Consumer complaint received 2019-03-20
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
On the morning of XX/XX/XXXX I went to the casino in XXXX Oklahoma with my mom and grandmother. I had just made a new players club card at the kiosk so I had the inside of my wallet in my hand ( a thin piece of leather with pockets ) and it was holding various cards and small papers. I immediately went into the restroom and as I was going to sit down I placed the cards on the tiny trash bin on the wall. As I got up and grabbed my purse I accidentally left the card holder. 
The next morning the XXXX of XXXX I see an email from Bank of America letting me know there had been some unusual activity on my account and wanted to verify it was me. I immediately reported the fraudulent activity, which was four charges in the amount of {$1000.00} and one charge in the amount of {$520.00}, to the bank online, as I was at work and could not call. I didn't hear back from anyone. On XX/XX/XXXX I called the fraud department to see what I need to do to help them resolve this issue of unauthorized transactions to my account. I spoke with a bank rep and explained to her what had happen I let her know that I had called the local police department to file a report but they informed me that the area this occurred was tribal land and the native Americans have their own law enforcement agency so I had not been able to officially file a police report but planned on doing so as soon as I could. This rep informed me that someone from the fraud department should be contacting me to let me know what more I needed to do. 
Monday the XXXX of XXXX still no word from the bank. I called and expressed my concern to a male bank representative. He assured me that this bank covers you for fraudulent activity, there was nothing to worry about. The stolen money had to be returned to my account within 9 business days but I should see it within the next day or two. 
Wednesday the XXXX of XXXX ... still no money in my account. I call the claims department again. This time the automated voice told me my claim had been resolved and it was considered closed. After several tries I finally spoke with a representative that was able to tell me that their records show that the transaction activity in question was authorized and posted correctly to my account. He informed me that I had written my pin number down and if I wrote my pin number down Bank of America was not responsible for any fraudulent activity. End of story. There was absolutely nothing I could do to get my money back. 
Thursday the XXXX of XXXX spoke with rep. that said if I send some documents she requested they might be able to reopen the claim. 
Friday the XXXX of XXXX I faced in a letter from my boss stating I was at work while these transactions happened. Receipts with signatures to compare with signatures the bank had on file and the information in the police report. 
XX/XX/XXXX still no word. Called and was denied a manager coming to the phone to answer my questions because the claim had not been reopened. 
XX/XX/XXXX spoke with someone who told me they had not received any of my documents yet. 
XX/XX/XXXX called this time they had found the documents but I was told it would be another day or XXXX before they would know if the claim was reopened and informed me to call back. 
XX/XX/XXXX Spoke with female manager that informed me there was absolutely nothing Bank of America was able to do for me because the merchant had denied to pay them. She informed me that their investigation team had done absolutely everything they could to try to get the merchant to pay and it just was not possible. I asked her why they had me send all those documents to consider reopening the claim if there was nothing more I could do. After reading through my documents she said it did look like they were going to reconsider opening the claim again but without the merchant paying it was just not going to happen. I reiterated the fact that this was fraudulent activity on my account, there is proof that I was at my job when it happened but because the merchant said they weren't going to pay the money back to the bank I am not protected from fraud with Bank of America. She expressed her sympathy that I was going to lose such a large amount of money and that she wished there was more she could do for me.

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