Consumer complaint received 2019-04-18
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem with a lender or other company charging your account
Sub-issue: Transaction was not authorized

Complaint:
Problem : Numerous fraudulent/unauthorized charges to my Bank of America checking account by the company known as XXXX from XX/XX/XXXX to XX/XX/XXXX. 
Timeline : Date Action Amount Remarks XX/XX/XXXX XXXX   unauthorized charge {$140.00} Filed claim immediately w/ BOA XX/XX/XXXX Bank of America credit after claim {$140.00} Cancelled debit card, received new card. Assumed issue with XXXX  charges was resolved XX/XX/XXXX XXXX  unauthorized charge {$150.00} Went unnoticed by me ( claim not filed ) XX/XX/XXXX XXXX unauthorized charge {$150.00} Went unnoticed by me ( claim not filed ) XX/XX/XXXX XXXX unauthorized charge {$150.00} Went unnoticed by me ( claim filed, approved ) XX/XX/XXXX XXXX unauthorized charge {$1300.00} Claim filed in XX/XX/XXXX, approved by BOA XX/XX/XXXX Reported XXXX unauthorized charge to BOA via phone ( XXXX-XXXX-XXXX  ), filed claim against XX/XX/XXXX and XX/XX/XXXX charges for {$1500.00} ( {$1300.00} + {$150.00} ). Claim # : XXXX. Cancelled debit card, received new card. 
XX/XX/XXXX Bank of America credit after claim {$1300.00} BOA approved credit for XX/XX/XXXX unauth charge XX/XX/XXXX Bank of America credit after claim {$150.00} BOA approved credit for XX/XX/XXXX unauth charge XX/XX/XXXX XXXX unauthorized charge {$150.00} Claim filed, disapproved XX/XX/XXXX Recd letter from BOA, dated XX/XX/XXXX, detailing approval of claim XXXX for {$1500.00} for unauthorized charges from XX/XX/XXXX and XX/XX/XXXX. 
XX/XX/XXXX XXXX  unauthorized charge {$1600.00} Claim  filed XX/XX/XXXX with BOA, disapproved XX/XX/XXXX Filed fraud claim with BOA via phone for XX/XX/XXXX fraudulent charge of {$1600.00}, claim # : XXXX ; and XX/XX/XXXX fraudulent charge of {$150.00}, claim # XXXX. Cancelled debit card, received new card. 
XX/XX/XXXX Recd letter from BOA, dated XX/XX/XXXX, denying claim # XXXX ( XX/XX/XXXX, {$150.00} charge ), stating that charges were authorized and posted correctly. 
XX/XX/XXXX Recd letter from BOA, dated XX/XX/XXXX, denying claim # XXXX ( XX/XX/XXXX, {$1600.00} ), stating that charges were authorized and posted correctly. 
XX/XX/XXXX Contacted BOA via phone ( XXXX-XXXX-XXXX ) concerning denied claims # XXXX and XXXX. New claims were filed instead of re-opening denied claims. New claims XXXX ( XX/XX/XXXX fraudulent charge of {$1600.00} ) and XXXX ( XX/XX/XXXX fraudulent charge of {$150.00} ) were opened. 
XX/XX/XXXX Recd letters from BOA, dated XX/XX/XXXX, stating that new claim XXXX, filed XX/XX/XXXX, was a duplicate of claim XXXX ( XX/XX/XXXX, {$150.00} charge ), which was filed XX/XX/XXXX, then denied by BOA XX/XX/XXXX. 
XX/XX/XXXX Recd letters from BOA, dated XX/XX/XXXX, stating that new claim XXXX, filed XX/XX/XXXX, was a duplicate of claim XXXX ( XX/XX/XXXX, {$1600.00} charge ), which was filed XX/XX/XXXX, then denied by BOA XX/XX/XXXX. 
XX/XX/XXXX Visited BOA, XXXX XXXX XXXX branch on XXXX XXXX, XXXX appointment. Bank officer took my information and concerns, then phoned the same claims phone number I used to make all of my previous claims with BOA. In other words, this local branch, at least, does not provide any sort of local relief to fraud claims. All claims are referred, and handled by their centralized fraudulent claims department, and not in house at the branch office. She explained the situation as best she could to the fraud rep on the other end of the phone, but subsequently, the fraud department claimed that they could not approve the fraud claims for {$1600.00} and {$150.00} ( the last two claims I made, from fraudulent charges on XX/XX/XXXX, and XX/XX/XXXX. The reason stated by the on phone BoA fraud rep was that I had logged into my account, but waited seven days before reporting the fraudulent charges to BOA. I attempted to explain to the on phone fraud rep that the new fraudulent charges to my account were exactly the amount total of my last two previously approved claims ( {$1500.00} ), along with an additional {$150.00}, the exact amount that is showing as a recurring charge to my account. The BOA phone rep could not make the connection ; I was told that new claims are unrelated to older approved claims and can not be connected, even though there is a conclusive logical connection between the charges. I explained to the fraud rep on the phone that I did not see the charge/s, even though I had logged into my account, and that perhaps I was depositing a check or doing something else in my account at the time, and not scrolling through my account transactions. I explained that I had not seen the charges earlier, and that I filed a claim immediately upon discovering the fraudulent charges ; however, BOA fraud rep on the phone refused to honor the claim and reimburse me the fraudulent charges. I was informed that I could re-open disapproved claims XXXX and XXXX after I had filed a police report, and contacted XXXX directly in an attempt to recover funds fraudulently charged to my BOA account. BOA seems to be very bad at math. 
If I choose to reopen the claims, I am to then fax ( XXXX-XXXX-XXXX ), or mail all police reports, contact details with XXXX, additional information to support my claim, and a memo stating that I did not make these charges. I attempted to explain to the in-office BOA rep, and fraud rep on the phone that I had no additional information about the XXXX fraud because I didnt make the charges, and was not receiving any services from XXXX. I explained that I did not know who would have made the fraudulent charges, and that I did not know any XXXX account numbers or any other info about the charges in question. It did not seem to matter, BOA was unmoved. BOA offered no support or indication that I would be reimbursed for the fraudulent charges to my account, even with the direct, logical link to previously approved fraud claims. BOA however did state that they would consider re-opening the two disapproved claims, if I fully complied with their instructions noted above. 
XX/XX/XXXX Phoned XXXX/XXXX fraud line, XXXX-XXXX-XXXX  to report these unauthorized charges. Was told that I could not be helped over the phone because they only handled security issues, and that I would need to send their affidavit, proof of residence, and a copy of my drivers license to : XXXX Customer Security Assurance, Attention Fraud Department, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, NJ XXXX. I was told that they would contact me when they received the information to discuss. I was also told that they NO longer require a police report to be included in the information sent to them to conduct their investigation. I may also fax them the information at XXXX Customer Security Assurance, Attention Fraud Department, XXXX-XXXX-XXXX. 
XX/XX/XXXX I notified XXXX of the fraud by filing an Identity Theft Claim with their fraud department. I sent them a copy of my drivers license and proof of my continued residence at my current address, here in XXXX, FL, from XX/XX/XXXX to present. XXXX no longer requires a police report be filed with this claim. I filed the claim with XXXX ( mail ), sent to them XXXX XX/XX/XXXX, complete with their affidavit, proof of residency, photo copy of my state drivers license, and copies of my BOA statements, highlighting the fraudulent charges. I have attempted to get the account information from XXXX several times unsuccessfully, spending many hours on hold in the process. XXXX  reps are unable to assist me due to me not having any information about the account in question, and they are actually suspicious of me asking about it, its really quite unbelievable. Thus, I get the feeling from speaking with them that they will not support my claim since I know nothing about the account that is withdrawing money from my account. I have spoken to every section of XXXX about this, and no one there is willing, or able to assist me. All attempts end in a dead end. Bank of America, and/or Visa must help me in this matter so that I can recover my stolen money. XXXX fraud reps also told me several times that this was a matter for my bank, not them. Everyone I spoke with said that is was someone elses responsibility, not their department. 
After filing the XXXX fraud claim, I was contacted by XXXX/XXXX Claims department on XX/XX/XXXX, via phone message that stated that they did not have adequate information to continue with my claim, and that I would need to contact them to request continuation. I called them immediately at the number provided, XXXX.XXXX.XXXX. After an hour on hold, I was told on the phone that since it was unlikely that an account was opened using my social security number, that I would need to contact my bank to resolve the issue, and that XXXX/XXXX  could not assist me. I attempted to explain to the rep that I had contacted my bank, and they told me that I needed to file a claim with XXXX to get resolution. Again, I was told that they could not assist, but that they would escalate the claim, but to expect disapproval since they believe Identity Theft did not occur, that it was an issue for my bank to resolve. I was told that they can only assist if actual identity theft had occurred. I attempted to argue as to how someone could open an XXXX account in my name without identity theft, they told me that they did not know ; contact my bank. I was then asked by the fraud department to contact XXXX/XXXX  billing department to request details about the account, so I asked for a transfer. After speaking with 6 different people, including the video repair department, I was finally connected to billing. I explained that I was a victim of fraudulent XXXX  charges on my bank account, and if they could help. When asked, I told the person on the phone that I did not know the account number because I did not open the account, and that I did not know anything about the account other than the recurring charges on my bank account. I gave the rep my social security number to try and look up the account that say, however after doing so, she told me that she could not assist me any longer, and that there was no further information she could give me about the account and referred me to their Customer Accounts department. Customer Account rep told me that he could not assist without me providing information about the account. Again, I told him that I didnt open the account, so I did not have any information, and that thats the reason Im calling is to try and get is stopped. I was then advised to research the account information on my credit reports and call XXXX back when I located the account info, that this was the only way they could help me. Ive checked all three of my credit reports and XXXX is not showing on any of them as an account I have, or have ever had. I can provide these credit reports to BOA upon request. After several additional sessions of being on hold for 40 minutes, then having a disconnection after that time with XXXX, Ive given up and am again asking Bank of America to resolve this issue. I have all phone conversations recorded if Bank of America needs them. XXXX customer service phone number is XXXX.XXXX.XXXX ; this is the number I phone several times in an attempt to reach their customer accounts rep, with no success. 
I attempted to file a police report, but was told by XXXX County Detective XXXX, in XXXX, Fl, that there was nothing they could do without details about the fraudulent XXXX account. He told me that if they contacted XXXX that they would need account details. I explained to him that I had not opened the account, and thus, I had no details about it. I asked for him to file it anyway, because my bank, Bank of America, requires me to file a police report in order to get their assistance. He again said that there was nothing he could do, and handed me a sheet of paper of where to report Identity theft via an internet website. I however, after insisting, started a case file about this incident with the XXXX Sheriff Department, and the reference number is : XXXX-XXXX. My feeling is that XXXX Sheriff Dept will not allow me to file a report with about additional information from XXXX, which they refuse to provide. This whole system seems to favor the criminal at every step. If a police report is absolutely required, please send me a letter or document formally requesting a police report be filed, so that I can present this to the local police department, so they will be compelled to allow me to report this fraud. Please feel free to contact Deputy XXXX @ XXXX-XXXX-XXXX or XXXX, he will likely remember me stopping in to see him and can explain why he didnt file a report, if you need to hear from him. 
In summary, I was fraudulently charged {$3700.00} by XXXX from XX/XX/XXXX to XX/XX/XXXX, and have only recovered {$1600.00} by opening two separate fraud claims against XXXX with Bank of America that were approved. Bank of America, now, has indicated that they will not pay the remaining amount because it is not fraud. I have indicated to them several times that this is not my XXXX  account, and that I have not now, nor ever received products or service from XXXX or XXXX.. Bank of America , after crediting my account twice, with two claims, has denied my last two claims, both without sufficient justification to me. I request that BOA credit my BOA checking account the difference of {$2100.00}. I have placed a Stop Payment alert on my debit card for XXXX in an effort to prevent future fraudulent charges. I have emptied my bank account to prevent further unauthorized charges. I will soon, within a week or so, close my Bank of America checking account, and only leave a single savings account open. 

Both Bank of America, and XXXX have all available documents I can provide, thus I will not attach any at this time. Notify me if you need any particular document, and I'll send.

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