Consumer complaint received 2018-02-21
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
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 at approximately XXXXCST, I discovered fraud that took place on my Bank of America checking account. They were listed as Online Banking Transfer. 

One occurred on XX/XX/XXXX for {$6500.00} and one occurred on XX/XX/XXXX for {$1500.00}. I did not initiate these transactions. 

I immediately contacted Bank of America and was told that the fraud department for banking was closed and to call back the following day at XXXX XXXX. I asked if there was anything that could be done that night as the {$1500.00} transfer was not showing as cleared at that time. I was told there was nothing that could be done that night and to call in the morning. 

I called on XX/XX/XXXX at XXXX CST and spoke to XXXX from Texas . He started a claim, changed my online login and instructed me to go to a Bank of America branch and open a new account. He told me that the account that had been compromised would be put on an XXXX hold and that it would be frozen. He also told me how the fraud process worked and that the investigation could take up to 45 days and that provisional access to my funds would be allowed after 10 business days. 

I went to the Bank of America branch in XXXX, Texas on XX/XX/XXXX and opened a new account. At this location I worked with XXXX XXXX. He also called the XXXX department on my behalf to see if there was anything else that could be done and also transfer over the remaining balance of the old account into the new account. 

After talking with Bank of America, I contacted my homeowners insurance company, XXXX XXXX, and started an Identity Theft Claim with them. They put me in contact with a company called XXXX that has been assisting me in the process of protecting my identity. I immediately put a 90-day Fraud Alert hold on my credit report. I also elected to freeze my credit account and have begun the paperwork for that process. I also signed up for XXXX to protect myself from any future compromises. I also filed a report with the Federal Trade Commission and have included the Identity Theft Report in this fax. 

Upon looking into my email, I discovered that communication from Bank of America was found in the TRASH folder of my email. Fearing that email may have been compromised as well, I created a new email address. I emailed XXXX at the XXXX Bank of America location and did not hear back from him within a day, so I called Bank of America and made the change over the phone. 

After changing my email, this triggered an alert from XXXX that I received on XX/XX/XXXX that information had been changed on my Bank of America account. I suspected that it was me updating my email address, but I logged into the app to verify and that is when I discovered an unknown phone number listed under phone numbers that ended in XXXX. I could not see the other portion of the phone number, but I know for sure this number is not associated with me in anyway. I also saw that it said that this number is being used for XXXX. I was not aware of what XXXX is, so I XXXX Bank of America XXXX where is read it is what is initiated to transfer larger sums of money. I called Bank of America again on XX/XX/XXXX around XXXX CST they informed that because it was Sunday, the Banking Fraud department was closed but I wanted to note what I was calling about and report it ASAP. They told me they could remove it and I asked that they please not do anything to compromise the investigation. They also informed that the number was added on XX/XX/XXXX which was the day of the first fraudulent transfer. 

Because the Banking Fraud Department was closed on XX/XX/XXXX, I called again on XX/XX/XXXX to make sure that the Fraud Department was aware of this and make sure the investigator was aware. She told me that it was still pending to be assigned to an investigator.

Wanting to get an update, I called the Banking Fraud Department again on XX/XX/XXXX and was told there was no update to report except that it had been assigned to an investigator and that I would be issued provisional access to my funds on XX/XX/XXXX. 

On XX/XX/XXXX, I received a Secure Message from Bank of America Fraud Department stating that my claim had been denied and the case was closed. I have included a copy of this letter as well. I would like to note that the XX/XX/XXXX number on the letter is incorrect and is only for check, debit card or ACH fraud, not banking fraud. 
I called the Banking Fraud department to get more information on the decision and was connected with XXXX from Texas. He told me that the claim was denied and that he could open it for Reconsideration. He told me that it Bank of America had until XX/XX/XXXX to let me know the decision of the reconsideration. I asked what else I could do today and he told me that is all that could be done. He did tell me that if I had any further evidence I would like to submit I could and I told him I did not have anything else because I have no idea what it is or how it was initiated. I asked if I could speak to his supervisor and he said that speaking to a supervisor would not change the outcome for the day. I told him that I still would like to speak to a supervisor and he told me he would put in the request. We waited as he placed the request for the supervisor. He then told me that the supervisor told him that speaking to the supervisor would not change the outcome for today and there was nothing more that he could do. I asked if I could speak to the investigator as no one had called me to ask me any questions. He told me he would put in a request for the investigator to call me. At the time of this report, I have not received a call from any Bank of America investigator.

I then contacted the agent helping me at XXXX and she instructed me on a few questions to ask of Bank of America. We then called Bank of America together and they were experiencing high call volumes and we elected to have them call me back. The number called was the number on the letter, XXXX, but again this was the check, debit card or ACH fraud department and not banking fraud. When I was called back, they transferred me to banking fraud. I was again connected to XXXX from Texas whom I was talking with earlier. I asked him why I was not sent a fraud avadavat and he told me that it is up to the investigator whether they require one or not and evidently it was not required in my case. I do not understand why this would not be requested when talking about the theft of {$8000.00}. I then wanted him to note that I have never given anyone my login information, that I had filed a report with FTC, was filing a police report and had began the process of freezing my credit reporting accounts. He then told me that telling him that information would not change the outcome of the investigation and that if I did want to communicate this information to put it in writing and send it to the fax number XXXX. Which I did and submitted on XX/XX/XXXX. I will include that letter.

I would like to clearly communicate the following : I was not asked to nor did I receive a Fraud Avadavat I have NEVER given anyone my banking login I have filed an Identity Theft Report with the Federal Trade Commission I have placed a 90-Day Fraud Alert on all three of the credit reporting agencies I have filed a police report with the XXXX County Sheriff Department and you can contact them at XXXX and reference Incident # XXXX I have been a Bank of America customer for 11 years and I have NEVER transferred large funds of this amount I was never contacted during the investigation process

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