Consumer complaint received 2018-11-06
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: WI
Product: Money transfer, virtual currency, or money service
Sub-product: Domestic (US) money transfer
Issue: Fraud or scam

Complaint:
I posted a couch for sale on XXXX. I was contacted by an interested individual via the XXXX email service on XX/XX/XXXX at XXXX CST. Their XXXX email address was XXXX. In future communication they used the e-mail address " XXXX, '' which came from IP address XXXX. ( I later looked up this IP address, which is apparently in XXXX, HI ). They sent the following message : " Still Available? we're interested please text me at XXXX '' I texted them pretty much immediately, and the individual identified herself as XXXX Im assuming it was a female, because in later exchanges the individual referred to her husband. XXXX indicated that they wanted to send movers to pick up the couch on Friday, XX/XX/XXXX at XXXX CST. She and her husband were allegedly moving from New Jersey to XXXX, which is why they couldnt do the pickup themselves. I agreed, and they said they would send me a check in advance. No check came, so I contacted them again. XXXX said there was an issue with the post office and she would check with [ her ] husband. I told her I would not give away the couch without payment, and she agreed. 

She eventually gave me the USPS tracking number : XXXX. She also told me the check included my payment ( {$250.00} for the couch ) plus payment for the movers ( {$1900.00} ). She asked if I could pay the movers either in cash or in an electronic transfer, since they apparently couldnt accept a check. Stupidly, I agreed to transfer the money to them after the check cleared. The check came from XXXX XXXX, and was sent from XXXX XXXX at XXXX XXXX XXXX, XXXX, NJ XXXX. The number on the post office label was ( XXXX ) XXXX. It was sent on XX/XX/XXXX, priority mail express. 

I then did a mobile deposit into my checking account using my Bank of America app. I told XXXX I needed the check to clear before I gave the couch away. They agreed to send the movers at XXXX on Saturday, XX/XX/XXXX, assuming the transfer to the movers was made. Around XXXX I woke up and realized the check had cleared. Assuming that meant that the check was authentic, I transferred {$1900.00} using the XXXX transfer feature in the Bank of America app to the email address XXXX provided me : XXXX. When that transfer was complete, I texted XXXX to tell her I had made the transfer and asking her to confirm the movers were coming at XXXX. She never responded and they never showed up. I texted her several times throughout the day asking her what was going on and if she still wanted the couch. She finally texted me back saying no, she and her husband no longer wanted the couch, and she was requesting a refund from the movers and wanted a refund from me too. I never responded because I then got suspicious. 

Then, on XX/XX/XXXX, I received notice from Bank of America that {$2200.00} was put on hold in my account. I called immediately to inquire, and they said they wouldnt know any more until the next business day. So I called again on XX/XX/XXXX, and spoke to the check fraud department. My claim number there is XXXX. The employee said that the check came back as counterfeit, and that I could not recover the {$1900.00} I had transferred because I had done so willingly. I explained that I would not have made that transfer, but that because the check had cleared according to Bank of America, I felt safe in doing so. She didnt have any answers for me but advised me to make a police report with my local office. I talked to another employee in that department on XX/XX/XXXX who gave no other explanation beyond " that's just the way it goes sometimes. '' I did file a police report with the XXXX XXXX Police, case no. XXXX. Officer XXXX, the officer I spoke with about the incident, was appalled that Bank of America would release the funds from the check before the check 's authenticity could be verified. 

On XX/XX/XXXX, I also filed a claim with Bank of America 's "  money movers '' team, which deals with XXXX transfers. My claim number there is XXXX. 

Essentially, I am a victim of theft, and I need help from my bank. Bank of America is unwilling to provide any type of relief. Bank of America has basically said, " ask the guy for your money back, or we can't help you. '' They also said they released the funds initially because I've " been a loyal customer for so long '' and they " trust that [ I ] know who I'm doing business with. '' The fact of the matter is, Bank of America told me that the funds from the check were posted to my account. The funds weren't just " processing, '' they were actually posted. So, I felt comfortable making the transfer to this person. If I had known that the funds from the check were not actually truly available in my account, but were still being verified, I NEVER would have made the transfer to the fraudulent entity. I have been a loyal Bank of America customer for 12 years, and I can not comprehend how they  would not have mechanisms to protect their XXXX patrons from fraud, or how/why they would release check funds before verifying the check 's authenticity. 

I did a lot of research on this subject and spoke to others who were victims of XXXX scams like this, and they similarly were let down by institutions such as XXXX XXXX and Bank of America. Several people said they filed a CFPB complaint and received a " courtesy '' refund from their bank, so I'm hoping that can be the outcome here. Thank you for your time.

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