Consumer complaint received 2022-04-14
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MD
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:
In XX/XX/XXXX I was the victim of a phishing attack. A fraudulent actor texted me, posing as my boss, and directed me to purchase gift cards and provide the gift card number. I made these purchases using both my Bank of America credit card and debit card, totaling approximately {$13000.00}. In the course of this fraud, the fraudster also obtained my bank account number and routing number. 
When I realized what occurred, I disputed the charges and called Bank of America, which put holds on my accounts and directed me to go to a bank branch to further resolve the issue. The next day, I went to the bank branch, explained the situation, and was directed to a Bank of America employee ( XXXX XXXX ). I explained the situation to XXXX XXXX, and she said that I was a fraud victim and would not be liable for the charges. We also discussed the need to close the existing bank account and open a new one since the fraudulent actor had received my bank routing number and password. I completed paperwork to close the existing account and open a new account, and ordered checks for the new account. XXXX XXXX told me that because I was a fraud victim, the cost for my new checks would " probably '' be reimbursed. Based on XXXX XXXX 's representations that I was not liable for these charges, I did not attempt to contact the merchants who sold these gift cards or take other potential loss mitigation steps ( other than contacting the police ). For example, these merchants have a policy limiting the quantity of gift cards that can be sold to one person on a given day and a merchant exceeded that policy. Had I known Bank of America was not going to honor its word to me and make me liable for the fraud charges, I would have challenged the transactions with the merchant. By misrepresenting to me my responsibility for these charges and paying the merchant for them Bank of America deprived me of that opportunity, and Bank of America did not make that argument itself. 

Approximately one week later, XXXX XX/XX/XXXX, I received a letter from Bank of America stating that my dispute was denied and that I was liable for the debit card charges. The letter also states that " If we used documents to resolve your claim, we've included them with this letter, '' and that " If you'd like copies of the documents we used to make this decision, please call us at XXXX. '' Contrary to the statements in the letter, no documents were attached. When I called the number on this letter, I referenced the statement in the letter, told her I intended to appeal the denial of my dispute, and asked to receive the documents used to resolve the dispute ; the Bank of America representative informed me that documents were used to resolve this dispute and that they would be provided to me. However, Bank of America did not send those documents. Instead, about one week later, a Bank of America employee called me and told me that the appeal of my dispute had been denied. I told her that I had not yet submitted my appeal as I was waiting for the documents used to resolve my dispute, and she promised to send them to me. But I have still not received such documents. 

Subsequently, in XX/XX/XXXX and XXXX and XX/XX/XXXX, I have written and called Bank of America seeking the documents related to this dispute. Bank of America has ignored my written requests, but when I finally get through to someone on the phone, I get conflicting answers regarding the documents : I have been told there are documents ; I have been told there are documents but Bank of America will not provide them to me without a subpoena ; and in XXXX conversation I was initially told there were not documents and then when I asked how a decision was made on my dispute the representative told me there were documents but I could not have them. Each time I have asked Bank of America for a written statement regarding whether I can access the documents it used to resolve my dispute ; however, Bank of America has declined to do so and instead sends another letter telling me to call the number to request the documents but when I call and request the documents I am not provided the documents or an explanation of what occurred. This circular process appears to be designed to prevent me from getting information about the dispute resolution process or appealing the denial. Bank of America employees ' statements that no documents were used to resolve my dispute, or that I can not receive those documents, directly contradict the representations in the communications from Bank of America. 

As part of the fraud, charges were also made on my Bank of America credit card. While Bank of America ( XXXX XXXX XXXX initially told me I would not be liable for these charges, in XX/XX/XXXX I received a letter stating that I was liable for these charges. The letter refers to a " charge '' at a " merchant '' and says that I had similarly made other charges at that " merchant. '' However, this fraud involved multiple charges/transactions at XXXX different merchants, and Bank of America XXXX XXXX correspondence and my online banking records indicated multiple disputes at multiple merchants. Thus, the language in Bank of America 's letter does not even address all of the disputed transactions. Moreover, I had never shopped at XXXX of the merchants involved before, and the nature of the products ( gift cards ) and amounts purchased are not at all consistent with my past charges. When I pointed this out to Bank of America in a letter, it wrote a second letter that merely changed " merchant '' to " merchants '' but did not address the other issues I raised. I have tried communicating with Bank of America further about these credit card disputes but it has been unwilling to do so. 

During several of the XXXX I have spoken to Bank of America about these disputes, they have acknowledged mistakes on the part of their employees, that their communications were misleading, or that their protocols were not followed. However, they have refused to provide me any actual remedy, or even give me an opportunity to challenge the substance of these dispute denials. 

Despite my clear instructions to Bank of America to close my existing checking account because the account number and routing number had been obtained by a fraudster, Bank of America unilaterally refused to close this account. Specifically, Bank of America sent me a letter in XX/XX/XXXX saying that I had requested that it keep this account open, when in fact I requested the account closed and it is illogical that I would ask it to keep open an account that had been compromised when I opened a new checking account. Bank of America has kept this open despite my telling them in writing and verbally on multiple occasions to close the account because it is at risk of fraudulent charges. Bank of America 's failure to do so subjects me to heightened risk of further fraud. Moreover, notwithstanding XXXX XXXX 's statement and its refusal to close my existing account, Bank of America charged me {$40.00} for checks for the new bank account even though there is an option to order checks at no charge. If I had known that Bank of America would refuse to close my existing and fraud-compromised account, I never would have paid an unnecessary fee for unnecessary checks for my new account. 

The letters that Bank of America has sent denying my claims are internally inconsistent, inherently inconsistent, and do not address all aspects of my dispute or reasons I am not liable for these charges. 

As a result of this fraudulent activity, charges were placed on my credit or debit cards with XXXX other banking institutions ; these institutions did not hold me responsible for these fraudulent charges.

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