Consumer complaint received 2021-02-09
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
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 woke up and noticed a flood of emails that there was recent several alerts to my personal email during the middle of the night ( XX/XX/XXXX ). The emails were from company, XXXX, which stated that my IP address had been changed. Through the emails, it showed several repeated attempts to gain access to my account and finally two approved transactions where they were able to get into my account and make purchases. I tried logging into my XXXX account, which I could not. So I then checked my personal checking account through Bank of America ( BoA ), and I saw that I had two {$1000.00} charges from Jubiter processing, as well as two {$30.00} transaction fees. I called Bank of America immediately ( somewhere between XXXX ) on XX/XX/XXXX and notified them that my account had been hacked and theses charges from XXXX were fraudulent. The lady from BoA I was speaking to told me that I could not do anything until the charges were posted. I tried arguing with the lady and stated that it did not make any sense why I needed to wait and that I did not want to have to argue with them about this issue in the future and why they could not just stop the charges now while they were still processing. The lady explained that it was their policy that they could not do anything until the charges posted. She told me to call back in 3-5 business days after the charges had posted. But she still canceled my debit card & I was issued a new one. So I waited several days as instructed, and called back on XX/XX/XXXX. I spoke with a BoA representative over the phone and discussed my claim and filed a new claim fraud report. During this call, I also told the guy that I had already tried calling immediately after it happened and was turned away to file later ; which this information was not put into his report. He took all of my information and I explained again what happened. He made it seem that everything was fine, didn't really have too many follow-up questions, and did not ask me to submit any additional paperwork. He said that he believed I should be getting my money back once the claim was reviewed and processed. I received a letter in the mail in XX/XX/XXXX, stating that my claim was denied ( do not remember the exact date ). I called BoA the day I received my denial letter and spoke with a woman who stated the reason my claim was denied was because I waited too long to report it ; which was false. I again explained everything to her. I explained how I tried to report immediately and asked them to please stop the charges while they were still being processed. She stated that this information was not in the original claim report from the man on XX/XX/XXXX. She told me that she would open another claim and this time submit the correct initial date I tried to stop these charges. She also asked for any proof I had. I submitted several screenshots from my computer showing fraudulent activity- screenshots that were showing that my account showed continued attempts by someone to gain access until they were finally successful. Over the course of the last several months, I have made several attempts to BoA checking on status and stating that I did not understand why it was taking so long and stating that I submitted the proof that it was clearly fraud. Every time I spoke with someone new ( never thinking to get a name because I thought it would surely be approved ) and each time, each person acted like I had done everything right and when looking up the screenshots I submitted they assured me that my money would be returned since it was clearly fraud activity. I probably called at least every 1-2 weeks to ask about the progress. I even called at one point to discuss the BoA fraud protection policy : stating that they advertise a {$0.00} liability guarantee and that fraudulent transactions were covered as long as reported promptly ( which I knew I had done because I tried reporting the very next day ), and that I should be covered automatically under this policy. They continued to say that everything looked good on my end, and that it may take up to 45 days for the bank to reach a determination. I got a letter in the mail on XX/XX/XXXX stating that my claim had been denied, again. I immediately called BoA and this time I started writing down names. I spoke with XXXX XXXX and she said the reason was because I had used the company before. I explained that that did not make any sense and said that if I had had fraud charges from XXXX XXXX they would have processed it, even though I've eaten at XXXX XXXX. The representative agreed, but stated that you are only allowed 2 attempts for fraud claims. She said she filed a complaint on my behalf. She gave me a fax # and stated that I would need to write a letter and fax it to them in order to try to reopen a new claim after 2 attempts. After I hung up, I called back and asked to speak with a supervisor. I spoke with XXXX ( ID XXXX ) and spoke with him about my overall claim and my dates I called, specifically mentioning how I called the day after while charges were still process. He stated that the " fraud activity '' seemed amiss since my account was not cleared, that no transactions tried to process after those 2 and after the card was cancelled, that I reported too late ( even though I just spoke with him about reporting it immediately ), and how my IP addresses came by to my location- which I stated yeah they should because they were able to gain access to my computer remotely. He stated that if I send it in again that it was going to be denied, and that I had a better chance by sending in a written statement and faxing it to them ; which I will complete tomorrow morning. 
None of this makes sense. I reported the activity immediately- they stated they couldn't do anything. And then tried to say I didn't report it because the guy did not take down that initial call info when submitting my claim ( I reported it immediately and even cancelled my debit card the very next day, so how could they possibly say I didn't report it when there's proof that I was issued a new card ). So then I attach all the fraudulent screenshots and they deny it because I've done business with them in the past. That doesn't make sense as well. I've had my account hacked in the past, and I've never had troubles of it getting approved. In past, it has been through gas station charges- why was that not a reason to deny in the past since I've used gas stations before? 
I just want my money returned to me. I have been in contact with BoA for months, and this issue is still not resolved and they are actually denying my claim and not wanting to reimburse me my money, even though I should be covered under their fraud protection.

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