Consumer complaint received 2019-10-02
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: SC
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem with a lender or other company charging your account
Sub-issue: Transaction was not authorized

Complaint:
On XX/XX/XXXX I opened my Bank of America online banking app to transfer funds. I noticed a debit in the amount of {$760.00} that I did not authorize. I called the number given by the bank for fraud protection, and they opened a claim, but they said it had not posted yet so they couldn't really see what it was for and that I would need to check my account after it had posted and call back. On XX/XX/XXXX I checked my account and the debit had posted and was labeled " Debit Adjustment Duplicate Item Reversing item posted on XX/XX/XXXX. '' I then checked my statements for that date and there was no deposit for that amount. I called the bank again, sure that the problem would be resolved quickly, but it was more complicated. After spending hours on the phone with the bank, I was told that the duplicate deposit was to my son 's account which had been closed in early XXXX because of check fraud. My name had been on his account because he was a minor when it was first opened. After speaking with approximately ten representatives in four different departments, I finally learned that Bank of America Collections Department had deducted the funds from my account for this supposed duplicate transaction in my son 's closed account. When I had learned of the closure of my son 's account in XXXX, I went to a branch to try to get more information about what had happened, but they refused me any information. They said that it stated in the deposit agreement that I had signed that they could close the account at any time without explanation. They said a letter about the account closure would be mailed to my son, and I requested a duplicate copy mailed to my address which I never received. Because the account had been closed, I no longer had access to the digital statements through online banking, and I did not have paper copies. I wanted to see where the duplicate deposit had been made. On Wednesday, XX/XX/XXXX I requested three months worth of statements on my son 's account so I could examine the transactions and try to figure out what had happened. They told me it would take 7-10 business days. Yesterday, XX/XX/XXXX was the 10th business day, and I have still not received the statements I requested. In the meantime, I also requested a copy of the check that they said had been deposited twice. They did mail me this image which showed that the check was a payroll check from my son 's employer. Bank of America only had information about the first deposit, which was legitimately made by my son directly into the ATM on XXXX. They did not have any information regarding the second fraudulent deposit for which my account had been deducted {$760.00}. I contacted my son 's employer, the issuer of the check ( written off of an account at XXXX XXXX ), to try to get more information on the fraud that had occurred at the end of XXXX and early XXXX. He explained that somehow someone had gotten digital images of several checks he had written and that they were depositing them through mobile deposits at different banks including XXXX, XXXX XXXX XXXX XXXX XXXX He had filed a police report. He told me that the check in question had cleared XXXX XXXX on XXXX or XXXX. I called and talked to the detective who confirmed the basic facts and said that the people responsible would probably never be caught and were operating from overseas. I called Bank of America again to provide them with the new information I had obtained regarding the fraud that had occurred on my son 's account leading up to this problem with my own account. On XXXX I asked to have my complaint escalated so I could talk to someone at a higher level. The representative insisted that I explain the lengthy conversation to her so she could " get me to the right person, '' but I was never transferred. Instead she put me on hold and contacted the Research and Adjustment Department which reportedly told her that XXXX XXXX had recalled the funds. I called again on XXXX to try to get through to someone in a position with more authority, only to have it repeated that XXXX had recalled the funds. 

Here are the main points of contention that I have with Bank of America at this point : The bank has not provided me with the paperwork that I requested, and they promised. 
The bank took money out of my account based on fraudulent activity on an account that was closed two months ago with no explanation of any details of the fraud or the investigation provided. The account that the check was written from was also closed. 
The bank has made no effort to resolve or explain this issue, despite the number of times I have called. The explanations I have been given when I have called to sort it out myself have been inconsistent, first stating that they had withdrawn the {$760.00} because it was a " duplicate item, '' later stating that there had been a " second presentation '' of the check and finally, that XXXX XXXX  had recalled the funds. Bank of America has not been able to provide me with any information or written proof of the supposed duplicate, second presentation or recall of funds. The only " proof '' they offer is a reference number to an email which they told me would show XXXX had recalled the funds, but XXXX XXXX  has not substantiated this claim. Most of what has happened I have had to piece together from my own persistence and investigation. Their customer service is absolutely lacking. 
I have been with Bank of America for thirty years, since they were Nations Bank. I opened and paid a mortgage through them. I am outraged at the lack of care my situation has evoked from the representatives of this bank. This action feels like being robbed. I trusted the bank with my money that I worked for, and through absolutely no fault of my own, it has been taken from me. And I cant even get any paperwork to explain their justification for taking it. 

This is my second complaint to the CPFB because Bank of America would not respond to the initial complaint ( submitted on XX/XX/XXXX ) since I had included my sons name in the complaint process and his name is not on my checking account. Therefore, the complaint was closed without me ever receiving a reply regarding it from the bank. 

Since the submission of my initial complaint, the account statements requested by me ( aforementioned ) did finally arrive -- to my son 's address. So even though I had confirmed the address to which they should have been mailed with the Bank of America representative, the documents were sent to the wrong address -- ironically, to the address of my son who is very much involved in this dispute and because of whose inclusion of name my earlier complaint was unanswered. 

Since the filing of the initial complaint, my son also received a letter at his address dated XX/XX/XXXX from Bank of America asking for us ( my name was also on the letter, though I did not receive a copy at my address ) to reimburse a second payroll check that had been issued to him dated XX/XX/XXXX and deposited on the same day at an ATM in XXXX, SC in the amount of {$1200.00}. The letter states that if reimbursement is not received within 30 days, we will be turned in to collections. The letter states that the check was presented a second time. Upon examining the bank statements finally received from my son 's now closed account, it is clear that there was no second deposit into his account ( or neither was there ever any deposit into my account for either check in question ). I have also met with XXXX XXXX and my son 's former employer who issued the checks in question. They have confirmed that both checks were somehow illegally duplicated digitally, altered and presented at other banks for deposit after the legitimate checks ( issued and deposited by my son, the rightful recipient ) had cleared the employer 's account at XXXX. They show no record of requesting reimbursement for the funds from Bank of America. I provided them with the reference number that Bank of America said linked back to when XXXX requested the funds back ( XXXX XXXX ), and XXXX is still checking into this from their end, but I am limited in this by the fact that I am not a customer of XXXX. I remain a customer of Bank of America and expect them to do the proper research necessary to clear me of these charges which are illegitimate and should never have been deducted or asked to be repaid.

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