Consumer complaint received 2020-03-09
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Checking or savings account
Sub-product: Other banking product or service
Issue: Closing an account
Sub-issue: Can't close your account

Complaint:
My name is XXXX XXXX, I am XXXX of a XXXX  XXXX  name XXXX XXXX. XXXX XXXX a sales representative at bank of America merchant services contacted my partner XXXX XXXX via mobile to offer his merchant services. XXXX XXXX English is very poor so therefore he allowed his son XXXX XXXX to explain to XXXX that he does not speak English. XXXX notified XXXX of XXXX language barrier and XXXX used XXXX to explain the service that he is trying to offer to XXXX. XXXX notified me of the merchant service with Bank of America. I contacted XXXX via mobile and I explained to him that I am one of the XXXX  and XXXX  at XXXX XXXX and to only speak to me regarding starting any contracts because XXXX would not understand him. In XX/XX/XXXX, XXXX and I decided to open a merchant account with bank of America and the product was a XXXX XXXX. The device arrived and XXXX contacted XXXX to inquire on the possibilities to exchange for a bigger XXXX. XXXX XXXX ensure XXXX that it can be returned, He gave XXXX the return instructions, register:XXXX, Printer : XXXX Shipping address XXXX XXXX XXXX XXXX GA XXXX. He also gave XXXX the impression that he can follow the return process by signing a paper to return the XXXX  then the bigger XXXX would be mailed. A couple of weeks later, I realized we were being charged for two XXXX  on the Bank of America statement, I called XXXX XXXX and he advised for me to call the customer service line for help. When I called customer service, they notified me that we have two merchant service contracts. I was in shock because the XXXX  are only aware of one contract. Customer service then directed me to call XXXX XXXX XXXX to see who signed the second contract. I spoke to two representatives with XXXX XXXX and they both notified me that my partner XXXX XXXX and XXXX XXXX signed the second contract. At this point I was in disbelief because XXXX XXXX is a XXXX  XXXX  and he has never spoken to XXXX it seemed impossible that he would sign another contract, worst of all without my knowledge. I asked to speak to a supervisor at XXXX XXXX XXXX and I spoke to XXXX and she also confirm seeing XXXX XXXX signature on the second contract. XXXX informed that she would investigate the problem and would get back to me. I requested for a copy of the contract and XXXX informed that it would take up to 10 days to receive, now its almost two months and I have yet to receive a copy of the contract from XXXX XXXX XXXX to see where XXXX XXXX signed it. A few days later XXXX called me back and informed that XXXX XXXX stated that XXXX XXXX signed the contract. XXXX also stated that he spoke to XXXX XXXX and he developed such a good relationship with XXXX XXXX he started to call him XXXX XXXX. I realized that XXXX was indeed lying and covering himself. XXXX suggested at email proof of signature to XXXX. I emailed pictures of XXXX XXXX and XXXX XXXX photo ID and proof of signature on XX/XX/XXXX. XXXX also emailed XXXX at XXXX XXXX XXXX his proof of signature. We have not heard anything From XXXX at XXXX XXXX XXXX after submitting the proofs. XXXX knew from the beginning that XXXX does not speak English.  He also knew that he spoke to XXXX. XXXX and XXXX are two different individuals. I then realized that XXXX took advantage of the situation when XXXX called to return the first clover mini and certainly mislead him to signing something. When I realized that the second contract was a fraud, I emailed XXXX XXXX of the findings and asked to speak to his manager. He did not reply to my email. I called his phone number with no answer. On his voicemail he he listed XXXX XXXX as his supervisor and phone number. I called the supervisor his mentioned on his voicemail with no response and left a message. Two weeks later still no response from bank of America. He finally emailed me XXXX XXXX phone number and I called and left a message with no answer. XXXX also emailed XXXX to inquire about signature on XX/XX/XXXX. XXXX stated that documents are sent to the emails attached to the account however the email attached to the account is XXXX and it was also that email address that used to sign the first contract which is the approved contract. The second so called contract was not sent to that email. My accountant, XXXX XXXX, suggested looking her up on indeed and she sent XXXX a message on indeed and XXXX responded that she was on vacation but would be back in 4 days and will give me a call. Almost a week and a half past with no answer. Now my helpful accountant visited a Bank of America branch and spoke to a manager  and that person escalated it and finally had XXXX XXXX call me now close to a month later. I spoke to XXXX and she apologize and said she an incorrect phone number for. I found that odd to believe because XXXX has my email address and my mobile number. she ensured me that she would investigate it and told me that XXXX did not sign the contract he was just listed as an owner based on her data. At this point I wasnt sure who to believe, XXXX XXXX XXXX having a signature for XXXX XXXX or XXXX with Bank America saying no he didnt sign it. I truly wish I had received a copy of the contract from XXXX XXXX XXXX. I also asked for the copy of the contract from XXXX, and she did email me the contract. When I looked at the contract from XXXX, I realized that XXXX signed his name XXXX XXXX XXXX A couple of days later I received an email from XXXX and she stated that she listened to a recording with XXXX and XXXX XXXX and that she would not cancel the second contract. I informed XXXX that it is impossible for XXXX to have spoken to XXXX XXXX because XXXX does not speak English. If in fact he did speak to XXXX, why would XXXX sign his name as XXXX XXXX XXXX and why would he sign a contract for a second device that he does not need. XXXX then tried to say that XXXX forged XXXX signature. I emailed a copy of both XXXX and XXXX driver license with their signature to proof XXXX and XXXX signature. I also mentioned if XXXX forged XXXX signature, he would sign XXXX name not his own name on the document. XXXX emailed she would email my situation to a higher up, I have not heard anything from XXXX XXXX nor the higher ups in bank of America. I emailed XXXX XXXX twice on XX/XX/XXXX and XX/XX/XXXX for updates and she has been ignoring my emails. XXXX XXXX and XXXX XXXX both knew that XXXX spoke to XXXX XXXX. XXXX and XXXX have lied to hide the fact that XXXX mislead XXXX with signing for a contract when XXXX though he was signing to exchange to a better device. To make matters worse XXXX is not a listed authorized person on the account, they should have tried to notify the account holders before approving the second contract. Bank of America should have realized that the signatures between both contracts were different and that the second contract signature clearly says XXXX XXXX XXXX. They should have tried to confirm the contract with the owners listed on the account. When XXXX and XXXX realized the fraud committed with this contract they have lied and said XXXX spoke to XXXX. XXXX has confirmed speaking to XXXX. XXXX called XXXX XXXX and left messages and she never retuned his calls. I have provided XXXX at bank of America and XXXX at XXXX XXXX XXXX with proof of identification and proof of signature but they refuse to email me back nor take responsibilities for the invalid contract. I am so disappointed that the representatives at bank of America are taking advantage of small business with misleading and committing fraud for a sale. Charges on my account has been accruing for a device that we are not using and without of any of the account holders consent. The second contract needs to be annulled and a refund is well overdue for the accrued monthly charges for the second device.

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