Consumer complaint received 2018-09-24
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
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: Card was charged for something you did not purchase with the card

Complaint:
I received a letter from the Bank of America resolution department in regard to a complaint we filed with CFPB and another denial letter dated XX/XX/XXXX in regard to our recent fraud claim. This letter, which I have attached is riddled with mistakes and admitted errors in the research that the Bank of America specialist outlined in this letter. Please accept this as a direct response of the letter and complaint we filed with both the fraud department and the CFPB. The letter dated XX/XX/XXXX is also attached. 

In the third paragraph, Bank of America admits that this claim was taken in as a dispute, and not a fraud claim, that was an error on your part - it should always have been a fraud claim. When we called in, we ALWAYS stated that this is a fraud claim due to the fact the credit card was not in my possession. And we always asked to speak with the fraud department to file and check status on the claim. We, as the consumer have no control over how this was entered into the Bank of America system. We would never have started this claim as a dispute, this is an error on Bank of America. 

In the fourth paragraph and after we called in to get a status of the claim we were shocked to find out that this was not entered correctly into the system and on XX/XX/2018 we were sent a letter in ERROR that stated the claim was awarded in our favor. Bank of America admits that this is their 2nd mistake with this claim. Again we have no control on how the highly trained Bank of America employees input and handle the information we have given them. 

Bank of America has stated that my husband had called into Bank of America to approve this transaction with my telephone number at XXXX. We had requested to hear or review this transaction and we were denied. Today I went ahead and pulled the phone records and there were no calls from my phone number, to the Band of America department. Attached are the phone records. We also sent in a signature page that shows our signatures do not match the receipt that was provided by Bank of America to us. While I understand that there are numerous steps that need to be made to check on validating a claim - I feel that we have beyond the reasonable doubt provided the information needed to prove our claim. My husband did not have his card in his possession at the time of the said incident. 

I also spoke with numerous fraud department specialists who feel that they were seeing some questionable actions at the time of this transaction - they wanted to remain anonymous - no personal information provided at time of purchase - signatures definitely were not aligned with ours - all of these seem very suspicious to the fraud specialists and us. 
Lastly I have attached a invoice from a hotel we stayed at during the day of this fraudulent charge. The invoice shows from XX/XX/XXXX-XX/XX/XXXX we were no where near this said - XXXX XXXX XXXX where this transaction took place. This invoice also has my husbands signature as well for your reference. Please see attached invoice. 
We spoke to a specialist, and he recommended that we reopen this claim based on this information we have and resubmit. We also advised him that we were denied credit due to this Bank of America credit card being at its limit. 

We are looking forward to working with Bank of Americas fraud department to resolve this matter that all parties will agree to. 

XXXX XXXX XXXX XXXX  was not in our possession at the time of the said incident Phone records show no out going or incoming calls from Bank of America - Records attached Phone number used was recorded as XXXX, however there is a male making the calls - allegedly posing as XXXX XXXX - the individual made numerous attempts to use the card Hotel bill showing that we were not in the area at the time of the charges - Invoice attached Provided signature page for both XXXX and XXXX and the signatures do not match and provided a sworn statement that the charges were not ours Merchant stated that the individual did not want to be identified in their system Bank of America made a mistake of putting in this claim as a DISPUTE instead of a Fraud claim - We had no control of the incompetance of this Bank of America Employee All facts are backed up by inclosed documents We just received a blanket letter stating that Bank of Americas design has not changed despite our facts the TRUMP there decision. We provided the Burden of Proof. 

We are attempting to AVOID legal action against bank of america, however our credit report has been damaged on we both have lost loan applications based on the fraud charge which has maxed out this credit card and now has late payments due.

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