Consumer complaint received 2019-02-08
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
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:
Good Morning : To whom it may concern : I am requesting that this Claim be reopened and that XXXX should be reviewed with accuracy and diligence. I have not been given the chance to argue the validity of this claim because we just received our letter from B of A this week. By that time B of A already closed this claim. That is a great in justice considering how long you had the case open, never the less I have evidence that I could have presented to B of A to prove my innocence. I can not get the necessary information to fully defend myself from B of A or XXXX IE all information on all items that I am claiming fraud for and old account information from XXXX which showed the items being ordered what I have ordered, profile information to include the email of the perpetrator and fraudulent information that was entered by the perpetrator before my account was re-established on XX/XX/XXXX because XXXX has taken this information off my account and it is no longer viewable. I am requesting that B of A demand this information from XXXX based on disclosing necessary information based on the freedom of information act. 
The first thing I want to talk about is where I was during the time these purchases were made. It would be impossible for me to have made any type of order from the XXXX to the XXXX of XXXX because I was on a long range fishing trip out of XXXX XXXX in XXXX XXXX from XXXX AM on XX/XX/XXXX to XXXX AM on the XXXX as noted by page XXXX of the enclosed documents to include the Manifest, the Receipt for the trip, and an email from XXXX XXXX stating there was no internet service where the boat went which was over XXXX miles due West from XXXX XXXX XXXX XXXX. I have also enclosed a leave request to go on vacation to fish out of XXXX XXXX and it is digitally signed by my boss XXXX XXXX. If you have any more questions about this please contact XXXX XXXX at XXXX XXXX XXXX or my boss at XXXX. As noted on XXXX number XXXX the order was placed on XX/XX/XXXXXX/XX/2018. This also means that I would have not been there for pick up on the delivery date of XX/XX/2018. I have also never used overnight shipping or accelerated ( Express ) shipping. I have also never ordered multiple items in this qty. I have also never placed such a large order in $ amount that was done on this order that is part of the profile of this order. Does not fit me and it was not me. Also, the emails sent to work address never allowed me to address these items being ordered. The perpetrator ordered the items on the XXXX and received the items on the XXXX where he picked them up at my address either off the front porch or off of the truck. The delivery trucks in my neighborhood have been delivering items to people just standing outside in front of house without checking ids or where they live from time to time also. I came back from the fishing trip on the XXXX of XXXX a Sunday and returned to work on the XXXX of XXXX By this time it was too late for me to address these issues. I would have not been looking for these items either since I did know they were ordered because I was on a fishing trip. 
The second thing I would like to address is the fact that XXXX knows my account was compromised. Monday on the XXXX when I got back to work from my fishing trip and looked at the unauthorized purchases on my bank account, I called XXXX. I also tried to log in on XXXX at which time I could not because the perpetrator changed the password and other items ( such as my email to his email because I saw it after I got to log in with the aid of XXXX ) in my profile. I told XXXX about this so they should know that my account was compromised. XXXX then verified who I was and then helped me to restore my account. I have 5 emails from XXXX showing the perpetrator trying to get into my account before he ordered the merchandise and I was on the fishing trip. After the 5th time of password resets the perpetrator starting ordering the merchandise. I would have addressed the password resets with temporary passwords if I was at work on the XXXX but I was on the fishing trip and the emails were sent to my work email. I am enclosing these emails pages 6-10 of the enclosed documents. Page 6 shows the perpetrator trying log in and having problems at XXXX am on the XXXX of XX/XX/XXXX, therefore ; a password reset was sent to my email at work at which time I was on the fishing trip. It also mentions in page 6 that the perpetrator answered the security questions wrong and was denied. But it mentioned that the perpetrator should call for assistance. Page 7 shows the perpetrator trying to attempt to register his device on my account. He was also having problems doing this at XXXX am on the XXXX of XX/XX/XXXX which still places me on the fishing trip. XXXX provided a temp password to my email account which the perpetrator did not get because it was sent to my work email and I was on the fishing trip. Page 8 shows again the perpetrator having problems registering a device at XXXX XXXX on the XXXX of XX/XX/XXXX this is the same scenario as found on page 7. I was on the fishing trip. Page 9 is similar also done at XXXX am on the XXXX of XX/XX/XXXX. I was on the fishing trip. Page 10 also is the same as page 8 done at XXXX am on the XXXX of XX/XX/XXXX. I was on the fishing trip. 
Page 11 will show the perpetrator attempting to order a gift card for XXXX dollars. This was not allowed by XXXX, never the less an attempt was made by the same perpetrator at XXXX pm on the XXXX of XXXX once again I was on the fishing trip. This order also shows an email I do not recognize of XXXX. XXXX recognize this email never used it. Who is this? 
Page 12 will show the perpetrator trying to order a XXXX $ gift card. I was never charged this but I just wanted to bring up the phone number on this order of XXXX XXXX be worth investigating. I have not tried to call this number either because I do not want to tip this person off! Why was this sent to this phone number who is this? Never the less, it was ordered under my account because I got the email for it. It was done on the XXXX of XXXX PM which at this time I had reset my account and re-established with XXXX I dont get this one who is this? 
Now, I want to discuss the receipt of the items on which a confirmation email was sent to my email which I was not aware of because I was on the fishing trip and did not see these emails until I got back to work on the XXXX of XX/XX/XXXX on my work email. The perpetrator used my account and had them delivered to my address and either got them off of the XXXX or off of my front porch. I dont know but I dont have these items and never ordered them! Plus my wife was at her Mother in Laws from the morning until the evening of the XXXX of XXXX when the items got delivered because she wanted to spend time with her mother I will submit a statement from her mother and boyfriend stating she was at their house when the items got delivered. She would have stayed at home if we knew that these items where coming in, but we had no way of knowing that because somebody else ordered these items not me not my wife and emails were sent to my work email that were delivered to my work email while I was out fishing! Page 13 XXXX camera arriving the XXXX. Do not have the tracking number because B of A only sent me the tracking number and details for the XXXX DVD player. Dont have this item and never ordered it. It would help if I had complete information on all of the items tracking number and when they were bought this information has not been made available to me which should be disclosed to me by rights of the freedom of information act. How can I prove my case on incomplete data /information provided to me to me by B of A!!!! I am not going to discuss all of items they are all similar to page 13, however I can discuss order number XXXX XXXX Audio DVD Player for {$100.00} ( Pages 14-17 ) because this is the only item out of 9 items I get to respond to because B of A only sent me information on this item. First of all the order date was XXXX of XX/XX/XXXX. I was fishing. Second, item delivered on XXXX of XX/XX/XXXX at XXXX. I was fishing and my wife was staying with her mother in law from the morning until the evening I will provide a letter from my mother in law and her boyfriend stating that she was there. Third, XXXX XXXX, as stated earlier the perpetrator was trying to register devices as noted on page 6-10 so is it out of the question to assume that in the long run he got to register his device and order the merchandise with his device and also change the password and email in my profile. I also checked my router IP with check my I.P. on the internet that is connected to my router and what came up was XXXX. XXXX, therefore ; I would challenge XXXX on the possibility that this IP belongs to a different device/router than mine because I have emails that shows the perpetrator trying to register devices under my account. Next, XXXX knows when I got back on the XXXX that my account was compromised, I could not even log in and there was information changed in my profile like an email that I did not even recognize. XXXX has deleted all the information from the ordering of this merchandise from my account and I can not talk to the fraud department at XXXX. I demand once again that B of A request all old information pertaining to this merchandise and my account as it was before I could check it and re-establish my account on the XXXX of XX/XX/2018 from XXXX. The only thing they can tell me to do is to put in a claim with my bank ( B of A ) once again this is a violation of the freedom of information act. Since these unauthorized charges occurred on my account, XXXX reestablished my account with me with a different password on the XXXX of XXXX XXXX. Next, I noticed on the last page of the documentation that it says that the Carrier ( XXXX ) was notified to pick up package? Was this somebody telling XXXX to pick up the package so it could be delivered? Finally, on the provided documentation last page it says item delivered on XXXX XXXX at XXXX PM. My wife was at her Mother in Laws which once again I will provide a statement for that, and I was fishing. My wife would have been at home if she was expecting a package for sure we do not let items lay on our patio if we know they are coming in but we had no way of knowing these items were coming in. So what were the times of the other items that were delivered on XXXX XXXX XXXX I have not been provided information on that so I can not make a statement on the other items!!! 
The next item ( Page 18 ) I would like to discuss is the location of my wife on the XXXX of XXXX, XXXX. This document shows that my wife was with her mother in law at address XXXX XXXX XXXX XXXX CA XXXX. She was there from early morning XXXX till the evening time at which time she returned home and noticed no packages on the porch. I was out fishing at this time. If we know a package is coming to our house we will make an effort to stay home until the package arrives. We did not make arrangements for these packages because we did not order them or know they were being delivered! 
The next item will show that I filed an identity theft report with the Federal Trade Commission. Please note for your records. Pages 19-20. 
The next item page 21 will show that the perpetrator tried to attempt to buy the XXXX XXXX DVD player and got declined at XXXX am on the XXXX of XX/XX/2018, he later then was successful on ordering this item on the XXXX I dont know what time because XXXX has withheld this information along which all the other information that is pertinent to this case. 
The next item page 22. This is the first day that I noticed fraud on my B of A account from XXXX. This letter is very generic because on this day my account was re-established because my password did not work to get into my account. This is the first day I contacted XXXX about the fraud. After I got into my account I noticed other information on my profile had been changed IE email address and some other things. In accordance with the freedom of information act I am requesting this information from XXXX. I want the account information as shown right before I reestablished my account on the the XXXX of XXXX, XXXX. This information is important and necessary to show the items that were changed in my profile during that time. I told XXXX about the information that had been change but I am no longer able to retrieve this information being withheld by 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