Consumer complaint received 2018-03-08
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NY
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Cashing a check

Complaint:
To Whom It May Concern : I am making this complaint about Bank of Americas negligence in handling fraudulent activity on my account. 

XX/XX/XXXX Around XXXX I received an email from BOA that my checking account had been overdrawn. I immediately called and was advised that someone made out 2 checks each for the amount of {$1600.00}. I told the representative that this person was not me, and that the account must be frozen, watched, stopped, etc. I received a claim number. The representative did not have any additional information. I was assured that nothing more would be taken out of my account because there was an XXXX '' hold on the account. I was advised to leave the account open, and not close it, so the account could be investigated. By the way, these items were called charge backs on my account and no one could explain to me what this meant-maybe you had an amount out there for that amount and it is being returned, etc. I got every kind of answer you could imagine and was confused as to what happened. 

XX/XX/XXXX On XX/XX/XXXX, I opened up a new checking account at a BOA branch. Still no additional information about the fraud.

Also on XX/XX/XXXX, I saw that an additional two checks each for {$1600.00}, were drawn on the account. I called up the BOA and asked how could this happen-1 ) I only had {$1000.00} in my account when the first amount totaling XXXX was taken. I dont have overdraft protection. Then after I am already over negative {$2000.00}, another XXXX is drawn out? 2 ) I thought that the account had been frozen, flagged, etc for fraud, how could this happen? 3 ) I thought the account had the XXXX hold on it? I dont have overdraft protection, how is someone allowed to take out close to {$7000.00} that I dont have, when the account is XXXX? Again, no answers, no one knows what is going on, ridiculously long wait times, and I was given another claim number and told to wait until after the weekend to see because the office is closed over the weekend. 

XX/XX/2018 I look at my account and see that there is a debit hold pending for {$910.00}. I immediately call up and say how can this happenaccount frozen, flagged, no money in it, etc. No answers, no one knows. I am told that I, myself, can not get access to the {$1000.00} that was mine ( from before the person stole an additional {$7000.00} ) because it is being placed on hold to pay for this fraudulent {$910.00}. So now I have no money, no way to even put anything into my new checking account. The BOA rep advises me to file a police report, because someone is having a hay day with your account. Gee thanks. At this point, I am confused as to how someone can keep taking money out fraudulently, after all the flags, claims, lack of money, etc. What is going on? I am told that my claim will be investigated in the order it was received. Up to 60 days. 

I go to a police station near my work to file a police report. In XXXX. They told me I have to get a notarized statement from BOA stating the fraud. I go to a branch in XXXX who helps me and gets me the statement. I return to the police station and then told that they will not take the report, because I live in XXXX ( even though the transactions was done by someone with a XXXX address, and BOA is in XXXX ). 

I go to my local police station and file a police report. The police officer tells me that they will do nothing because they leave it up to BOA. I again call BOA and am advised that I have to wait my turn and they have 60 days to investigate. I tell them that I have the checks and the alleged person who attempted to go in on the fraud ( XXXX XXXXsee checks ). But its useless. 

I return home that day and see the copies of the fraudulent checks in the mail that BOA is claiming I took out and now I am getting overdraft fees for. I see that someone used my direct deposit slip and my check payment to XXXX to attempt to verify my identity. 

XX/XX/XXXX I call BOA to see what has been done. Of course nothing and the representative tries to tell me oh-no one tried to take anything from your account, looks like someone tried to put checks in your account. After I explain to the rep what happened, she says yes, sorry if I confused you. Why would anyone be trying to put close to {$8000.00} in my account? Anyway, it was absurd. Then I ask, can you please where were these checks cashed? I can see the initials and the writing but it is hard to tell what bank branch. She has no idea and tells me that a fraud specialist will look at this. I want to go to that branch and tell them that someone has been committing identity fraud there and that their tellers have to be more careful. If anyone would help me and investigate this bank and look at the cameras, and investigate the XXXX XXXX, maybe we could stop someone from using my identity and getting money that isnt theirs. The rep assures me that I will not be charged for that money. Its not just about not being charged-doesnt BOA care that it paid almost {$8000.00} out to someone fraudulently? Is this nothing to them? 

XX/XX/XXXX I have given up trying to get any information about my account and I plan on leaving BOA as soon as I can clear up all of my automatic withdrawals and deposits that go in and out of that account ( gym membership, work, commuter card, etc ). Obviously BOA is negligent in the way they handle account security and my information and funds ( and even funds that I do not have ) are not safe. How is it possible that BOA would allow over {$7000.00} to be overdrafted? Besides the fact that I alerted BOA to this fraud after the first {$3200.00} was taken out, wouldnt this sort of large transaction, which has never happened before, be suspicious? This account never has had, in almost 25 years, this sort of large withdrawal at once. Wouldnt BOA notify anyone, the bank who verified my identity that this is suspicious? I cant even log into my account sometimes because I forget my password but someone, who isnt even me, can go and withdraw {$8000.00} from my account when there isnt even any overdraft on this? Would an overdraft protection cover something so large anyway? How is it this possible? How can I ever trust BOA again with any of my funds? I have no faith at all that this wont be allowed to happen again with my new checking account. Absolutely nothing has been done to address the current issue-nothing-and it is has been a week. The criminals are probably in another country by now, with money that isnt theirs, and BOA assumes that I will stop bothering them because I got my money back. But its more than that-its the grief, the anxiety, the fact that I had to pay with credit cards because I wasnt even allowed access to my {$1000.00} because it was on hold to pay for a known fraudulent transaction, its the time wasted speaking with representatives who know less than nothing. 

Second Issue related to security of my account : My husband repeatedly receives mail and email about my account. This is my account only, not my husbands. I do not understand why BOA sends him private information about my account. I have been a BOA member for almost 25 years, and only me, not my husband, should be receiving information about my account.

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