Consumer complaint received 2020-11-07
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: WA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
On XX/XX/2020, fraudulent activity was discovered on my account. My card was locked at this point by my banking institution. I was unaware of the fraudulent activity and my card being locked when I discovered that I couldn't make purchases. So I called my bank ( Bank of America ) to discover what had happened. Apparently, my personal debit card had been compromised. According to the representative I spoke to XXXX XXXX or XXXX? I don't remember ) Between XX/XX/XXXX and the XXXX a number of transactions had taken place on my account from another state totaling over {$1400.00}. I did not catch it myself because I have a large sum of money in my account and I am guilty of not reconciling regularly. And the fraudster got so comfortable that they even set up reoccurring payments on my account for their bills. Bank of America only red flagged my account once the fraudster tried to set up a digital wallet all with using my debit card information. Upon Bank of America requesting the fraudster to verify my phone number that was attached to my account, they discovered that it could possibly be fraud. The fraudster used their own personal phone number. This is what I was told from Bank of America 's representative. I told them that it was fraud. I had no intentions of setting up a digital wallet. And I have not set up reoccurring payments in the state listed in the transactions. From there on I filed a fraud claim. On XX/XX/XXXX I received two alerts at XXXX XXXX from Bank of America that my fraud claim was denied. In the emails they state that I can request the documents used to determine the resolution you could find the email in the document I attached. When I contacted Bank of America to get this information I was denied. And was told that I need a subpoena to request the documents on my own account of why they chose not honor my blatant claim and the documentation that should be available upon request by the consumer and owner of the account. I've been banking with Bank of America for over 13 years. I am upset this is how I am being treated. I had confidence in Bank of America to handle this appropriately. I had confidence in they're fraud protection. I had confidence I would never have to go through something like this where I have to prove my own innocence on my own account and to have to be treated as if the account is not my own. My account has not been frozen. My debit card was just locked. I need assistance. I called Bank of America once again yesterday XX/XX/XXXX and was sent to another department to request to have my account reopened and escalate my claim. a new representative have reopened my claim but if I want any of the information for the denial I still need a subpoena. What are some steps I could do to get this information from Bank of America who refuse to honor their fraud protection guarantees. Who must I see to get a subpoena for my account information? This is insane. I also found out that Bank of America does not do the criminal investigation into the fraud that is blatant there so I will put in the police report myself today. Please assist. Any advice is welcomed.

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