Consumer complaint received 2017-12-08
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
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/XXXX my husband went online to check our checking account balance and was shocked to see 6 transactions attempted and in " pending '' status by the use of his debit card. He immediately went to the bank. The bank representative, XXXX XXXX, told us not to file a fraud claim and not to close the account until the charges went from " pending to complete '' because once the fraudulent charges were complete we could tabulate a total amount and then the bank would reimburse us with " provisional credit ''. So we waited. 
On XX/XX/XXXX a total of sixteen transactions were completed in our account. Fifteen at XXXX XXXX XXXX and one transaction at XXXX, all done on XX/XX/XXXX, XXXX XXXX, to a total of {$16000.00}!!! Thirteen transactions were for {$990.00} at one store on ONE day. 

Neither my husband nor I, his wife, authorized or used his card to complete these transactions. No one else has permission to use our joint accounts. 
Because we had our checking account set up with overdraft protection, and the criminal called the bank and requested a one day spending limit to be raised to {$10000.00}, and the bank granted the request!, they spent all the money in our checking and then our savings account continued to cover the spending until less than {$200.00} remained. 
This is devastating.. 

My husband immediately went to Bank of America XXXX XXXX XXXX XXXX XXXX 
XXXX XXXX, FL XXXX and reported the fraud. A Relationship Manager XXXX XXXX took the information. 
He studied the account and agreed it was an obvious fraudulent act by someone who got their hands on a duplicate of my husbands debit card. He pulled up information in the account that documented someone ( the criminal ) requesting a duplicate debit card. The card was mailed out but it never came to our home. 

We later received letters from the bank telling us a copy of our debit card was being sent to us as requested. We never requested a new card and no card ever came to our address. 

XXXX XXXX filed a fraud claim and told us we would get our money back in 3 to 4 days. It never happened. I went to the bank again on XX/XX/XXXX. I was told the fraud claim was denied because the fraud investigation team could not reach us to ask more questions. They were using an old phone number we do n't have anymore. They had our cell phone numbers. 

So on XX/XX/XXXX, XXXX XXXX refiled the fraud claim, second time, and were told we would get our money back by XX/XX/XXXX. It never happened. We were told the fraud claim was denied because and I quote, " it happened with a chip card ''. This made no sense to us and XXXX XXXX did not understand it either. He could offer no further explanation. I asked to speak to the bank manager and he referred me back to XXXX XXXX, saying he knew the most about my case. 

So today, XX/XX/XXXX XXXX XXXX refiled a fraud claim, that 's the third one, and directed it to the manager of the fraud investigation team. He said he did n't know if that would help or not, but all he could do was make phone calls and relay answers from the fraud team. 

My husband and I are extremely upset. {$16000.00} is a large amount of money.to us, to anyone! The bank is not replacing our money or seeming to care. We need your help, please We have records of the transactions and letters from the bank giving approval for the increased spending limit. I do n't have a way to scan these forms

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