Consumer complaint received 2021-05-17
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NY
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
I am an account holder at Bank of America and I hereby wish to notify you that I have been the victim of a scam on my Bank of America account. 
On XX/XX/2021, Mr. XXXX XXXX, account holder # XXXX at Bank of America, made a purchase of a kayak for me through my XXXX account for an amount of {$790.00}. We agreed that said amount ( {$790.00} ) would be transferred to my account at Bank of America according to messages that he transmitted to me from his XXXX  number XXXX to my XXXX number on XX/XX/2021 ( I have the supports of this conversation, from be necessary ). 
On XX/XX/2021, when checking my account at Bank of America, I found an unexpected deposit in the amount of {$9100.00} and immediately sent an email to Mr. XXXX XXXX, who is the Bank of America employee who opened my account. and he is the person to whom I must report any irregularity in my account ( I have the support of the mail sent to Mr. XXXX XXXX, if necessary ). Additionally, I contact Mr. XXXX XXXX, through his XXXX  number XXXX to transmit the irregular situation, since I did not expect any other deposit in my account except the {$790.00} agreed with him for the sale of the kayak. 
Immediately, he explained to me that it was indeed an error, since he mistakenly deposited into my account the amount of {$9100.00} that was for another beneficiary ( I have the support of this deposit, if necessary ) and the payment that corresponded to me for {$790.00} he made it to another beneficiary ( I have the support of this deposit, if necessary ) claiming that it had been an error of his secretary ( I have the support of this conversation through his XXXX number XXXX, if necessary ). 
To solve the problem, he demanded that I transfer, immediately, the difference between the amount deposited by mistake of {$9100.00} and the amount agreed for the sale of the kayak of {$790.00}, to his account # XXXX in Bank of America in the name of XXXX XXXX. I proceeded then, always in my good faith, again to check the balance in my account at Bank of America and it actually appeared added ( AVAILABLE ) the amount deposited of {$9100.00}. After this, on XX/XX/2021 I made the transfer ( of the difference ) for an amount of {$8300.00} ( I have the support of this transfer, if necessary ) and I sent the information of said transfer to your XXXX number XXXX ( I have the support of this conversation, if necessary ). 
When reviewing my account at Bank of America, I find that on XX/XX/2021 the bank debited from it the {$9100.00} ( which had been deposited to me ) plus a charge of {$12.00} ( I have the support, if necessary ). I want to note that it was only as of XX/XX/2021 that the Bank of America system allowed me to find out about the debit made to my account and additionally that the deposit had been made by check. 
On the other hand, on XX/XX/XXXX, XXXX, the date from which the digital image of the check was available in the Bank of America system, I learned that the person who issued the check for {$9100.00} is not Mr. XXXX XXXX but the company XXXX XXXX XXXX XXXX ( I have the support of the check, if necessary ). When I found out about this check, which according to the digital image, is from XXXX XXXX XXXX, I contact said bank and they send me an e-mail where they say that the company XXXX XXXX XXXX XXXX has never been or is a client of that bank ( I have the support of that e-mail, if necessary ). 
Obviously, Mr. XXXX XXXX forged a check and deposited it or had it deposited into my account at Bank of America, knowing this vulnerability that Bank of America has, which immediately puts the money available in the beneficiary 's account, without previously verifying the effective availability of the money deposited for the purposes of crediting it into the account. In effect, the amount deposited was reflected in my account, as available, without any type of alert, for example : deferred or pending, which meant for me that all the necessary procedures were overcome so that it is properly credited to my account and consequently available. 
However, when I made the claim to Bank of America under the number : XXXX ( I have the support, if necessary ), they replied that Bank of America has no responsibility in this regard and that my claim is not applicable. That is, they credit as available an amount that was not available because it was a false check as indicated by them and investigated by me ( as mentioned above ) and they argue that they have no responsibility, UNACCEPTABLE. That is, they do not respond for the certainty of what they credit as available. 
The seriousness of the case is such that it was a false check, which shows the serious and inconceivable security breach of Bank of America that seriously harms those of us who have our money at Bank of America and who handle our accounts honestly. and seriously. This policy benefits all these scammers who are on the lookout for any weakness of the bank, in order to carry out their scams. 
I am coming to you to submit to a rigorous investigation Mr. XXXX XXXX, owner of account # XXXX at Bank of America. 
Without further ado for the moment and thanking you sincerely for your attention

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