Consumer complaint received 2018-08-10
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
On the morning of XX/XX/2018, I was robbed of my debit card and smart phone at a gas station in XXXX XXXX. I found a police officer nearby and told him what happened. He told me to go back to the gas station while he called in another cop to take down my report. Once the cop arrived at the gas station, I told him everything that happened, and he gave me a copy of a police slip to take with me. He called me a cab, which I took back to my XXXX, paid for by the remaining cash I had left in my pocket. Once there, I immediately got on my laptop and checked my bank statement, realizing that the women who robbed me spent over {$700.00} of my money already, {$600.00} on ATM withdrawals and {$120.00} at a XXXX. So I locked my cards, called Bank of America through my laptop, and informed them of the robbery and fraudulent charges. They told me to unlock my card so they can fully cancel it on their end ; and that they would send me a new card. They also told me that I would need to call their claims department for some of the fraudulent charges, because they involved " authorized '' ATM withdrawals. Lastly, they said that they would give me a temporary credit for the stolen money while they looked into my claim and conducted their investigation. 

The next day after I got back to XXXX, I went to a Bank of America banking center, to make sure that my new card was on the way and that I would soon get my temporary credit. A few days later, I got a temporary credit for the {$600.00} that was stolen, but did not receive any temporary credit for the {$120.00}. So I went back to Bank of America and told them about it ; they corrected the issue, although it took almost two weeks to receive the temporary credit. At some point during the investigation, I received a message from Bank of America stating that they needed more information about the theft. So I complied and filled out an online form with more details about the theft and the officer who talked to us. 

Then on XX/XX/XXXX, I received another message from Bank of America stating that the investigation was done, and they concluded that all of the fraudulent charges were authorized. Therefore, they were going to reverse the temporary credit on XX/XX/XXXX. I called them on XX/XX/XXXX to ask about their investigation and why they were denying my claim, and they told me that since the fraudulent charges were authorized by entering my PIN, they concluded that the charges were not fraudulent. They also admitted that their claim investigation process did not actually involve contacting the XXXX XXXX police officer whose information I provided ; they simply verified from the vendors that a PIN was used for the purchase. I explained to them that I don't know how the robbers knew my PIN, but that it shouldn't matter because I got in touch with the police immediately after the theft, which should signify that a theft actually occurred. I also told them that I could submit the police report if that helps my case. They told me that they would reopen a new claim, and that I should submit the police report and any other supporting documentation ( such as the claim approval notice for my new phone that my phone insurance provider sent me ). I asked if they would then hold off on reversing the temporary credit, since they are reopening my claim. They said that they weren't sure. I told them that if they gave me a temporary credit for the first claim, it's only fair to let me keep the temporary credit until the new claim is completely investigated. I also mentioned that I would have severe financial hardship for the rest of the summer if they reversed the credit. They said that they would make a note of my request, but could not guarantee anything. 

A few days later, I got another message from Bank of America asking me to provide more details for the reopened claim. However, the link they provided didn't work properly, and I was unable to upload any supporting documentation. Then, on XX/XX/XXXX, I found out that the temporary credit for both the {$600.00} and {$120.00} was in fact reversed. At this point, I was frustrated enough with my bank and its claim process that I stopped attempting to upload any documentation ( which they told me would not even guarantee that they would verify my claim and get my money back ). As of now, the investigation for the reopened claim has not yet concluded, and I can no longer afford to wait for my bank 's response.

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