Consumer complaint received 2020-02-09
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem caused by your funds being low
Sub-issue: Bounced checks or returned payments

Complaint:
XXXX Print complaint CLOSED Submitted STATUS Submitted to the CFPB on XX/XX/XXXX PRODUCT Checking or savings account ISSUE Problem caused by your funds being low We received your complaint. Thank you. 

We will review your complaint. Depending on what we find, we will typically : Send your complaint to the company for a response ; or Send your complaint to another state or federal agency, or help you get in touch with your state or local consumer protection office ; or Let you know if we need more information to continue our work. 
YOUR COMPLAINT I have a checking account in Bank of America from last one year and the account was going on regular maintain basis. But month of XX/XX/XXXX I applied for a job on XXXX  and that time I didn't know the employer was a fraud. I got a check from the employer, and he asked me convert it into a cashier check and submit it to a XXXX XXXX account, i had submitted 2 cashier checks amounting {$3800.00} and {$300.00}, i deposited the check on XX/XX/XXXX and and time my online statement message showed that " credit pending ( available to cover items posting on XX/XX/XXXX, available next business day for withdrawal and debit card purchase ) '' in my bank of american account. On XX/XX/XXXX, my bank statement at Bank of America showed the check was processed and my account had the {$4900.00}. I went twice in between XXXX - XXXX of XXXX to withdraw money and no issue was raised or no one told me that the check is not valid for withdrawal or it might bounce. Before i deposited the check on the XXXX of XXXX i had a balance of XXXX . My concern is if the check was bound to bounce how did the bank even issue me a cashiers check and now my balance is shows a negative balance and due to not being able to pay my account will eventually have to be closed because im not able to pay it back as im not working. Additionally, i went to talk to bank representative and on customer care by phone in regards to my issues but no proper response was given and i was told that nothing much can be done, therefore i have lodged a police complain against the fraud and ATTACHMENTS XXXX ( 14.3 KB ) XXXX ( 15.3 KB ) View full complaint Sent to company STATUS Sent to company on XX/XX/XXXX We've sent your complaint to the company, and we will let you know when they respond. 

Their response should include the steps they took, or will take, to address your complaint. 

Companies generally respond in 15 days. In some cases, the company will let you know their response is in progress and provide a final response in 60 days. 

Company still working STATUS Company response is in progress as of XX/XX/XXXX The company has responded that it is still working on your issue In some cases, companies need more time to respond. You should receive a final response within 60 days from the date we sent your complaint to the company. 

COMPANY 'S INTERIM RESPONSE Bank of America is reviewing your inquiry. We require additional time to provide you a complete response. We will update the status of your inquiry on the portal with our response as quickly as possible. 
Company responded STATUS Company responded on XX/XX/XXXX RESPONSE TYPE Closed with explanation Company 's Response According to bank records, a mobile check deposit of {$4900.00} posted to the account ending in XXXX on XX/XX/XXXX. The deposit consisted of check number XXXX. Our research confirms that withdrawals of {$310.00} and {$3800.00} were debited from the account on XX/XX/XXXX. These funds were used to purchase cashiers check number XXXX for {$3800.00} and cashiers check number XXXX for {$300.00} ; a {$15.00} cashiers check fee was assessed for each cashiers check on this same day. Regrettably, the check of {$4900.00} was returned unpaid to Bank of America for the reason of counterfeit check. As a result, {$4900.00} was withdrawn from the account by Bank of America on XX/XX/XXXX ; a Returned Item Chargeback fee of {$12.00} was assessed to the account on this same day. Please refer to the Personal Schedule of Fees brochure for details regarding our fee policies and pricing. Claim number XXXX was filed on XX/XX/XXXX, based on your report that the activity on the account was a result of a scam. However, this claim was filed on the on the account and not the cashiers checks in dispute. As a result, claim number XXXX was withdrawn by the bank. On XX/XX/XXXX, claim number XXXX was filed in dispute of both cashiers checks totaling {$4100.00}. Additionally on XX/XX/XXXX, bank records document that we sent correspondence for claim XXXX by email to the address on file, which included a Release and Indemnification Agreement that we asked to have signed, notarized and retuned within 10 business days. After not receiving a response, we emailed the Release and Indemnification Agreement a second time to the same email address on XX/XX/XXXX. Mr. XXXX, thank you for continuing to speak with us by phone on XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. We are truly sorry that you may have been a victim of fraud, and regret any discontent you have experienced in addressing the matter with Bank of America. We have taken a number of steps to help protect our customers from bank fraud, but we are not able to identify all conditions that would cause an item to be returned. Although no one expects to be victimized, it is important for consumers to be aware of the circumstances under which they receive checks. We will fully cooperate with any law enforcement agency if we are contacted about a fraud investigation. In addition to the details provided above, we are able to confirm that we received the completed Release and Indemnification Agreement on XX/XX/XXXX, and our recall request was forwarded to the bank of first deposit, XXXX XXXX, on XX/XX/XXXX. Please note that claim number XXXX is pending a response from XXXX XXXX. We can assure you that we will respond to you in a timely manner once our research has been completed. We should have a resolution by XX/XX/XXXX. As agreed to on XX/XX/XXXX, we will reach back out to you once we have our resolution. If you have any questions or concerns related to this claim, please contact our Check Fraud Claims unit toll-free at XXXX Monday through Friday, XXXX XXXX to XXXX XXXX Eastern. 
ATTACHMENTS Deposit Agreement XXXX ( 249.5 KB ) XXXX-XXXX_intro  packet.pdf ( 83.4 KB ) Cashiers Checks Copy_Redacted.pdf ( 330.6 KB ) XXXX XXXX Signed Letter - XXXXXXXX ( 46 KB ) Personal Schedule of Fees XXXX ( 169.5 KB ) XXXX ( 11.7 KB ) Returned Check  XXXX_Redacted.pdf ( 93.5 KB ) XXXX_Redacted.pdf ( 76.4 KB ) Feedback provided STATUS Feedback provided on XX/XX/XXXX Your feedback THE COMPANYS RESPONSE ADDRESSED ALL OF MY ISSUES No ADDITIONAL COMMENTS The company didnt resolve my problem with the account. My main concern is if my account balance was low so why the teller gave me the cashier check of higher amount and nobody told me about my balance or clearance of check I UNDERSTAND THE COMPANYS RESPONSE TO MY COMPLAINT No THE COMPANY DID WHAT THEY SAID THEY WOULD DO WITH MY COMPLAINT No

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