Consumer complaint received 2020-03-02
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Money transfer, virtual currency, or money service
Sub-product: Domestic (US) money transfer
Issue: Fraud or scam

Complaint:
On Friday, XX/XX/XXXX, someone gained unauthorized access to my online banking account with Bank of America, and proceeded to make five separate transactions using the online money transfer platform, " XXXX '', which I understand is linked to many online/mobile banking sites and applications. 

This individual made the transactions to likely fake names, even seemingly creating fake emails for them as well ( all of the emails I saw corresponding to these names were " XXXX '' emails, which struck me as strange that five completely different individuals would happen to use the same email provider/website ). The last transfer appeared as having been made to my own name, which I found most alarming and indicative that this individual did in fact steal my identity and possibly opened an account elsewhere under my name, to which at least one of these transfers was most likely made. 

The transfers were made as followed, with their corresponding amounts that were withdrawn from my checking account : XXXX XXXX ( {$470.00} ), XXXX XXXX ( {$460.00} ), XXXX XXXX ( {$450.00} ), XXXX XXXX ( {$440.00} ), and finally my own name, XXXX XXXX for {$420.00}. All of these transfers were made within the same day, between XXXX and XXXX. 

I never received a SMS/text notification providing me with the six-digit verification code that XXXX normally provides when making a funds transfer or adding a recipient. I initially discovered the fraudulent and unauthorized activity the following morning ( XX/XX/XXXX ) upon returning home from an overnight twelve-hour shift, when I was checking my email inbox. I discovered that the five transactions were made, as well as the emails indicating that those contacts were added to my list of XXXX recipients. Included in the emails I received from Bank of America, were the times that I'm assuming these transactions were made, and the times these contacts were supposedly added as recipients by the individual that committed the fraud. 

According to the times shown on the emails, on XX/XX/XXXX, at XXXX XXXX, I received an email stating that " XXXX, XXXX '' was added to my list of XXXX recipients. 

At that same exact time, I was riding my motorcycle back home from the XXXX  college  I attend, and I happened to use the toll road, for which I can provide proof of the exact time my motorcycle license plate 's photo was taken by the the cashless tolling gantry on that specific toll road. The time listed on my statement for toll road use on that specific day was XXXX. 

On the email I received that stated I sent {$440.00} to " XXXX, XXXX '', the time listed is XXXX. 

Using common sense, I would like to know how is it possible to make these transactions from my mobile device ( a hand-held cell phone ) while riding a 600cc, 415lb sports motorcycle down a steep highway in heavy, Friday afternoon, close-to-rush-hour traffic? 

Again, according to those emails, apparently I was in fact making those transactions, but according to my toll statement, somehow I was doing it while riding? ( With leather gauntlet gloves on, to be exact, and splitting lanes. Let me add that according to California state law, it is illegal to use a handheld cellphone or to text while driving, so apparently I was breaking the law in this sense as well? ) I have yet to provide Bank of America with these specific details ( but that is exactly what I plan to do later today ), as I have just now, as I am typing this complaint, while my young daughter is sleeping, realized that I'm able to compare the time these emails were sent to me, with the time my license plate was read by the cashless tolling gantry. Prior to this, I had trouble pinpointing the exact time these fraudulent transactions were made, as they are not listed on my Bank of America checking account statement for that specific time frame. As an experiment, I just attempted to add my boyfriend as a XXXX recipient, to compare the SMS number my phone received containing the six-digit verification code, to the numbers on my call log corresponding to the time frame the fraud occurred. I am able to do this by logging into my mobile phone service provider 's website under the account linked to my phone number, and viewing all the messages that my phone number has received or sent on that day, within that time frame. 

Today, XX/XX/XXXX, at XXXX XXXX, I received and incoming text from XXXX, listed as " DirectToConsumer '' on my call log, as shown on my mobile service provider 's website. At XXXX, ( approximately three minutes later ), I received an email from Bank of America notifying me that I had successfully added my boyfriend fo my list of XXXX recipients, with his mobile phone number shown beneath his name. 

Now, when looking at my call log for the time frame in which the fraud occurred, I have not been able to find any text messages specifically from XXXX or " DirectToConcumer '' containing a six digit verification code for any of the five transactions. According to my call log, none of the incoming text messages I received on XX/XX/XXXX are from XXXX or " DirectToConsumer '', and I specifically did not receive any text messages between XXXX and XXXX ( the time frame in which the transactions took place ), with the exception of one outgoing text message to my mother at XXXX, after I arrived home from school, and her phone number is clearly shown. 

Also, when looking at the emails I received from Bank of America on XX/XX/XXXX stating that I had " supposedly '' added those contacts and transferred funds to them, no phone number appears beneath their contact names, only an email address, and as I mentioned at the beginning of this statement, the emails from all five contacts areXXXX emails, including the contact that was made using my name, and neither of the two email accounts I have and actively use are with XXXX. 

I have filed a police report with my local law enforcement, and provided the case number to Bank of America, even faxing them the police report documents. I have even gone to the extent of sitting down with a XXXX XXXX XXXX  teller inside one of their financial centers, requesting a signed and written statement with a XXXX XXXX letterhead, stating that I have never banked with them. At the same time the five unauthorized XXXX transactions were made, I am assuming possibly the same person used my information to open an account with XXXX XXXX, and used my information to steal an additional {$4500.00} from my Bank of America savings account and transfer it to XXXX XXXX. Bank of America failed to provide me with any notification of this large transfer WHATSOEVER, and the only way I found out was after two  weeks when I contacted the Bank of America fraud department, asking them to check if any fraudulent activity had occurred in my savings account, as I was unable to access my online banking due to my checking account having been frozen after I filed the fraud claim, and Bank of America proceeding to change all of my login information ( username and password for online banking ). 

I was very fortunate that XXXX XXXX worked diligently to investigate the claim I opened with them, after I was informed by Bank of America that the money that was stolen from my savings account had gone to them. Bank of America did follow through and return those funds, however I am still at a loss for the {$2200.00} from the XXXX transfers, and as of today, it has been six months that I have been fighting for my money back. 

I have jumped through all of Bank of America 's hoops that they continuously and indifferently have been suggesting me to do, wasting so many hours on the phone with their fraud department to hear the same suggestions, and wasting even more time that I don't have to physically go to their financial centers and fax supporting documents, only to continue to have my claim denied. I often wonder if their " analysts '' even do any " investigating '' at all, and Bank of America has continuously refused to provide me with any explanation other that stating that the disputed transactions appeared to have been made from my mobile device. However, when asked which IP address was used, to verify if in fact it really was my device, that information can not be disclosed to me. And the exact location of where those transactions were made from is also information that Bank of America representatives are not " allowed '' to provide to me. I even went as far as placing a representative from my mobile phone service provider on a three-way call with me and a representative from Bank of America, explaining and clarifying to her that they are unable to " detect any malware on my phone ''. It was only after speaking for more than an hour with this representative from my mobile phone service provider, that he made it clear to me that what has occurred may not only be a fraud case, but a civil and/or criminal case involving identity theft. 

To say that this entire situation has been a nightmare is not enough to describe how awfully stressful and overwhelming it has been for me. I have lost sleep, and I would be lying if I were to state that this hasn't taken a toll on my mental and emotional health. I have had to take it upon myself to research and investigate why and how this fraud occurred, which is not my responsibility, but the responsibility of Bank of America, yet it has been six months and they continue to fail to honor my claim, not even providing me with a reasonable explanation as to why they are unable to do so. And the only way I can ever find out about the status of my claim, or whether it has been denied, has always only been by physically taking the time out of my already stressful and overwhelming life as a mother to a young toddler, a XXXX, and a XXXX, to call Bank of America 's fraud department myself, and ask them what's going on. Or merely to beg them to do their job. 

As soon as I receive my funds back, I absolutely do not plan on staying with this bank. I trusted that my very hard-earned money would be safe with them, but I have learned the hard way that this joke of a financial institution could care less about what that money means to me and my family, who can NOT afford to lose that large of an amount. What saddens me is that I have learned that I am not the only victim of this horrendous type of fraud, and that many other individual are also struggling with the same situation. But to anyone who has taken the the time to read this far, I am warning you and I will definitely be informing and warning all my loved ones, friends, coworkers, and anyone that matters to me and that I care about, that Bank of America is NOT safe and they do not care if this happens to you. 

I truly hope that by taking these measures of starting to file extensive complaints and telling my story, eventually my case will be resolved and I will finally be able to focus on what matters most to me, which is my young daughter, whom this directly affects since I work to provide for HER. This has truly been a nightmare, to say the least, and I just want it to be over and have my hard-earned money rightfully returned so that I can live again and pick up the pieces from this very difficult and challenging chapter of my life, and begin to recover from the losses and damages my family and I have suffered as a result of Bank of America 's failure to do their job.

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