Consumer complaint received 2019-03-11
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: AZ
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
XX/XX/XXXX : I contacted BofA Claims Dept ( # on back of Debit Card ) and explained that my card had been used without my knowledge. At no time was my card out of my possession, in fact the same time Im using the card in XXXX XXXX, AZ the card is being used out of state. For several months prior to the unauthorized charges and several months after, I was traveling to and from XXXX, AZ and XXXX XXXX, AZ. During this time, I was helping in the care giving before my father-in-law XXXX XXXX from XXXX. The reason I mention this is because it was brought to my attention during the claim process that a transaction to XXXX was made a month or so prior to when I learned of the current charges causing the call to close the card and file a claim. It was not until the claim was made for the out of State Charges and the BofA Rep going back several months and confirming each charge did I learn of this. Note : I contacted the Hotel that was listed for the charge and learned that a reservation was never completed and that nobody ever checked in under this reservation number. The Hotel said I had to contact XXXX for the credit and XXXX said I had to contact the Hotel. After the BofA Agent went back several months of statements and confirmed each transaction the following was made for the Claim Processed on XX/XX/XXXX. 

Amts Included in claim : {$5.00} {$46.00} {$7.00} {$41.00} {$46.00} {$150.00} {$150.00} {$240.00} {$240.00} {$290.00} Total of Unauthorized items : {$1200.00} At that time a Temporary Credit to my Checking account was made for the total amount of {$1200.00} and I was given the following for the Claim Number XXXX. I was told if BofA needed any additional information they would contact me and that a new card would be mailed. I was told that if I needed a temporary card while a new one is being mailed, I could request this at any BofA. A few day later I went into a XXXX XXXX BofA and received a Temporarily Replacement Card to use until my original was mailed to me. 

XX/XX/XXXX : BofA Reversed each Temporary Credit without any explanation. I never received any prior notification either by phone call, email, message left on my Login Page or by mail that BofA was going to Reverse the Temp Credits issued on XX/XX/XXXX. 

XX/XX/XXXX : Because of my Father-in-laws health getting much worse and being so close to his passing away I did not address this until after I returned to XXXX. I contacted BofA and was told that the Claim was Closed because I never submitted a Police Report. I would like to note for the record this was the very first time ever did I learn that I needed to submit a Police Report. I was explained that the Claim was closed because the Claims Dept felt that the Acct was not drained, and they felt the charges were authorized. I cant put into words how upset I was after being told this information. The BofA Rep was very polite and took the time to look over the transactions in question and found that charges were being made in two different States at the same time. After this was discovered I was placed on hold while the BofA Rep spoke to a Supervisor to re-open the claim based from this information. I asked if the Claim could have back the Temp Credits while it was being re-investigated and was told after I submitted the Police Report I could request this. 

NOTE : 1st request for Claim to be expedited. 

XX/XX/XXXX : After I learned of this, I stopped everything and drove to the XXXX Police Dept to file a claim. After an hour, a Police Officer was available to write up a report and provided a Police Case ID Number : XXXX. After the package was notarized a Copy of the entire package was taken to the XXXX BofA located on XXXX XXXX & XXXX XXXX to be faxed per the instructions I was given earlier. The Police Report was sent to BofA Claims Dept Fax Number XXXX XXXX. 

NOTE : I was not given a Fax Confirmation, however the employee said it was sent successfully. 
NOTE : 1st time faxing Police Report around XXXX XXXX. 

XX/XX/XXXX : Due to the hardship of money being reversed and being XXXX XXXX I contacted BofA again asking if there was anyway a Credit could be given since I had done everything asked of me. Again, I was told that another request would be made to expedite the case and that the agent taking my call requested that the Claims Dept contact me by phone regarding the claim. I was told that I may not receive a call for up to 24 48 hours. She mentioned that she could not do anything more and that she was very apologetic and felt badly for our situation. In closing she mentioned that it could take up to 60 days to review however because of it being expedited it could be much sooner. 

NOTE : This is the 2nd request for the Claim to be expedited. 
I never received a Phone Call from the Claims Dept per my request on XX/XX/XXXX. 

XX/XX/XXXX : I contacted BofA Claims Dept to check the Status of the Claim and was transferred to XXXX, XXXX Advocate. Apparently BofA never received the Police Report faxed on XX/XX/XXXX. XXXX said to call again on Tue to confirm the fax being received and at that time he would investigate the Temp Credits while the investigation was underway. I immediately went back to BofA located at XXXX XXXX & XXXX XXXX and explained that I needed a Fax Confirmation due to the Claims Dept not receiving the Police Report that was faxed on XX/XX/XXXX. XXXX said he would also make the notes on the Claim to expedite the Claim and that the back office who processes the claims would see this. See Attached Fax Report. 

NOTE : This is the 3rd request for the Claim to be expedited. 
2nd time faxing Police Report at XXXX XXXX See Attached Fax Report. 

XX/XX/XXXX : I contacted BofA to check the status to the Claim and learned that an automatic generated message was attached to the claim number saying documents were received however NO documents were attached to the Claim. I was asked to re-fax the Police Report again and this time to attention the fax to DEBIT CARD OPERATIONS. When I went to BofA located at XXXX XXXX and XXXX XXXX the Branch Mgr. remembered me from the other times coming in, she could not believe that the prior 2 faxes were not received therefore she faxed it 2 ( two times ) during this visit. See Attached Fax Report. 

NOTE : This was the first time I was ever told to address the fax to this department. 
3rd time faxing Police Report at XXXX XXXX See Attached Fax Report. 
4th time faxing Police Report at XXXX XXXX See Attached Fax Report. 

XX/XX/XXXX : I contacted BofA and was told that the Claim did not officially re-open until XX/XX/XXXX and that it was probably too soon for the notes to reflect the fax was received and to check back in a few more days. 

XXXX Due to falling ill, I did not contact BofA again until the first week of XXXX. I am not exact on the day, however when I called, I AGAIN learned that BofA did NOT receive the Police Report and was asked to fax it again. 

XX/XX/XXXX 5th TIME FAXING POLICE REPORT AT XXXX SEE ATTACHED FAX REPORT.

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