Consumer complaint received 2020-09-08
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Money transfer, virtual currency, or money service
Sub-product: Mobile or digital wallet
Issue: Unauthorized transactions or other transaction problem

Complaint:
Dear Sir or Madam : I am seeking the help of the CFPB to preserve my legal rights under the Electronic Fund Transfer Act, Regulation E. I am the victim of identity theft. About three weeks ago, three online transfers, totaling {$10000.00}, were made to an unknown recipient without my authorization from my Bank of America checking account. I immediately reported the incident to dispute a fraudulent charge on my statement, but the bank wrongly denied my fraud claim and closed the case. All relevant details are as follows. 

On XX/XX/2020, I noticed the unknown suspect gained online access to my Bank of America checking account ( # ending in XXXX ) and made three unauthorized transfers, totaling {$10000.00}. The suspect used the XXXX service to make the transfers of ( 1 ) {$3500.00} on XX/XX/XXXX, ( 2 ) {$3500.00} on XX/XX/XXXX, and ( 3 ) {$3000.00} on XX/XX/XXXX to the same recipient, named " XXXX XXXX '' with the email address " XXXX ''. I didn't make those transfers and didn't permit anyone else to make those transactions. I do not know who the suspect is, who the recipient is, or how the suspects obtained my log-in credential. I have never used the XXXX service in my life. 

On XX/XX/XXXX, I called the bank to report the situation. The representative told me it would take up to 10 days to investigate the issue and froze my compromised account. After that, I also reported my identity theft to FTC IdentityTheft.gov ( XX/XX/XXXX ), FBI IC3 center ( XX/XX/XXXX ), and the Upland police department online ( XX/XX/XXXX ). 

On XX/XX/XXXX, the Bank of America sent me the notice that my fraud claim ( # XXXX ) was denied. The letter says, " Our investigation found that the transaction in question was completed using a device that is consistent with previous valid account activity. '' I disagree with the investigation result since there was no chance that somebody could access my devices. I am living alone without any roommates, my whole family lives in XXXX, and no devices have been stolen. 

On XX/XX/XXXX, I spoke a representative of the bank ( " XXXX '' in the Bank of America 's fraud department in Maryland ) on the phone to request to reopen the case. She declined my request and told me that this issue should be solved " outside '' of the bank. She told me that my smartphone must have been used for the XXXX transactions, so I should provide the investigation letter from my cellphone carrier to  prove that my device was malfunctioning during the days of incidents. I told her that the bank website 's alert record indicated that the incoming request and authentication codes must have been sent through the email, not the smartphone, but she ignored my explanation. I requested her to escalate this case to the upper division, but she declined again. Finally, I requested her to send me a copy of the bank 's detailed investigation results, but I have not received any written document yet ( as of XX/XX/XXXX ). 

On XX/XX/XXXX, I visited the local police station in XXXX, California, to meet a police officer in person to finalize my police report ( Case #  XXXX ). After reviewing my bank statements, the police officer (  XXXX XXXX, XXXX XXXX ) told me that she recently had observed similar fraud cases involving unauthorized money transfers using the XXXX to the same recipient : XXXX XXXX. I asked XXXX XXXX to include this fact in the police report that there were other incidents under the same name of XXXX XXXX, but she declined my request, saying she could not do that with the police report. 

It is apparent that my checking account was compromised, and the XXXX payments were made to the complete stranger without my authorization. Instead of providing an appropriate solution, the bank rebuffed me based on the wrong investigation. Now I am unfairly required to prove my innocence without receiving any written results of the banks investigation. It is frustrating that the bank 's fraud protections were not triggered by the unusual transfers of {$10000.00} from the account of a 17-year customer who has never used the XXXX. 

I submit that the decision of the Bank of America is completely wrong, baseless, and invalid. I request the Bank of America to restore my funds, totaling {$10000.00}, which have been withdrawn from my checking account without my authorization. I humbly request the CFPB to look into this matter under the Electronic Funds Transfer Act, Regulation E.

Enclosed are a copy of my police report ( Case # XXXX, XXXX Police Department, CA ), FTC Identity Theft Report ( Report # XXXX ), and FBI IC3 Complaint Referral Form to support my position. I also attached the record of funds transfer and request activities from the Bank of America website ( indicating the recipients name, dates and confirmation numbers ), and  the denial letter from the Bank of America. 

In case of any issues, or if you need any further evidence kindly let me know. I am willing to cooperate with all law enforcement agencies to investigate this case. 

Yours faithfully, XXXX XXXX, XXXX.

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