Consumer complaint received 2021-12-12
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: IL
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement
Sub-issue: Card was charged for something you did not purchase with the card

Complaint:
Bank of America, herein after known as " BOFA '' has, by and through it's employees and agents, failed to protect my credit rights under applicable federal law. It has denied a fraud/ identity claim without fully investigation, substantiation or legal proof of the fraudulent charge. 

I have been a card holder with Bank of America since XXXX. I have not had any problems with this Company until recently. I am an attorney at law, licensed in the State of Illinois and the State of Montana and am XXXX  years of age. I have practice law since XXXX. I attempted an appeal of this matter. I was denied this appeal and have attached as Exhibit " A ''. alleged proof that the charge is valid and I must contact the merchant. To suggest or infer that I am lying about this transaction is an insult to me and the oath I took. 

Statement of Facts I am again advised Bank of America that the charged placed on my account by a XXXX XXXX was done so with outut my knowledge and consent. I do not know this individual and have never had any dealings with a XXXX XXXX. This is a case of identity theft and has harmed my credit rating and has necessitate the expenditure or time and resources to resolve the matter. 

This is not a case of a disputed credit card transaction. It us a case of identity theft and fraud. 

Bank of America was given notice that I do not intend to pay this charge. I incorporate by reference all previous correspondence and communication concerning this matter. 

On or about XX/XX/XXXX, I received an alert via txt that my Bank of America credit card was charged by an unknown merchant in the amount of {$800.00}. I immediately called Bank of America customer fraud and indicated that I did not authorize this charge and that I had not authorized a third party to use or present the credit card. The {$800.00} charge was removed from my account. A fraud claim was initiated. This card was cancelled and a new card issued. I filed a telephone initiated fraud complaint in a timely manner and asked that all documents pertaining to this matter be mailed to me. 

On or about XX/XX/XXXX I received a form letter advising that my complaint had been denied. I was given no reason other than a merchant had furnished documents. I was given no documentation. The {$800.00} charge was placed back upon my account. I called Bank of America immediately, advised that the fraudulent charge was still on my account and was advised by a representative that there was no information on file from a merchant about the alleged charge and that the matter would be resolved in my favor. I again requested all documents concerning this matter. 

After a week or so went by I again called Bank of America and talked to three ( 3 ) different representatives, one of which was allegedly a supervisor. Again I stated that this charge was fraudulent and that I demanded it be removed from my account. I demand strict proof and stated that it was a fact that someone had forged my signature to gain approval of this charge on my account. 

On or XX/XX/XXXX I received a form letter denying my complaint that the charge was fraudulent. Again no documentation included or attached to that letter. I immediately send a letter marked " Appeal ''. I reiterated my position that the charge which is the subject matter of this claim is fraudulent, unauthorized, and that I have not received anything of value from this merchant, ever. 

Conclusion : I believe Bank of America has violated and continues to violate my rights under the CCPA by : 1. Failing to comply with my continued request for documents and records which are the subject matter of my claim.

2. Failing to properly conduct an impartial settlement process by summarily dismissing my claim.

2. Establishing a dispute settlement process which is contrary to due process of law.

3. Acting in a manner which has caused harm and damage to my credit reputation.

4. Failing to diligently investigate and resolve my fraud complaint by shifting the burden to proof the fraud upon the card holder.

Requested remedies : 1. Credit back my account in the amount of {$800.00} plus any and all interest, fees or penalties, and or 2. Penalize Bank of American for violating the CCPA by not conforming with said Act to the financial detriment of the card holder, and or 3. For further and other relief as the facts and circumstances warrant.

I incorporate by reference all previous correspondence and communication concerning this matter. This is notice that I do not intend to pay this charge. This continues to be a disputed matter. 

Receptfully submitted, 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 explanation