Consumer complaint received 2017-10-06
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem with a lender or other company charging your account
Sub-issue: Transaction was not authorized

Complaint:
Dear Sir or Madam, My son XXXX XXXX is a XXXX XXXX in XXXX University. He went to the University from our home in XXXX, TX by taking flight XXXX ( from XXXX to XXXX XXXX ) and got to the University on XX/XX/XXXX ( shown in attached proofs.pdf ). 

On XX/XX/XXXX ( Friday ) afternoon, he got a message from Bank of America ( BOA ), asking him to verify three suspicious transactions from his checking account. He messaged me that those transactions were not his and actually happened in XXXX XXXX and XXXX XXXX, in Texas. I immediately logged on our account with Bank of America and found that there were actually four suspicious transactions were being processing at that time ( Shown in attached proofs.pdf ) : 1. XXXX XXXX # XXXX # XXXX Purchase XXXX XXXX XXXX XXXX XXXX TX, amount {$49.00}, ( approved ) 2. XXXX # XXXX XXXX # XXXX Purchase XXXX XXXX XXXX XXXX XXXX XXXX XXXX TX, amount {$47.00}, ( approved ) 3. XXXX XXXX # XXXX # XXXX Purchase XXXX XXXX XXXX XXXX XXXX TX, Amount {$43.00}, ( declined ) 4. Checkcard XX/XX/XXXX XXXX XXXX XXXX TX, XXXX TX, Amount {$3.00} Because my son is the main user of this shared checking account with me and only he has the debit card ( with his photo ) linked to it and knows the PIN number. I messaged him back that the account is actually his checking account linked with his debit card. Since he has his card with him ( didnt lose the card ), I realized somebody mustve stolen his card information. 

Since he was at a meeting at that time, while he was replying BOA message to deny the transactions, I immediately called BOA. While I was waiting in line with nobody answering my phone for about 30-40 mins, I also transferred the money out of my sons account to our saving account, in case the bad person continues to make more purchases. 

The line finally picked by a lady, after listening to what had happened, she assured me that she would freeze the account and file the claim for us that those transactions was not from us. She also said my son would get another debit card soon. By the way, my son also called BOA later to deny the transactions and he was assured by a gentleman that there was nothing to worry about it. They will send him a form to fill it out and he would get another debit card soon. My son later told me he filled the form online. 

What surprised me is that on XX/XX/XXXX, I got a letter from BOA that they reviewed the claim ( number : XXXX, amount : $ XXXX+ $ XXXX= {$97.00}, Transaction 1 and 2 ) and no posting error has occurred. Moreover, on XX/XX/XXXX, I got another letter from BOA ( Claim number : XXXX, amount : {$140.00} ) that they were unable to locate the transaction 3 ( {$43.00} ) and therefore all the temporary credits will be reversed. 
I called BOA ( XXXX XXXX XXXX ) on XX/XX/XXXX that spoke to Gentlemen. I said that transaction 3 ( {$43.00} ) was declined by BOA even before my son was contacted so that transaction didnt get through. And we didnt claim that amount. I just told the lady that transactions 1-4 were not ours. I dont know why we were temporary credit for that amount of {$43.00}. But I asked why our claim for transactions 1 and 2 were denied as my son wasnt in TX at day the transactions were made. He said he would add the new information I provided and they would review the case again. 

Then on XX/XX/XXXX, we got another letter from BOA that no posting error has occurred and the claim ( XXXX, amount : {$97.00} ) was denied. I call the number ( XXXX XXXX XXXX ) again asked the reason. I was told by another gentlemen that it was denied because the card and PIN was used for the two transactions. I asked him how come someone could get my sons card and PIN as he has his card with him and never shared his PIN with anybody. He told me as long as my son uses the card for online purchase, the information can be stolen. I asked him did that mean its not safe to use bank of America debit card. He didnt answer the question, just told me that the card and PIN was used in the two transactions. I then asked him how couldve the transaction 3 been denied if the bad person really had my sons PIN, before BOA contacted us? I then said it looks to me that the bad person didnt have my sons PIN, thats why he or she was denied for the transaction 3 as many XXXX dont bother to ask for PIN even the customers use a debit card. He told me the other reason the claim was denied is because there was no other purchases from the debit card from XX/XX/XXXX to XXXX  16 and they didnt know if my son was in Texas during the period. I said my son got his new card more than one week later and even after he got it, I asked him trying his best not to use it, instead, use the credit card as the BOA debit card isnt safe at all. I also said because my son is a full time student, how could he get back to Texas as the school just started and it was not spring break. Moreover, his BOA credit card show his transitions from XX/XX/XXXX. Whatever I say, the gentleman insisted the original decision was right. 

I went to a BOA branch in XXXX TX last week for other things but mentioned how frustrated we are dealing with this thing. A lady suggested us speak with a manager of fraud department and request a proof that the PIN was actually used in the two transactions. 

So I called the number again and spoke to a gentleman. He told me he is a supervisor and his name is XXXX. After listening to my explanations, he insisted that the card and PIN was used and there was nothing he could do about it. He also said that usually when the bad person, got the card information, he or she would tend to buy expensive items. Our case is not, he or she made small transactions. I didnt agree with him. If he or she did try to buy expensive items, the cashier would ask for ID. Moreover, if a bad person had the PIN, why did he or she take out of cash from ATM? So I asked him to provide me a proof that the PIN was actually used and a statement in letter and why our claim was denied, other than a sentence that no posting error has occurred on your account in their previous letters. I was shocked to hear that he could only provide the information verbally and BOA wouldnt send me letter to detail why our claim was denied, let alone the proof the PIN was used. 

For me, its clear that even the bad person did stolen the card information, he or she didnt have the PIN as the transaction 3 was declined and originally posting of transaction 4 was disappeared, mostly likely decline as well, and the bad person didnt take out of cash from ATM, all these happened before bank of America contacted to our son. I dont understand why BOA didnt take the investigation seriously, or its because of it is a small amount. 

The above is all the information I have regarding to the transactions. I would be happy if BOA could refund the money we didnt spend. I also request BOA send us a letter in written that why our claim was denied and provide us the proof that the PIN was actually used as i was told. Thank you for your time to listen to this long but unhappy experience with BOA. I have tried my best to detail the frustrated story with BOA. The {$97.00} itself doesnt work my time on it, But I would do whatever I need for a justice, as other customer may have their similar disputes with BOA wrong handling with customers. 

Best regards, 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 monetary relief