Consumer complaint received 2018-01-31
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
Fraud was done on my account of Bank of America. Somebody stole information and managed to do purchases in the amount of {$1400.00} during XX/XX/XXXX and XX/XX/XXXX. 
The Bank admitted at first that it was fraud but is now saying that no error was done and that all credits given will be reversed plus all fees incurred will be charged to me. 
Bank of America Claim # XXXX are reaching out to the Office of Financial Regulation State of Florida in regards to criminal activity done to our Business Account XXXX at Bank of America. 

For the record, this is the text exchange between Bank of America and XXXX XXXX : Text from Bank of America Date : XX/XX/XXXX - time : XXXX XXXX 
FREE TEXT from Bank of America : Message for Dear XXXX XXXX XXXX XXXX, XXXX re : debit card # XXXX. To continue using your card, please verify these 3 transactions. 

Text from Bank of America Date : XX/XX/XXXX time XXXX XXXX 
XX/XX/XXXX - XXXX XXXX # XXXX - {$400.00} ( Declined ) ; XX/XX/XXXX - XXXX XXXX XXXX - {$1100.00} ( Approved ) ; XX/XX/XXXX - XXXX 'S # XXXX - {$88.00} ( Approved ) Text from Bank of America Date : XX/XX/XXXX time XXXX XXXX 
If you attempted all 3 of these transactions, reply YES. If you do not recognize one or more of them, reply NO. To opt out of text alerts reply STOP. 

Text from XXXX XXXX Date : XX/XX/XXXX time XXXX XXXX 
NO Text from Bank of America Date : XX/XX/XXXX time : XXXX XXXX 
For your protection, we have restricted your card. Please sign in to Online Banking or call XXXX to reactivate your card. 

I, XXXX XXXX proceeded to call Bank of America at XXXX, immediately. During this conversation I claimed that the following charges were not made by me, not authorized by me, nor did I have any knowledge whatsoever that these transactions had occurred, nor by whom. 

The charges in dispute are : XX/XX/XXXX XXXX XXXX XXXX XXXX - XXXX XXXX {$1200.00} XX/XX/XXXX XXXX XXXX XXXX {$98.00} XX/XX/XXXX - XXXX XXXX/XXXX FL {$99.00} _________ TOTAL : {$1400.00} For some reason the amount of {$99.00} was deducted twice, which was what actually tipped off the bank and why they sent the initial texts. 
They also tried to make a {$400.00} purchase at XXXX XXXX which was declined. 
Hence, not a part of this claim, but still indicative of criminal and fraudulent activity. 
( See text from Bank of America dated XX/XX/XXXX ) ) The person I spoke to asked me : Do you still have your card? 
I answered : yes Did you make the payment at XXXX XXXX XXXX of {$1100.00}? 
I answered : yes, that is a legitimate expense at the dentist. 
Did you use your card at a gas station? 
I answered : yes On XX/XX/XXXX I used the card at XXXX gas station on XXXX XXXX, XXXX XXXX. 
We both made the assumption that somebody had read my card, while still in my hand, or purse. 

Then she told me that the bank would credit my account with the amounts in question as they recognized that these charges were fraudulent. 

Therefore, the following temporary credit adjustments were done to the account : XX/XX/XXXX Temporary Credit Adjustment {$1200.00} XX/XX/XXXX Temporary Credit Adjustment {$98.00} XX/XX/XXXX Temporary Credit Adjustment {$99.00} On XX/XX/XXXX, I received a letter from Bank of America dated XX/XX/XXXX with a Fraud Statement Form attached to be filled out and signed, which I did. 

I mailed the duly filled Fraud Statement on  the same day XX/XX/XXXX. 
Unfortunately, I did not keep copy of that form. 

On XX/XX/XXXX, I received a letter from Bank of America dated XX/XX/XXXX stating that they concluded that the charges were not fraudulent and that all the credits amounting {$1400.00} were going to be reversed. In addition we would be charged with all the fees related to this claim. ( See attached letter dated XX/XX/XXXX ) Our company opened this account in XX/XX/XXXX of the year XX/XX/XXXX. 
In 18 years, I, XXXX XXXX, XXXX,  have been the only person with a signature and authorization to operate this account. 

Never, ever, in my wildest dreams would I go to a hotel and spend {$1200.00} in one night. It is ridiculous! Not to mention, another {$98.00} in a restaurant, another XXXX at yet another hotel, plus attempt to make a {$400.00} purchase at XXXX XXXX. 

On XX/XX/XXXX, I called the bank at phone number XXXX and spoke to XXXX. 
I asked her how they came to their conclusion. She told me : - The person who used the card knew too much about me - The card was used locally - The card was still in my possession So I asked her : - Did you do a proper investigation? 
- Did you send detectives to the places were the card was used and asked to check footage on their cameras? 

To which she answered : - No, we dont need to do that So I said : Well, it seems that you do need to properly investigate, because you are insulting me, a client of 18 years, in other words calling me a liar and a thief. 
Because you are now telling me that you have come to the conclusion that whatever I said before was a lie and that I, or someone authorized by me went onto a spending spree that night. 

I am outraged, appalled, offended, insulted and can not believe that the bank that my company has been banking with for 18 years, has not only not protected my hard earned money against criminals, but has made me to be the offender, when I am the victim! 

I am seeking the help of the CFPB and I will do anything that is necessary to clarify this situation. 
Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX. 
XXXX 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 monetary relief