Consumer complaint received 2018-01-05
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 my purse was stolen including my driver 's license, credit/atm cards, checkbook and keys. I reported the theft and it is in a XXXX Police Report. I cancelled my Bank of America ( BOA ) cards, stopped payment on the missing checks, and removed most of the funds from my checking account. 

On XX/XX/XXXX-XX/XX/XXXX, three deductions totaling {$5500.00} were made from the BOA checking account belonging to my husband and me for " returned item chargeback ''. Apparently, on XX/XX/XXXX-XX/XX/XXXX, someone presented my stolen id, and BOA cashed 3 third party checks totaling {$5500.00}. This was despite the fact that there were not sufficient funds in the checking account to cover any one of the third party checks. 

On XX/XX/XXXX-XX/XX/XXXX, we met with a local BOA official who initiated a BOA fraud investigation, referencing the XXXX Police Report number. He put a " fraud hold '' on the account, and we discussed options for my safety deposit boxes since the thief had both my id and my deposit box keys. Ultimately, I re-keyed both boxes. 

On XX/XX/XXXX I was contacted by the BOA fraud investigator. I told her that my TX driver 's license was stolen which displayed my signature, along with checks, cards, etc. I also referred her to a second identity theft incident using my cancelled checks and gave the XXXX County report number. 

On XX/XX/XXXX, without any communication, BOA move funds from savings accounts of ourselves and our child to cover the overdraft in the checking account. I met with a BOA official at a local branch, who indicated that the fraud claim was denied, but that she initiated a " reconsideration request ''. She said they would email me the denial letter, which they did not do. 

After several calls to BOA check fraud, I received the denial letter which stated " The signature on the item ( s ) you claimed matches with the sample signature ( s ) on the account. Based on our research, identification belonging the account holder was used and we have n't been advised that your identification was lost or stolen. '' Between XX/XX/XXXX and XX/XX/XXXX, we contacted BOA at least 9 times via the fraud department customer phone lines, letters, and local BOA officials. We provided full copies of the XXXX Police and XXXX County reports. BOA continues to delay citing workload, errors in internal communication and work processes, lack of information, adherence to internal durations, etc. On XX/XX/XXXX, the representative indicated that the first reconsideration request was not done correctly, and did not take place, so he provided the proper paperwork, and now the completion date was XX/XX/XXXX. On XX/XX/XXXX, another representative indicated that there were 2  reconsideration requests, that the first one was denied but there would be no communication to me, to call back after XX/XX/XXXX.

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