Consumer complaint received 2023-01-25
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: VA
Product: Checking or savings account
Sub-product: Checking account
Issue: Opening an account
Sub-issue: Account opened as a result of fraud

Complaint:
On XXXX, XX/XX/XXXX, a fraudulent Bank of America checking account no. XXXX was opened in my name after I had received several suspicious emails. I immediately called Bank of America Fraud Department and requested the account be closed at the advisement of the banks representative. During that process the representative advised that the following details were used to apply for the account : my name, social security number, and a former and partially incorrect address that I lived at some 10 years prior. After finding that I would need to provide the routing and account numbers to submit a report to the Federal Trade Commission, I phoned the bank later that same day and learned from a different representative in Bank of Americas Check Fraud Department that ( 1 ) I could have opened an investigation to gain other details used by the perpetrator to apply for the account ( e.g. Internet Protocol IP address ) and ( 2 ) the account and associated fraud claim ( no. XXXX ) had been closed outright. This representative went on to advise me that I could initiate a new claim and request further investigation after waiting a week. I timely filed incident report no. XXXX with XXXX XXXX XXXX XXXX of the XXXX XXXX Police Department on XXXX, XX/XX/XXXX. 

On XXXX, XX/XX/XXXX, I spoke to another representative in Bank of Americas check Fraud Department. They confirmed that the account and associated fraud claim had been closed and submitted a new claim ( no. XXXX ) to pursue further investigation. The representative advised that reopening investigation would return information regarding application details used by the perpetrator to open the fraudulent checking account, including but not limited to the IP address. 

On XXXX, XX/XX/XXXX, I received via first-class post a letter from Bank of America requesting that I provide, additional information [ ] within 30 days of the date the claim was filed. This list of documentation to be provided includes but is not limited to, [ p ] roof of porting or spoofing from your phone carrier. The letter further stipulates that, [ i ] f we dont receive the completed Uniform Affidavit for ID Theft and other requested documentation within the above timeframe, we may deny the claim. 

On Friday, XX/XX/XXXX, I transmitted via facsimile a completed XXXX Uniform Affidavit for ID Theft, Fair and Accurate Credit Transactions Act ( FACT Act ) Provision 151 form, as well as all requested supporting documentationplease see first attachment. Later on XXXX, XX/XX/XXXX, I received a service notification email indicating that the fax had been successfully transmitted to receiving machine ID XXXX see second attachment. 

On Wednesday, XX/XX/XXXX, I received a one-page denial letter from Bank of America regarding claim no. XXXX stating that the bank did not receive my complete Identity Theft Fraud Statementplease see third attachment. 

On Tuesday, XX/XX/XXXX, I phoned Bank of Americas Check Fraud Department and spoke to representative XXXX who advised that ( 1 ) my request was rejected for unknown reasons, ( 2 ) she submitted an additional request to the analyst handling my claim asking them to stipulate what specific information was missing, and ( 3 ) I would hear back directly from the analyst within 35 business days. 

As of XXXXXXXX XXXX XXXX on Wednesday, XX/XX/XXXX, I have received no response from Bank of America.

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 non-monetary relief