XXXX XXXX XXXX XXXX ) and this information was shared with Bank of America immediately. 
I also filed an identity theft report with the Federal Trade Commission today, Monday XX/XX/XXXX. I was able to XXXX the store numbers ( from my bank statement ) for the XXXX and XXXX stores where the transactions happened to figure out the addresses and phone numbers. These are in the area where I live, but I have never visited either store. I reviewed my bank statements for all of XXXX and confirmed that the only purchases made at either store were these fraudulent transactions in question. 
All of the details I know of the fraudulent transactions are below : XXXX # XXXX XXXX XXXX XXXX XXXX XXXX PA XXXX XXXX ( I called them this morning XX/XX/XXXX to see if they can pull a receipt, they said they were really busy and to try to call back for them to check the videos and computer. On call back, the manager advised that customers are unable to review security footage or POS signatures, the police would need to request them. ) 2 separate transactions on FRIDAY XX/XX/XXXX for {$100.00} and {$200.00} XXXX # XXXX XXXX XXXX XXXX XXXX, PA XXXX XXXX ( I have not tried to call them. I provided the store information in the police report. ) 2 separate transactions on FRIDAY XX/XX/XXXX for {$64.00} and {$62.00} On XX/XX/XXXX, Bank of America resolved one charge for {$62.00} as confirmed fraud but none of the others. I spoke with BOA agent XXXX the same day and requested written documentation of all information used in deciding to deny/approve these transactions as fraud. The agent was unable to tell me if or when BOA contacted the police department for the necessary information. I requested that the police report information be attached and that the Regulation E claim be re-filed with Bank of America. The agent agreed and re-opened the claim for the 4th consecutive time. I advised the agent that I would be filing a CFPB complaint today.

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