Consumer complaint received 2018-03-30
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
THE COMPLAINT This is a complaint against Bank of America ( BofA ), which is holding me liable for fraud commited on my debit card in the amount of {$200.00}, in spite of 1 ) Security Messages sent to me as the fraud took place and immediate action taken of my part to stop it, 2 ) enormous efforts and transparency on my part in showing this was fraud and that this ATM withdrawal was not me. 

After 70 days of the occurrence, Bank of America has not reimbursed me the money. It has already concluded twice that I was liable for the fraud ; it does not mention the security message showing suspicion from the bank 's systems in its justifying its decision, nor the evidence I provided showing that I had been no where near the ATM on the date the fraud was committed ; and has been treating me with contempt and disrespect, essentially calling me a liar. 

I have been treated unfairly, the bank has been opaque and dismissive in its dealings with me, leaving me powerless to resolve this issue and defrauded of {$200.00}. 

THE FACTS On XX/XX/XXXX or XX/XX/XXXX ( it is unclear to me ), {$200.00} were fraudulently withdrawn from my account through an ATM located at a XXXX XXXX Gas station at XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, CA. 

I was at home on XX/XX/XXXX at XXXX when I received a security message from Bank of America asking me to verify 3 transactions, of which one was mine from XX/XX/XXXX and 2 were relating to this fraud. The message lists one in the amount of {$200.00} as being declined and another one in the same amount being approved. I was also asked to reply YES if I attempted all 3 transactions, or NO if I did not recognize one or more of them. 

I immediately replied NO and received a message asking me to call BofA for security reasons. I called immediately and answered all questions I was asked : I had my card in my possession, I had not withdrawn money that day, I had not lent my card, etc. 

BofA opened a claim for fraud. On XX/XX/XXXX, I received a resolution letter via Bank of America internet banking, informing me that claim was determined to be resolved and that it was deemed no error has occurred and that I was held liable for the fraud. 

Since I am not the person who withdrew cash from an ATM on XX/XX/XXXX or XX/XX/XXXX and given the security messages I received when that occurred, this conclusion is a mistake, which led me to call Bank of America immediately to request a review of the claim. Additionally, I requested information regarding the location of the ATM in question, gave additional information on activities that day, and provided my XXXX Timeline itinerary, which tracks my every move through my phone, for XX/XX/XXXX to XX/XX/XXXX. The Timeline actually shows I did not leave my home on XX/XX/XXXX and that I did not go XXXX of XXXX on XX/XX/XXXX at any point during the day. 

I faxed a letter to the Fraud department with all of this information, as well as printouts of my XXXX Timeline, on XX/XX/XXXX. 

The claim was reopened with this additional information, but on XX/XX/XXXX I was again informed that it was denied and that I was being held liable for the fraud. 

The {$200.00} were permanently withdrawn from my account. On one of my numerous calls attempting to resolve this matter, I was finally informed of the location of the ATM where the money was withdrawn : a XXXX XXXX Gas station located in XXXX XXXX. I have never been to this location, and in fact have never been in XXXX XXXX in my entire life, nor do I know anyone who lives there. I have informed Bank Of America of this fact on several occasions, along with the XXXX   Timeline proof that shows I was nowhere near XXXX XXXX from XX/XX/XXXX to XX/XX/XXXX. 

I called the XXXX XXXX gas station where the money was withdrawn ; unfortunately I was informed by the manager that given the time elapsed, the camera footage had since been erased. I blame this on Bank of America, which in spite of many requests, starting with my letter on XX/XX/XXXX, did not inform me of the location of the ATM until an attendant finally told me one of my calls to BofA weeks later. 

I have been trying to resolve this for over two months now with Bank of America, calling both the customer service and the fraud department several times, to no avail. I am not being heard and I am barraged from speaking with someone who may truly help. I am also being given inconsistent information on the status of my claims. 

In the past week, I have called several times to find out about the status of my 3rd request for review : I was first told by XXXX on XX/XX/XXXX that no claim had been reopened, which was incorrect and inconsistent with the status shown on my Bank Of America internet banking ; it was then confirmed to me that the claim had been escalated and I was promised a call back within 48h twice ( by XXXX and XXXX ), only to later be told that this information was incorrect ( by XXXX and XXXX ). 

At this point, I have filed 3 complaints with customer service about this ordeal, but I can not be certain that they are recorded since no reference number was ever be provided and no feedback was ever given to me.

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