Consumer complaint received 2019-07-28
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
This letter is to complain about Bank of America ( BOA ) refusing to refund my {$500.00}, {$410.00}, {$10.00}, {$490.00} total of {$1400.00} stolen from my account on XX/XX/2019 after calling Bank of America to stop these unauthorized XXXX transfers on the same day, XX/XX/XXXX, about less than an hour ( XXXX ) after money was stolen from my account. BOA Claim # XX/XX/2019-XXXX, multiple transaction for a total of {$1400.00} stolen by XXXX XXXX, phone number XXXX, using XXXX transfer in BOA. Money was taken out of my checking account XXXX on XX/XX/XXXX. At around XXXX PM, I accessed my bank account and the balance was {$0.00}. I immediately called BOA to report the fraud and have the bank stop these for payments. BOA claim representative told me that he could not stop those transactions but had to wait for 3 to 4 days to have them clear my account, then file a claim. While BOA specifically states on its alerts to call immediately the bank if you have not made the transaction. 
Until today, XX/XX/19, Bank of America has refused to refund my money. 

The agent opened the claim and told me that an investigator will contact me within 10 business days and I will be notified in writing regarding action on the claim. On XX/XX/XXXX, I called BOA again to find out that my claim was already denied and closed. I was disappointed by the level of service and the mistreatment I had received from BOA Claim Representative. Who in several occasion I had to ask her to let me finish my sentence. The BOA investigator told me to provide a XXXX report or a police report, or file form IC3 with the FBI. BOA did not notify in writing or called me to request any supporting documents or to inform me that my claim was denied. The BOA representative state that he couldnt reopen the claim because they didnt have any proof. I argued the fact that no one ever attempted to get any further information and on what basis my claim was closed after waiting for 12 business days. 
I reached out to BOA again on the XXXX and the same claim was reopened. BOA claim representative told me to fax the police report to BOA XXXX and specifically stated that the police report was sufficient proof to get my refund. The same BOA representative advised me to never trust XXXX transactions due to the increasing level of security breach. I faxed all the evidence at the BOA local office onXX/XX/19. After additional 10 days, on XX/XX/XXXX, a BOA investigator called me and argued about my phone being hacked without proof. She would not let me finish my complete view of what had happened and tried several times to put words on my tongue to confirm that I had made all those fraudulent XXXX transfers. I also argued over the fact that I immediately had notified BOA who refused to stop these transfers. If I was the one authorizing those transactions ; why will I stop them immediately and try to steal from my own account? then report myself the police and the FBI? I told the BOA investigator that I work as a XXXX XXXX of XXXX, and that have worked as a XXXX XXXX at several places, been instructed by different companies with their bank accounts login access. As the account XXXX, I have managed billions of dollars of companies bank accounts but not one time have I stolen money. 
The investigator did not want to consider the police report as BOA previously suggested but emphasized on the fact that my phone was hacked and I needed proof. I have not reported that my phone was hacked and I told her that the phone company ( XXXX XXXX ) ( XXXX which I had contacted three times claimed that they do not know what XXXX  report meant, and were not able to know if my phone was hacked or not. XXXX XXXX also said that they did not keep records of text messages, service access log, or whatsoever. they could only give me a phone log. 

What happened to Bank of Americas ( BOA ) security measures when you see suspicious activities taking place in someones account? My money was stolen by : a. A name XXXX XXXX was added to my bank account as one of my receiver on the same day, and name was removed from the list right after the multiple XXXX transfers were made. 
b. That person had disabled all my phone alerts on BOA right before the transactions were made c. Multiple transfers to a name that seemed to not relate to my category since all my receivers names are XXXX. 
d. I have never transferred money to someone in New York while I leave in Texas. 
e. The receivers name XXXX was immediately removed from my list right after the XXXX transfers took place f. The XXXX transfers to an individual, not to a bill payment leave my account with a {$0.00} balance? 
g. Why Bank of America did not question or stop this by applying security measures? 
h. I called Bank of America right after this happened and the transactions were still processing. Why didnt BOA stop these payments? 
I am a victim of both Bank of America who is the Stewart of its clients money and is unable to protect or endorse its responsibilities in such situation. Hence, BOA is using a third party ( XXXX ) and is incapable of protecting its clients in its fullest. 
Scammer know how to still information where by accessing peoples computer, phone, or verbally. And thats what I was victim of. 
At this point, below are my assumptions based on what had happened on XX/XX/2019. 
I have two different people/companies that I am suspecting to be the spammers. 
First person is XXXX XXXX My money was stolen by XXXX XXXX, phone XXXX. And bank of America said that XXXX XXXX transferred my money to his XXXX XXXX bank account. I have never heard of this person XXXX XXXX XXXX XXXX or seen his phone number. 
The second person is XXXX XXXX, also known as a representative of XXXX XXXX loan provider. On XX/XX/XXXX, I had applied for a personal loan online. Then I received several text messages from XXXX XXXX. After calling him without answer, I text the phone number to ask him to call me. XXXX informed me that I was approved for up to {$5000.00}. Then he called me several times asking me for different personal financial questions related to my loan application. Then he sent me a copy of a check on my e-mail showing how the loan will be paid. I called him for the third time asking to just increase the loan to {$5000.00} so that I could consolidate my other two previous loans ( XXXX and cash for whatever loans ). Both loans were found online after applying for a loan the same way I had done with XXXX XXXX following the same procedure as follow : 1. XXXX ask/XXXX loan/cash for whatever, asked me to follow the instructions in order for their loan money to be deposited into my account. 
2. They sent me a text message informing me that I was approved 3. They sent me a link via text message and/or e-mail to access my bank account and provide them with my login access. All three lenders claimed that they needed my bank login for them to verify work direct deposit amount and make the loan deposits. 
XXXX. Then XXXX said that he was having hard time sending me the money and it should take about an hour or two hours. Then XXXX called again and asked me the same information I had provided to the previous lenders ( XXXX and cash for whatever ). They asked for my login and to accept the security code as it came into my phone, as it was needed to make the deposits. I provided XXXX with my login information and click on their phone text message to accept the login. XXXX, like the previous lenders told me to accept security code as it came in. which I once again did accept. I logged into my bank account several times while I was on the phone with XXXX to verify if XXXX had deposited money into my account yet. Then I told XXXX to call me back because I was going to my XXXX meeting. Shortly before my meeting was over, around XXXX or XXXX, I checked my bank account one more time but to find that my remaining balance was {$0.00}. XXXX to XXXX XXXX I immediately excused my self and left work for the day to call bank of America. BOA then informed me that I had to wait for the transactions to clear before anything could be done. 



1. My money was stolen by XXXX XXXX using XXXX : a. XXXX disabled my BOA alerts after b. XXXX added his name to my receivers list on XXXX. 
1. I only have 8 receivers on my list and you can see the historic on my account. 
2. All those receivers carry XXXX names because we are related except XXXX who is my travel agent. 
c. BOA does not require ANY phone authorization key when you add a receivers name. The only alert I had received on that day was any e-mail ( see attached ) alert notifying me that I had added XXXX to my receivers. Mind you that I was at work and dont access my e-mail all the time but my XXXX had disabled my phone alerts. 
d. To prove what I just stated, yesterday I added my daughter to the list under her first name XXXX XXXX and I did not receive any phone alert except an e-mail alert. And I did not receive any request of phone code from BOA asking for permission to add the receiver. 
2. This is to say that the Spammer after stilling my login did not need any phone to access my XXXX. The statement issued by BOA regarding a phone XXXX is irrelevant in this case of using XXXX. 
3. Unfortunately, I called my phone company which is XXXX XXXX  and they dont even know what XXXX report means. XXXX XXXX  also can not provide a history of text messages, and but they can give a call log. They also stated that their call log department is only a voice mail that gives you instructions to how to receive your log. ( XXXX ) XXXX. They do not have a local office where I can go in person. My daughter, XXXX XXXX XXXX, purchase my new phone from XXXX and added me to the XXXX XXXX XXXX plan. I went to XXXX yesterday and I was told that they did not have any phone technician nor did they have a local XXXX XXXX service. 
XXXX. I filed a police report on XX/XX/XXXX ( see attached ) with the XXXX XXXX Police in person and was provided the case number XXXX. The Officer told me that I was not the only victim of money transfer through different third parties such as XXXX and XXXX XXXX. 
XXXX. I have filed and attached the FBI report IC3 ( attached ) as instructed by BOA Claim Representative. The FBI did not provide me with a claim number except the one time chance to download my claim as a proof of filing. 
6. I paid a phone and e-mail search company to search up both numbers used on XX/XX/XXXX a. XXXX XXXX  XXXX used to get my money on XXXX. Belongs to an XXXX XXXX XXXX lady by the name of XXXX XXXX XXXX, located in XXXX XXXX, New York. The report shows that this number is inactive. 
b. The second number XXXX XXXX XXXX, also known as XXXX XXXX. This number came back anonymous without any available records. XXXX XXXX XXXX  is also a N/A e-mail. 
1. I have found an article online stating that Spammers are misrepresenting themselves as agents from XXXX XXXX to still money from people. Etc. ( article attached ). 
This means that I am not the only victim My assumption is that XXXX XXXX XXXX is also XXXX XXXX. 
7. However, XXXX XXXX is in New York, and XXXX XXXX in XXXX. 
8. Bank of America has the record of to whom the XXXX bank account my money went to and should be able to prosecute the Spam. 
It should not take me this much time of my work hours to have my bank refund my money. After all, we dont keep our money home because of safety and legal concerns since banks such as Bank of America claim to be FDIC insured ; and what happened to that STATEMENT when its customers are victimized? 
I expected a much higher level of service from my bank, Bank of America, which I have banked with for 11 years. As I have done all the research which should be the due diligence of the Banks Investigators. I am expecting to receive a full refund of my money which I am working so hard for. 

Sincerely, XXXX XXXX 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 explanation