Consumer complaint received 2017-10-25
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
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:
Summary of events Author : XXXX Date XX/XX/XXXX XX/XX/XXXX third-party check presented and cashed ( check writer and person signing endorsement both unknown to me ) Bank of America location unknown ( to me ) Amount {$1900.00} XX/XX/XXXX third-party check presented and cashed ( check writer and person signing endorsement both unknown to me ) Bank of America location unknown ( to me ) Amount {$1900.00} XX/XX/XXXX Return Item fee charged to my account ***XXXX ( {$12.00} ) Check amount withdrawn from my account ***XXXX ( {$1900.00} ) XX/XX/XXXXReturn Item fee charged to my account ***XXXX ( {$12.00} ) Check amount withdrawn from my account ***XXXX ( {$1900.00} ) XX/XX/XXXXletter received from Bank of America noting the Return Item fromXX/XX/XXXXXX/XX/XXXX My husband ( also on the account ) called Bank of America Customer Service and asked to talk to the fraud department. The representative said this issue would have to be handled by Check Fraud and that department would not be open until the next day. This agent could refund the two {$12.00} fees ( one was put through, but not the other ), but could be unable to assist on the overall inquiry. My husband was instructed to call back the next day as opposed to this representative internally notifying the Check Fraud department to initiate the action once they reopened.XX/XX/XXXX I called Bank of America Customer Service, routed to Check Fraud department. I was instructed to file a police report and issued a Claim # ( XXXX XXXX ). I was told to go into a branch to open a new account, call Check Fraud from the branch to freeze my existing account, then call Check Fraud again on XX/XX/XXXX to force post the pending charges. I was told an analyst would be assigned to my claim and I may receive forms that I would need to fill out for the investigation in the incident.
XX/XX/XXXX Detective XXXX from the XXXX XXXX Police Department issued Case #XX/XX/XXXXI went to my nearest Bank of America branch to open new account. Spoke with XXXX XXXX XXXXnd XXXX XXXX. My husband also came to be put on the account. While there, I spoke with Check Fraud. Was informed that resolution could take 15-20 days. I asked to repeat that information. Again 15-20 days. New account opened. XXXX XXXX ( Operations manager at my local branch ) said she would do research and find out where this happened and have that branch manager call me by the end of the day. XXXX called me later that afternoon to say I should expect a call from Mr. Hill the branch manager where the fraudulent checks were presented. I have not received a phone call from him and dont know where the transactions took place ( as of XX/XX/XXXXXXXX XXXX ). At the branch, I was told that fraud like this happens all of the time and theres nothing they could do about it. I asked why the teller was allowed to dispense such a large amount of cash without confirming my picture that they have on file ( from previous debit card picture ) or confirming my signature that they have on file. Employee stated that some tellers have clearance to dispense cash up to {$25000.00}. I pointed out that the person who stole this money did not steal my money, but instead stole directly from the bank ( i.e., this individual did not withdraw money from my own account ). To cover the Banks error in giving away its own money, they decided to take money out of my account and charge me a returned check fee. I also pointed out that the letter I received in the mail did not identify this issue as fraud. The branch manager did not have a response to this point.
XX/XX/XXXX Called merchants with pending transactions due ( XX/XX/XXXXand XX/XX/XXXX) to see if alternate payment could be made so I can freeze account. It was not possible.
XX/XX/XXXX Pending transactions fully processed XX/XX/XXXX Called Bank of America Check Fraud Department to confirm pending posts fully processed and freeze account. Asked for confirmation of resolution timeframe. Was informed that it is 60 business days for resolution. I asked to repeat that information. Again 60 business days. I asked to be transferred to a supervisor. Denied. I asked to speak to analyst assigned to the claim. Denied. Check Fraud representative said she would communicate to the analyst that I am requesting this claim to be expedited. After further requests to speak to the analyst assigned to the claim, representative also noted that I would like to be contacted on XX/XX/XXXX. As of XXXX XXXXXX/XX/XXXX I have not been contacted. I was told there is no way for this claim to be expedited.
XX/XX/XXXX Called Consumer Protection with the Texas Attorney General. Was instructed to make the following calls and all were made on XX/XX/XXXX : Called FDIC ( was instructed to contact Consumer Financial Protection Bureau and file a claim ) Called Federal Reserve ( was instructed to contact Consumer Financial Protection Bureau and file a claim ) XX/XX/XXXXReported identity theft to Federal Trade Commission XX/XX/XXXX Placed fraud alert on credit report via XXXX  XX/XX/XXXX - Checked credit report via XXXX ( nothing amiss ) XX/XX/XXXX Filed complaint through Better Business Bureau ( www.bbb.org ) XX/XX/XXXXfiling claim through Consumer Financial Protection Bureau

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