Consumer complaint received 2019-01-12
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NV
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/2019at XXXX, we received a phone call. The caller ID displayed Bank of America ( photo attached ), so we answered the phone. The individual identified herself as a Bank of America ( BofA ) employee and explained that one of our debit cards had been compromised and she needed to order a new card and setup a new pin. I think she notice our hesitation to cooperate with her and she explained that the number we see on the caller ID was the same number on the back of our debit card. She also told us our address, it was correct. We did check, and the numbers matched. She did ask us if we made a purchase at a Florida XXXX  store and we said no. She advised us to ignore all other texts and emails from BofA, because while we were on the phone she was resetting our account, I did get another text from XXXX ( photo attached ) asking me to confirm the XXXX purchase. She told us not to reply because she was taking care of the transaction. She continued to explain that she needed a code for our account to help us, she said she would send it to my cell phone and then gave us the number, it was correct ( she had our cell number ). Then we received 4 texts from XXXX and each text had a different code. Each time we received a text she asked us for the code ( photo attached ). As we were giving her the codes we were logged on to our account and do not notice any strange activity. Then we were sent back to the login screen and could no longer log into our account, and when questioned we were told that she needed to do a master reset. She reassured us that she was taking care of everything and we would be able to get into our account once the call was ended. Once the call was ended we were able to login to our account and noticed a purchase at XXXX in Florida for {$2200.00}. The purchase was tried 3 times and returned twice. Also, there was a transfer of {$1400.00} from our saving to our checking, and this transfer was done by this person who was pretending to be a BofA senior fraud agent. 
Right away we called BofA at XXXX and spoke to a gentleman named XXXX. He was very helpful. We asked if someone from the BofA fraud department had just called us. He said yes, there was some activity. He asked if the lady that had spoken with us was XXXX XXXX. We said we were not sure. He said she was a senior fraud agent and worked for BofA and she had flagged our account. He told us that activity on our account looked strange and that there had been no new debit card order on our account. He wanted to cancel the compromised card and issue a new card right away. XXXX also stated that since the previous activity ( fraudulent activity ) was done by a senior fraud agent he needed to get approval from his supervisor. He did get the approval from his supervisor to basically lock down our account. He advised us to go into the bank branch first thing in the morning. During this same call we were advised that our daily limit had been raised ( to allow fraudulent purchases ). XXXX also filed a complaint in our behalf regarding the activities of the senior agent who called us ( XXXX XXXX ). Later ( at the bank branch ) we did find out the fraudulent  people used the BofA employees credentials as well as another agent ( XXXX XXXX ) to make the XXXX purchase, raise our limit, and transfer money form saving. While the Branch Manager was on the phone with a BofA online presence technician in New York, she told here that this had happened with two other customers from that branch in XXXX in last two months, the same two BofA employee credentials had been used for fraud. 
First thing Friday morning we checked our account and there had not been any other activity and we called XXXX to make sure that our claim was in process. We did talk to two agents XXXX and XXXX and we did setup a verbal password for our account, were given a reference number for the bank branch, and were advised to get to the bank as soon as we could to completely close out the checking and saving accounts. 
XX/XX/2019 at XXXX, we were at the branch closing our accounts and opening new accounts. The agent did not use the reference number we were given because she had never used one before. Instead she made a phone call to someone that told her what needed to be done. The agent reassured us that the accounts would not be linked to the old accounts and there would not be any more activity. The agent told us that they did not want anything linking the old and new accounts because they did not know if the frauds still had access to our accounts. However, that is not the case and all accounts are still linked to us. On XX/XX/19, I did receive an email notifying me that my old account was overdrawn. Also, all bill pay information, alerts, and cash back deals were transferred to the new account. 
When we closed out our account we were given a closing statement that was incorrect. The statements did not list the purchase at XXXX and the transfer date for the {$1400.00} was wrong. However, we did not notice the mistakes until later on Saturday. We had an appoint scheduled for Monday at the bank branch with the same agent, so we would get the corrected statements on Monday. On Monday, when I requested the correct statements I was told by the agent that she could not see the account or get me the needed paperwork. I told them that I need the correct statements and the agent went and talked with her supervisor. Her supervisor was able to provide me with a statement that shows the purchase and the transfer. However, the other two charges that were declined were not listed on either statement. I have attached photos of both statements. 
Monday, XX/XX/XXXX was the last time that we met with the bank branch and they were not very helpful, and it seemed that we were more of a nuisance instead of customers. Since then we have called XXXX to check our claim status and take care of a direct deposit issue. XXXX was very helpful, and he filled a complaint regarding our experience at the branch on Monday. 
We were told that we would have to wait until XX/XX/2019 ( 14 days after the fraudulent activity took place ) for a decision to refund us the {$2200.00} or not. And it may take up to 90 days for the investigation to be completed. XXXX ( the first real employee we talked with ), said that the Bank would most likely return our money and credit us the amount on the XXXX. We feel that because the two banks employees credentials were compromised and not protected by the bank that this allowed the criminals to act as BofA employees is not our fault and we should have had the refund immediately. And as customers of BofA for that last 21 years, if bank management knew about the stolen credentials that customers should have been warned. We were told multiple times that we would be contacted by a member of the BofA fraud department to file a complaint with BofA and have not heard from anyone.

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