Consumer complaint received 2021-06-23
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CO
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: Credit card company isn't resolving a dispute about a purchase on your statement

Complaint:
XX/XX/XXXX This is a followup to a complaint I submitted in XXXX Complaint # XXXX. The original complaint was completed promptly following an incident where I was the victim of a professional conman. In XXXX, both the CFPB and Bank of America ( the creditor with whom I am having these problems ) declined to resolve my issues and approximately 3 years later this issue is still unresolved. However, there has been a significant development in the case which further proves that I was the victim in this circumstance and that this case ought to be resolved in my favor. 

As of XX/XX/XXXX, there has been a development in this case. XXXX XXXX has been convicted of felony theft charges related to this stolen BOA credit card. The original incident occurred on XXXX a man named XXXX XXXX stole my credit card and made 5 unauthorized charges with it. Bank of America denied my fraud coverage despite the evidence that XXXX targeted me as a victim and engaged in criminal behavior with the Bank of America credit card and my XXXX  XXXX credit card, and then using my PII he had coerced from me, he interfered with the Bank of America XXXX XXXX and attempted to open fraudulent lines of credit. 

The Bank of America charges are as follows : XX/XX/XXXX XXXX. Ref # XXXX {$150.00} XX/XX/XXXX XXXX Ref # XXXX {$48.00} XX/XX/XXXX XXXX Ref # XXXX {$1000.00} XX/XX/XXXX XXXX XXXX XXXX Ref # XXXX {$3600.00} XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX Ref # XXXX {$48.00} Totaling {$5000.00} Immediately following this event I disputed these unauthorized charges to BOA and for reasons I still dont comprehend, they were denied. 

Fortunately, a legal case was brought forth by XXXX XXXX XXXX  because XXXX used my Bank of America card to put a down payment on a vehicle and never made any subsequent payments. I am the named victim in this case. The court case is regarding only the charge from XXXX XXXX XXXX because they had the resources to pursue legal action and this evidence ought to be adequate to conclude that all 5 charges were fraudulent. They were made on the same day and there was video evidence from XXXX and XXXX sports provided to BOA by the XXXX NV police department at the time of the original dispute. 

Now that a felony conviction has been reached, I expect Bank of America to change their decision regarding these 5 charges, classify them as fraudulent and undo the negative consequences I have incurred on this account due to their original decision to not cover me. 

As you can easily reference, this account had XXXX spending activity prior to coming into contact with XXXX. After my fraud disputes were denied I chose to demonstrate goodwill and paid just under {$4000.00} on the account because I was hopeful something could be done legally and I couldnt afford to have my credit ruined in the meantime. Thankfully, now there is evidence that these charges were, in fact, fraudulent. 

I was the one who took the {$2000.00} cash advance which he manipulated me into doing. He stole that cash from me as well but its my word against his. I showed good will through making on-time payments to Bank of America all the way up until I began experiencing economic hardship due to coronavirus, due to the loss of my small business and my job. 

As you can see on my credit report, I reduced the balance from {$6700.00} in XX/XX/XXXX to {$4500.00} in XX/XX/XXXX by paying a total of {$3800.00}. I more than paid for the {$2000.00} cash advance and {$100.00} transaction fee I took responsibility for and believe I should be refunded the overpayment and all remaining charges need to be removed from the account as XXXX has been convicted guilty in court of using my card without authorization, the defendant not being the cardholder, nor being authorized by the cardholder to use said card or card number. 

Bank of America was gracious enough to offer a grace period to defer payments for economic hardship during the pandemic. After the grace period ended though, I couldnt afford to continue paying on the account and it has gone into past due status, nearing collections/charge off. Given Justins recent guilty felony conviction, I expect Bank of America to retract all negative credit reporting that has occurred during this period of me being held responsible for felony degree fraudulent charges that were found in a court of law to be unauthorized. 

Sentencing hasnt occurred yet, it is scheduled for XX/XX/XXXX. 

I have attached the court documents and feel strongly this information should be more than adequate for Bank of America to change their decision about these 5 charges that I didnt make and resolve the remaining issues once the charges are reversed.

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