Consumer complaint received 2023-03-13
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: GA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
I need help. Bank of America has unlawfully seized/stolen and is continuously attempting to steal {$3300.00} from my checking account with no legal justification or process, despite the objections and disagreements voiced by multiple of Bank of Americas managers at the local branch who disagreed with the banks decision to do this and who, to be fair, tried hard in my presence to get the Bank to reverse its wrong decision. I feel like I have no other option than to take this to the media and the regulatory authorities as this is negatively affecting me and I have no idea what to do at this point. The bank is using unfair, deceptive, and abusive behavior to harm me as a long-time customer which is just heartbreaking. 

On XX/XX/XXXX I went to Bank of Americas branch in XXXX, GA to make a {$3300.00} cash deposit. I checked in for service with a Bank of America manager ( XXXX XXXX XXXX ). While there I notified the bank manager ( XXXX XXXX ) that I was making a {$3300.00} cash deposit and needed assistance. The manager ( XXXX XXXX ) came to the inside bank lobby ATM which was a few steps away from his lobby desk to assist and witnessed me during my {$3300.00} cash deposit. Additionally, the manager ( XXXX XXXX ) remained at the inside lobby ATM with me and asked me to log into my Bank of America App so that he could verify that the deposit updated correctly in my account. I did as he instructed me and logged into my BOA app after which both he and myself verified that the ATM had properly counted, accepted, and deposited my {$3300.00} cash deposit into my account. This was done before leaving the atm and is all on camera. Bank of America verified, credited, and fully posted my {$3300.00} cash deposit to my account and the Bank even shows this fact on my bank statement. 

About an entire month later, on XX/XX/XXXX, Bank of America wrongfully and illegally took {$3300.00} out of my account with no notice or explanation. I initially thought this was someone else committing fraud using my debit card so on XX/XX/XXXX I immediately called the banks fraud department to report fraud. BOAs fraud department representative ( XXXX ) misled me by stating that the {$3300.00} debit on my account appeared to be check fraud that someone was attempting on my account and stated I should call back in after it had posted so a claim could be opened. This was not check fraud by someone else. It ended up being Bank of America illegally taking monies out of my account without my permission. 

On XX/XX/XXXX the bank edited the online description of the {$3300.00} they took out of my account on XX/XX/XXXX to state ATM Deposit on XX/XX/XXXX totaling XXXX had a shortage in currency. XXXX. Bank of America was not just claiming a shortage as the notes claimed because they took away my entire {$3300.00} cash deposit from a month earlier. On XX/XX/XXXX I called back into the fraud department and spoke to fraud representative XXXX from Alabama. I explained that Bank of Americas claim for taking my money out of my account was erroneous, that my cash deposit was a month earlier, that a bank manager witnessed and confirmed my {$3300.00} cash deposit while assisting me at the atm, that what the bank was doing was wrong, and that the bank could not just take my money. XXXX, the fraud representative, put me on hold to research the situation. After researching what had happened XXXX came back on the phone and specifically stated to me that he would adjust my account to put my money ( the {$3300.00} ) back into my account. I asked him again if he was putting my money back into my account and he specifically responded stating yes. Before hanging up, Bank of Americas fraud representative promised and reassured me again stating specifically your money will be back in your account tomorrow. The fraud representative ( XXXX ) also recommended that I go to the branch to let them know about my disappointment in what happened. The bank did not actually keep its promise to return my money as XXXX in the fraud department agreed they would do on XX/XX/XXXX. What they actually did was they opened a claim. 

On XX/XX/XXXX, as advised, I went to the Bank of America Branch in XXXX, GA where I originally made the deposit at the inside lobby atm. Upon arrival I was assisted by XXXX XXXX XXXX ( a Bank of America District Manager ) and XXXX XXXX XXXX ( The Bank of America Manager who had personally witnessed and assisted me during my atm deposit on XX/XX/XXXX ). I explained to them that the bank had taken my entire {$3300.00} cash deposit claiming a shortage in currency despite my deposit being done in the presence of XXXX XXXX. Both managers were in shock and disbelief. Despite me already calling the fraud department earlier that day the Bank of America district manager XXXX. XXXX directed the Bank of America manager ( XXXX XXXX ) to provide further assistance to me to help get the error fixed. The manager ( XXXX XXXX ) corroborated the fact that he personally witnessed my deposit to the district manager XXXX XXXX, and also to multiple Bank of America departments including the fraud department and atm deposits department. XXXX XXXX spoke to at least 3-4 bank representatives in these departments, in my presence, and he repeatedly told them that they had made a mistake, that he had witnessed the deposit, and that my account should be re credited for the money the bank had taken out on XX/XX/XXXX. XXXX XXXX pleaded with the bank to fix the error. Within 1 day from the managers ( XXXX XXXX ) calls to the fraud, atm deposits and other BOA departments, the bank issued a temporary credit to my account for {$3300.00}. 

Disappointingly, on XX/XX/XXXX the bank again took {$3300.00} back out of my account, without me receiving any prior notice. To add insult to injury BOA went after my funds in outside accounts. I had recently made an ACH transfer out of my BOA account and into another institution. After the transaction had already posted to both my BOA account and my account at the other institution BOA went into my account at the other institution and took back the ACH transfer without my consent. This caused major inconveniences and embarrassment as all my available cash at the other institution was frozen due to BOAs action and I was also charged fees by that institution. I went back to Bank of Americas branch in XXXX, GA and spoke to the Bank of America Financial Center Manager ( XXXX XXXX XXXX ) and XXXX XXXX XXXX ( BOAs District Manager ). The district manager repeated the fact that that XXXX XXXX ( a BOA Manager ) had witnessed me making the deposit and that the bank had later taken the deposit out of my account. XXXX XXXX ( The Financial Center Manager ) was in disagreement with the banks action/decision to take my money and he believed the bank had made an error in doing so. With me in his office, XXXX XXXX ( The Financial Center Manager ) called the fraud department again to dispute the banks action. XXXX XXXX ( The Financial Center Manager ) spoke to a BOA fraud representative who stated that the money was taken out of my account on XX/XX/XXXX because the claim was closed and not found in my favor. The fraud representative stated that the notes she saw on the decision stated that the bank audited their atm on XX/XX/XXXX and found a currency shortage which was the reason they had taken money out of my account. This is erroneous. I was nowhere near the bank or its XXXX, GA atm on XX/XX/XXXX and I hadnt been there for an entire month so the bank has no legal justification to claim that a shortage in their ATM on XX/XX/XXXX has anything to do with me, my account, or my deposit of XX/XX/XXXX. XXXX XXXX ( The Financial Center Manager ) specifically told the fraud department that they at the branch had not seen any shortages. XXXX XXXX ( The Financial Center Manager ) told Bank of Americas fraud department that their claims were not correct and was not what had happened. He told the fraud department that I did make the {$3300.00} cash deposit on XX/XX/XXXX and that this was all witnessed by a bank manager ( XXXX XXXX XXXX ). The Financial Center Manager also confirmed to me that the Bank checks the ATM weekly and that the bank saw no shortages. The ATM was therefore checked at least 3-4 times after my deposit where no discrepancies relating to my deposit was found and the bank claimed no issue with my deposit after multiple checks. By XX/XX/XXXX, approximately a month after Bank XXXX XXXX XXXX witnessed my {$3300.00} cash deposit, hundreds of customers had likely used that atm and deposited or withdrew tens of thousands of dollars. It is egregious for the bank to claim that they found a shortage on XX/XX/XXXX and assert that I should be responsible for compensating them for it. This is no different than theft. The bank has cameras, there was managerial witness and assistance at the time of my deposit, multiple bank managers have already corroborated my deposit to Bank of Americas ATM Deposits and Fraud department verbally and in writing, 2 bank managers has told the fraud and atm deposits department that the money had incorrectly been taken out my account, there was the ATMs own verifications, and it was the Banks duty by law to ensure that my cash deposit was counted, verified, and made available to me within 2 days of my cash deposit. 

On XX/XX/XXXX XXXX XXXX ( The Financial Center Manager ) again pleaded with the banks fraud department to re credit my account because I needed my money but the bank did not do so. The fraud representative did however say that based on the new additional statements now being made by XXXX XXXX ( The Financial Center Manager ) further supporting and corroborating my {$3300.00} cash deposit she would notate the claim to state that my XX/XX/XXXX deposit was witnessed by a bank employee. The fraud representative also stated that the case would be forced to be reopened and that she would have it escalated. The fraud representative also said that it would be helpful if both I and bank staff send additional written witness statements to the fraud department which we all did. XXXX XXXX ( The Financial Center Manager ) typed a statement and faxed it to the fraud department on XX/XX/XXXX within minutes of this request from the fraud department. I personally sent a written statement, and XXXX XXXX XXXX ( the BOA manager who personally witnessed and aided me at the time of my deposit ) also sent in a written statement to the fraud department on XX/XX/XXXX. The fraud department has confirmed to me that they are in possession of all the witness statements mentioned above.

Despite all this evidence that I was wronged, and pleas from Bank managers, Bank of America is refusing to take timely and immediate action to return my money that it wrongfully took out of my account. My account is now in the negative and the bank is claiming that I owe them due to the negative balance. How could I owe Bank of America due to the negative balance when the negative balance is only there due to BOA illegally taking my {$3300.00} cash deposit out of my account without my consent? The bank is engaging in unethical, and unfair banking practices and I am asking that either the bank or the regulatory authorities step in to get this situation corrected. This type of behavior erodes consumer confidence and is something I would only expect to see in a third world country. Never would I have expected to see this with a large bank like Bank of America. I trusted Bank of America as a long-time customer and the bank has let me down and eroded my trust in it. 3 Bank of America managers have all corroborated the fact that I did deposit {$3300.00} in cash on XX/XX/XXXX. XXXX Bank managers have sent written letters/witness statements to the Banks fraud department confirming this. Managers at the XXXX, GA branch have pleaded with the bank and made multiple attempts to get the bank to reverse its wrongful decision including making verbal and written statements to the banks fraud and atm deposits department making it clear that the bank was wrong and I did make the deposit witnessed by bank managerial staff. I also sent a letter/witness statement to the fraud department as they requested. Despite this the bank is ignoring taking prompt action to replace my money and make me whole. When I call into the fraud department I simply get told by the representatives that they are in possession of the witness statements from Bank of Americas managers and myself, and they are submitting a new escalation to the case, however as of XX/XX/XXXX after two months of going through this unfair action by the bank, Bank of America has taken no action to replace my money. Bank of America has penalized me for its own wrongdoing. The banks own manager stated that they had never seen something like this done before. Others have said the same. I never imagined that the bank would ever do something like this. I hope the bank is not doing this to other customers. Please I just want my money back. I have lost several days of work going to the bank to seek help in getting this resolved to no avail, I have incurred numerous fees, and I am being financially affected negatively by the banks actions. This behavior by the bank is unfair, deceptive, and abusive to me as a customer, and its just plain wrong. Bank of America should not only be re crediting my account for the {$3300.00} it wrongfully took out my account but it should at least be offering me some kind of compensation for all the hurt caused, lost income, late payments, fees etc.

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