Consumer complaint received 2022-08-31
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MO
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:
Here is a timeline of the events underlying this Complaint and Bank of America 's inaction : XXXX, XXXX I subscribe to XXXX as a measure to protect myself and my family from identity theft and credit fraud. XXXX notified me of suspicious activity using my name and social security number. This activity was at Bank of America. For the record, I do not currently have, nor in the past had, accounts with Bank of America. 

I received a letter from Bank of America, dated XX/XX/XXXX, regarding suspicious activity on my account. This was a surprise because I did not and do not have accounts with Bank of America. ( Also, please note, if I had received any correspondence prior to this regarding these accounts, I may have recycled it, as I have no accounts with Bank of America. ) In early XXXX, I also received an XXXX XXXX credit card in the mail. The enclosed correspondence welcoming me to the account was dated XX/XX/XXXX. 

On XX/XX/XXXX, I called XXXX, and XXXX with XXXX connected me with a Bank of America representative, XXXX, with fraud. 

I learned the following accounts were fraudulently opened on XX/XX/XXXX : Checking or savings, account number ending in XXXX Checking or savings, account number ending in XXXX I learned that transactions related to these accounts had taken place in New York. The Bank of America representative froze these accounts ending in XXXX and XXXX on XX/XX/XXXX. I received follow up letters dated XX/XX/XXXX regarding these XXXX accounts and sent all documentation requested, including proof of residency in XXXX Groves, Missouri, to the Bank of America Fraud and Claims Dept. 

Also on XX/XX/XXXX, following the discussion of the above accounts, I was transferred to the credit card fraud department to discuss the credit card ending in XXXX ( XXXX XXXX card ) that was fraudulently opened. As an aside, and to point out the customer service nightmare, I was transferred first from XXXX, then to XXXX, then to XXXX, then to XXXX, then to XXXX. I dont recall which one told me of a second credit card, account number ending in XXXX ( Alaska XXXX XXXX ), on which a cash advance of {$5900.00} was taken in XX/XX/XXXX. I asked the representative several times where the cash advance had been taken. I was told that information could not be shared with me it was unclear whether the representative didnt have access to said information or if Bank of Americas policy is to protect the thief, not the victim of fraud. I was asked for the full account number several times, which I did not have because I was never in possession of the card ending in XXXX. 

For the record, I was on the phone or on hold, repeating my story, for more than five hours. 

On XX/XX/XXXX, I filed a police report ( report # XXXX ) with the city of XXXX XXXX, MO, in which I have resided since XXXX. Furthermore, I placed a freeze on my credit with XXXX, XXXX and XXXX. 

XXXX XXXX-Present In a letter dated XX/XX/XXXX, Bank of America determined I benefited from the fraudulent activity on the credit card, account number ending in XXXX. Soon thereafter, I received a credit card statement, the first Id received related for this account, with a balance of {$7100.00}. On XX/XX/XXXX, I began another protracted ordeal ( five hours ) on the phone and on hold with Bank of America at XXXX a.m., trying to connect with someone to help me. After being on hold XXXX minutes, XXXX from Texas listened to me regarding the XX/XX/XXXX letter. She transferred me ( on hold for XXXX minutes ) to XXXX in North Carolina. I repeated everything Id told XXXX to XXXX, who then said shed transfer me. After XXXX minutes on hold, I hung up. I called back at XXXX a.m. and spoke with XXXX in Tennessee, transferred at XXXX to XXXX, who transferred me to XXXX at XXXX. At XXXX XXXX., after an hour of repeating my information and XXXX investigating the matter, XXXX said someone would call me back the following day before XXXX XXXX I never heard from anyone at Bank of America UNTIL! Another credit card statement in XXXX! Now the balance is up to {$7300.00}. ( As a reminder, we are still talking about the fraudulent XXXX  XXXX credit card, account number ending in XXXX. 

I contacted XXXX again on XXXX XXXX, XXXX after receiving the second credit card statement. XXXX with XXXX connected me with XXXX at Bank of America. He researched the activity, asked if I'd ever lived in New York or Arizona, to which I responded no, which I can easily prove. He admitted there were address ( es ) and phone number ( XXXX ), not mine, associated with this account. I asked him to tell me where the cash advance was taken so I could also easily prove I was not at said ATM to take a cash advance. He was unable or unwilling to provide this information. XXXX advised me to visit a local Bank of America branch and get someone to advocate for me and to contact a lawyer so I could appeal this. He also mentioned the XXXX  XXXX cards as being an issue. Im not sure what Im supposed to appeal, because Bank of America refuses to provide information about this fraudulent transaction. When I mentioned my excellent credit record and the potential for this to negatively affect it, he suggested I write letters to each to explain the situation so they can take it into account. 

On XX/XX/XXXX, following my conversation with XXXX, I filed a formal complaint with the Missouri Attorney XXXX office. On XX/XX/XXXX, I filed a formal complaint with Bank of America, sent to XXXX XXXX, Head of Consumer and Small Business Fraud. I also filed and identify theft report with the Federal Trade Commission. 

In summary, I did not open the accounts outlined in this letter. Three accounts were successfully closed. The one credit card account, with a balance, remains in dispute. I have learned that other address ( es ) and telephone number ( s ) were associated with this fraud. I can prove Ive not lived or traveled to New York and/or Arizona this year. I have spent countless hours ( some documented, others not ) disputing this. Bank of America will not provide the documentation showing where the cash advance was taken, and therefore, is holding me, the victim of identity theft and fraud, accountable. 

In my complaint to XXXX XXXX with Bank of America, I also have requested that they listen to the recorded calls regarding this fraud. I also am aware that as a financial services institution, Bank of America is required to report and respond to this complaint. I have requested an response from XXXX XXXX to resolve this.

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