Consumer complaint received 2020-05-08
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NY
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 XX/XX/XXXX a purchase amounting to {$1300.00} was made at the XXXX Store  in downtown XXXX, NY on my XXXX XXXX Visa card by Bank of America. I had the card on my person, no one else had access to the card. Although I live in XXXX, I have never visited this store. I did not make this purchase nor did I have any knowledge of someone making a purchase using my card. Prior to this purchase my card had a {$0.00} balance, and I had it set up to pay the balance in full each month automatically. 

I first learned of the fraud when a full payment went through on XX/XX/XXXX, overdrafting my checking account. I immediately called Bank of America to dispute the charge. I told them that I had the card on my person, but I had not made this purchase. Earlier in XXXX I had received a text alert from BoA about a purchase of {$0.00} that I had not made, and I confirmed via text that I did not use my card at that moment/location. 

BoA credited my account with the {$1300.00} and said they would review the fraud claim. On XX/XX/XXXX, I received a letter from the bank saying they were not going to approve the claim, and that " we confirmed you card was used for the charge ( s ). The chip was read, your pin was entered, and/or you signed for the merchandise or service, which indicates you or someone you allowed to use your card was present. '' Again, I had my card on me at all times, and did not make this purchase. 

When I called to get more information, I was told that I would need to go in person to a bank if I wanted to dispute their decision, so I made an appointment for the next day. On XX/XX/XXXX I visited the Bank of America located at XXXX XXXX XXXX in XXXX, NY and met with XXXX XXXX. Mr . XXXX was very helpful. I gave him all of the information I had and he told me I would need to gather more information to dispute the claim. 

Following our meeting, I visited the XXXX precinct in XXXX to file a police report. An Officer XXXX took my complaint, and let me know that it would be transferred to the XXXX precinct ( the precinct for my residence ). The next day I spoke with a Detective XXXX ( not sure about the spelling ) from the XXXX precinct. I repeated all of the information I had, and he told me he would visit the XXXX store in question. He seemed to believe that the purchase of {$0.00} made in early XXXX was likely someone testing a card. He did not think it unusual that someone could make a fake card. He gave me his number, and I would be happy to provide it to you all if you would like to talk to him. 

After this, I met with XXXX another time ( not exactly sure about the date, but I think 1-2 weeks later ), and he called the fraud center to say I had more information. I did not really have more information at that point, and when I followed up with the Detective he said he wasn't able to get any information from the XXXX Store and advised I go to see a copy of the receipt. 

I called the XXXX Store and they said I would have to go in person to a store to see the receipt, but I could go to any XXXX Store. I then visited the XXXX Store close to my work, in XXXX XXXX. They told me I would actually need to visit the original store. Unfortunately, I procrastinated a bit on this, and then the XXXX Stores closed down with Covid-19. 

As of XXXX, BoA has begun to charge me interest on the purchase I did not make. As of now, I am paying the minimum each month. 

Please let me know if you need any other information! I have been trying to get out of about {$10000.00} of credit card debt that I accrued over the past few years. I have never disputed a charge that I have made. If I had needed something from the XXXX Store that cost {$1300.00} I would have made that purchase and paid for it.

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