Consumer complaint received 2019-12-27
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Checking or savings account
Sub-product: Other banking product or service
Issue: Opening an account
Sub-issue: Account opened as a result of fraud

Complaint:
My wife has a contract for card processing services as merchant service from Bank of America. 

My wife signed up the merchant service and lease the equipment on XX/XX/XXXX. When she signed up the contract, the BoA consultant said we need to pay the 1 % card fee and the equipment lease fee ( {$35.00} ) per month. My wife confirmed it several times and every time his answer was 1 % card fee and the equipment lease fee. 

When we got the first bill, it was a higher than we expected. So, she called him and complained. He said " It is a first bill. So, there are some other fee such as installation fee and etc. Next bills, you only see and pay the 1 % card fee and the equipment lease fee. '' We believe so, we paid the first bill. When we got the second bill, it was also too higher than we expected. She called him and complained. At these time, his word was same. So, she asked if your word is right, why the bill is too much higher than I used. Then he said " I will check and call you back. '' After day, he said " There are interchange fee which is from Visa, Master, discover and XXXX. Also There are PCI fee, Visa Auth fee, XXXX Auth fee, Batch fee and etc. You have to pay all. If you want to cancel your lease and return it ; it will cost {$790.00} because you have 3 years contract. '' She complied " I asked several times before making this contract about fees. You every time said I only need to pay 1 % card fee and equipment lease fee. I asked over 20 times and you answer was same all the time. Right now, you are saying there are many fees. I can't accept it. Why don't you tell me all fee. You have to give me all fee 's information. '' Finally, the cancelation fee is fixed, but I thought it is Fraud contract. 

So, I request to refund all my wife paid that related with the merchant service and any fees ( My wife paid around {$300.00} until now for the service. ), and to be reimbursed for my time and my mental shock to correct their Fraud to them. 

I was talked with their Sr. Client Services Analyst, and they insisted my wife signed the contract that the fees are appeared. 

So, I requested to the copy of the contract then they show me the contract paper. 

There are initials and signatures that are not my wife 's. 

These are a fakes and the contract is totally forged by the Bank of America. 

Also, my wife provided the business information and personal information on XX/XX/XXXX, but the documents that they insisted my wife 's signed are on XX/XX/XXXX. 

In addition, before the Sr, Client Services Analyst show me the contract paper, we didn't know the existence of the contract. 

They were used their customer ( me ) 's personal information without my permission. 

Also, they made a fraudulent contract using forged signatures and initials.

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