Consumer complaint received 2021-04-12
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Credit card or prepaid card
Sub-product: Government benefit card
Issue: Trouble using the card
Sub-issue: Problem using the card to withdraw money from an ATM

Complaint:
This complaint is about Bank of America I am writing to you about a fraudulent ATM withdrawal at the XXXX branch of Bank of America on XX/XX/XXXX from my Employment Development Debit account in the amount of {$560.00}. 
I reported the fraudulent withdrawal to Bank of America Fraud Investigation Unit on XX/XX/XXXX. I then requested an investigation into this crime. I was interviewed on the phone by three different individuals representing the Fraud Division. No police report of this crime was reported.

I received a letter from the Bank of America Fraud Division on XX/XX/XXXX stating that their investigation was closed and that they believed that fraud was involved. The tone of their letter insinuated, implied, suggested that I was responsible, but that was not directly stated. 
I have been making every attempt, unsuccessfully, to contact and speak with a representative of Bank of America to solve this problem and have my money restored to me. The following questions have not been addressed by the bank ; Why is the investigation closed? 
Where is evidence, specifically video evidence, which I requested? 
Where is my money which was fraudulently withdrawn? 
Additionally, there are no appointments available at a Bank of America branch in XXXX, XXXX XXXX or XXXX, the communities nearest me. 
Bank of America administers the funds from Californias Employment Development Department to its clients. The Employment Development Department is a state agency which has chosen Bank of America to be the custodian of these funds. As such, Bank of America bears the responsibility for loss mitigation and recovery of funds. 
Bank of America is guilty of violating the Unfair Competition Law, according to the Southern Poverty Law Center. 
I applied for and was denied provisional credit, despite the banks claim that it would be available. 
Additionally, I received by mail a new Employment Development Department debit card, which I am unable to activate at Bank of America. 
There are two equally inept and corrupt agencies in this story. The first is Bank of America and the second is California Employment Development Department.

The last payment I received from the Employment Development Department was on XX/XX/XXXX. I had also filed with the Employment Development Department for an extension of unemployment insurance benefits, and Pandemic Unemployment Insurance. Only days later, the fraudulent withdrawal transaction was made at the XXXX Branch of Bank of America. 
Benefits which were supposed to be paid to me were frozen by the Employment Development Department after I reported to them that my EDD debit card was hacked. I attempted, unsuccessfully, to reach the Employment Development Department by phone many times. On XX/XX/XXXX XXXX, I called the Employment Development Department 11 times. On XX/XX/XXXX, I called them 10 times. On XX/XX/XXXX, 6 times. The XXXX, I called them 12 times. The XXXX, 10 times. The XXXX, 13 times, the XXXX, 4 times, on XX/XX/XXXX, 4 times, on XX/XX/XXXX, 4 times. XXXX, XXXX, 4 times, and XX/XX/XXXX, I called them 6 times. Altogether, I called the Employment Development Department over 86 times and never once spoke to a person. I was informed by a recording that I could not be helped and they were hanging up. 
As a result of the events narrated above, my Bank of America debit card remains frozen and unusable, and I have not been reimbursed for my monetary loss.. My Employment Development Department account is frozen. I can not access any of the funds which are mine. 
I mailed 4 valid copies of identification to the Employment Development Department on XX/XX/XXXX via certified mail. As of XX/XX/XXXX, the items I sent via certified mail have not been signed for. When I tried to contact the Employment Development Department, I was directed to their website, which had been taken down for system maintenance. 
I demand that the funds which were fraudulently withdrawn from my account be returned to me by Bank of America. 


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 monetary relief