Consumer complaint received 2022-09-21
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Credit card or prepaid card
Sub-product: Government benefit card
Issue: Problem with a purchase or transfer
Sub-issue: Charged for a purchase or transfer you did not make with the card

Complaint:
Someone counterfeited my Bank of America EDD Debit card. On XX/XX/XXXX I went to use this debit card to withdraw {$1000.00} from the ATM at the Bank of America ATM on XXXX XXXX and XXXX XXXX in XXXX CA. The ATM denied the withdrawal saying I had reached my maximum withdrawal for the day, however, I never went to the bank that day. I called the Bank of America customer service number on the back of my card and they said there were ten {$1000.00} withdrawals, one a day, for the past 10 days. As soon as I realized my money was being stolen on XX/XX/XXXX, I called Bank of America Prepaid Claims to cancel that debit card and send me a new card. I have not used the new card and I cut up the old card. 

I filed a fraud claim with Bank of America on XX/XX/XXXX. I included the following transactions. 
XX/XX/XXXX : {$1000.00} withdrawal XX/XX/XXXX : {$1000.00} withdrawal XX/XX/XXXX : balance inquiry : XXXX Withdrawal time : XXXX $ XXXX Again on XX/XX/XXXX : transaction date XXXX $ XXXX, but it posted on on XX/XX/XXXX at XXXX ( 6 mins minutes after XXXX  ) XX/XX/XXXX : XXXX $ XXXX withdrawal, posted on XX/XX/XXXX 24 minutes after XXXX  XX/XX/XXXX : transaction at XXXX XXXX posted on XXXX ( me ) Bal inquiry at XXXX and XXXX withdrawal was on XX/XX/XXXX posted at XXXX XXXX  on XX/XX/XXXX XX/XX/XXXX : XXXX withdrawal at XXXX XXXX  posted on same date XXXX : bal inquiry at XXXX ( 44 mins after XXXX  ), withdrawal of XXXX at XXXX XXXX  XXXX : bal inquiry at XXXX seconds and then ATM $ XXXX withdrawal 30 seconds later at XXXX seconds XXXX  XXXX : inquiry at XXXX XXXX  and $ XXXX withdrawal at XXXX XXXX  XXXX : XXXX XXXX $ XXXX withdrawal Then Bank of America rejected my claim because they said I made the withdrawal at the ATM on XX/XX/XXXX. After looking into it, I realized the agent and myself made a mistake by including two transactions that I had actually made. I made the transaction on XX/XX/XXXX and I made the transaction on XX/XX/XXXX. I asked Bank of America to remove the two withdrawals I made on those dates and to send in a reconsideration of the claim with those two withdrawal transactions removed. Bank of America said the removal of the two transactions were approved and removed from the claim, however, Bank of America still kept denying the claim. 

The following transactions are definitely fraud and I have been trying to dispute them for since XX/XX/XXXX to get the {$8000.00} from me that was stolen : XX/XX/XXXX : balance inquiry : XXXX Withdrawal time : XXXX $ XXXX Again on XX/XX/XXXX : transaction date XXXX $ XXXX, but it posted on on XX/XX/XXXX at XXXX ( 6 mins minutes after XXXX  ) XX/XX/XXXX : XXXX $ XXXX withdrawal, posted on XX/XX/XXXX XXXX minutes after XXXX  XX/XX/XXXX : transaction at XXXX XXXX posted on XXXX ( me ) Bal inquiry at XXXX and XXXX withdrawal was on XX/XX/XXXX posted at XXXX XXXX  on XX/XX/XXXX XX/XX/XXXX : XXXX withdrawal at XXXX XXXX  posted on same date XXXX : bal inquiry at XXXX ( 44 mins after XXXX  ), withdrawal of XXXX at XXXX XXXX  XXXX : XXXX XXXX at XXXX seconds and then ATM $ XXXX withdrawal XXXX seconds later at XXXX seconds XXXX  XXXX : inquiry at XXXX XXXX  and $ XXXX withdrawal at XXXX XXXX  XXXX : XXXX XXXX  $ XXXX withdrawal There were eight total {$1000.00} withdrawals that I did not do which are fraud. 

On XXXX XXXX I filed a police report with the City of XXXX. The police report number is : XXXX and the officer is XXXX # XXXX. Currently, Detective XXXX of the XXXX Police Department is working on my case to press criminal charges against the person who committed fraud against me. When I spoke to Detective XXXX yesterday on XX/XX/XXXX, She informed me that she spoke with Bank of America and they told her the footage is now deleted as it expires after 120 days. However, I believe Bank of America is lying that they no longer have the footage because they mailed me a still capture image of myself at the ATM from XX/XX/XXXX and they mailed that to me on XX/XX/XXXX, which is way past 120 days. Now Bank of America is lying to the police. 

I feel like Bank of America has been pushing me around in a circle and now the footage that proves my innocence to get my money back is " erased '', according to Bank of America. 

I request the {$8000.00} stolen from me is returned. I have filed numerous complaints to Bank of America against agents who misled me during the claim process and against agents who said they did something that they did not actually do. I.E. removing the two transactions that were me. 
On XX/XX/XXXX I spoke to XXXX a supervisor who said their team working on my claim will review all the footage. That never happened. 
On XX/XX/XXXX the claim was denied again because XXXX, a supervisor in Kansas said they were only looking at the two videos of me, and they had not looked at any additional footage from the other dates that I was disputing since the first video showed me at the ATM on XX/XX/XXXX. She said she requested for the transaction on XX/XX/XXXX to be removed. She also said the withdrawal on XX/XX/XXXX was removed from the claim. 
On XX/XX/XXXX I spoke with XXXX, a Bank of America agent from Georgia. She said she did a withdrawal to remove the XX/XX/XXXX transaction and sent in a request to escalate it. This was contradictory to what XXXX told me, because she said the XX/XX/XXXX transaction was already removed, but this other agent said it was not. XXXX said she also did not see a letter generated to remove the XX/XX/XXXX transaction, so she submitted a request to remove that transaction from the claim. She also filed three complaints against agents who did not properly file the removal of transactions and she claims that she escalated those complaints. My claim was still getting denied. 
On XX/XX/XXXX I spoke to XXXX in Alabama. She submitted a reconsideration request of my claim. 
On XX/XX/XXXX I spoke with XXXX in Nevada. I told her that in the mail, I received still captures of two transactions that I did. One on XX/XX/XXXX ( which was not included in the claim ) and one from XX/XX/XXXX. I asked her why Bank of America won't send me the footage/still captures of the other eight ATM withdrawals that I know were not me. She said since Bank of America identified me in the transaction from XX/XX/XXXX, they didn't look at anymore footage, they just denied the whole claim. She also confirmed that the two transactions on XX/XX/XXXX and XX/XX/XXXX were finally removed and excluded from the claim. However, If this was truly the case, I don't know why the claim would still get denied when the other 8 transactions will not show me because I was never at the bank in the wee hours of the morning when those 8 transactions took place. XXXX also submitted a request to have the images of the other 8 transactions mailed to me. I was waiting over two weeks for these images but I never received anything in the mail. 
On XX/XX/XXXX I spoke to supervisor XXXX in Texas. He submitted another reconsideration request and he recommended I write another letter to Bank of America explaining the situation. I submitted another detailed letter to them via fax and still have heard nothing back. According to Agent XXXX, there are still attempted transactions being made on the old card even up to XX/XX/XXXX. 

I called the OCC and State Banking Regulator of CA. They recommended I file a complaint here. 

Bank of America, to my knowledge, never reviewed all the tapes of the transactions that were in this claim. 

Overall, the patterns of these fraudulent transactions do not align with my behaviors using the debit card and I know the footage of the eight withdrawals I am contesting will show the person making those withdrawals, I solemnly swear is not me, XXXX XXXX XXXX. I have also been a loyal Bank of America customer for personal checking accounts since XXXX and my current business accounts are also with Bank of America since XXXX.

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