Consumer complaint received 2018-03-24
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: AZ
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:
Hi, Thank you for your time helping us with this. 

In XXXX of XXXX my husband and I noticed XXXX charges on my debit card for XXXX and XXXX that we did not make. 

XX/XX/XXXX - XXXX {$260.00} XX/XX/XXXX - XXXX XXXX {$400.00} Upon contacting Bank of America regarding the purchases they cancelled the card, issued another, and began a fraud investigation. Shortly thereafter, they credited our account for both the amounts totaling {$670.00}. We did not hear back from them until the beginning of XX/XX/XXXX when they sent us a letter saying that the fraud claim had been resolved and no error had occurred ( See attached BofA_Fraud_Resolution_Letter ). They subsequently withdrew the amounts back out of our bank account. ( Note the wording " error '' of the letter. Fraud is not an error. ) I contacted Bank of America regarding this issue to find out why the case had been reversed and they told me that one charge was confirmed as fraudulent XXXX XXXX XXXX. Then they proceeded to tell me that both were then denied because we physically shopped at both XXXX and XXXX XXXX before, because there were a number of days in between the charges and us noticing them, because we had logged into our account around the same time, and because no attempt was made to drain the account. Frustrated, I began questioning them on their investigation practices and learned that they use a third party " back office investigators '' and could not tell me what steps were taken during the investigation. They also told me that the federal government didn't allow them to investigate further so they " had to deny '' the claim. 

After speaking with a representative at the Consumer Financial Protection Bureau, I began a little bit of research on my own in order to provide as much information as I could for this report. Upon contacting XXXX XXXX I found that only the XXXX purchases that I made in the summer of XXXX in person in XXXX XXXX, AZ showed under my account name. Thus confirming my card was used for a purchase which happened under another account name. 

Bringing this to BofA 's attention they suggested I submit a faxed letter stating the findings and requesting that the case be reopened. ( See attached BofAFraudLetter XXXX. I did so and on XX/XX/XXXX called and confirmed that the case had been reopened. 

Not having seen nor heard anything since, I obtained my old card number from the bank and once again contacted both XXXX and XXXX XXXX regarding the charges. 
The woman at XXXX XXXX said she had just had the same experience and suggested I contact the Atty General in this matter. She was able to confirm for me that the account holders name, address, and phone number were not mine because they did not match the billing information that I gave her. She was able to tell me that the purchase was of a XXXX amp circular saw work bench. 

Next, I contacted XXXX and went through the same process with the gentleman there. I was able to learn that the purchase was for a XXXX 60 volt maximum lithium ion battery. I was also able to deduce that the account holders name, address, and phone number were not the same as mine, yet again. Then I learned that the last name of the purchaser was XXXX of which, I know none. 

Finally, I contacted BofA again today only to find that the case had been once again closed for the same reasons as before. The investigators failing to do their due diligence or choosing to not pursue the case further, instead allowing Bank of America to steal the money from me rather than the responsible parties. 

I learned that XXXX XXXX and XXXX both would pay the amounts to Bank of America if the case was proven then would have to pursue a suit against the perpetrators to recover their losses. Also, the personal information of the perpetrator is not available to the victim by law, however, it is available to the investigators and Bank of America. 

I respectfully request this issue be investigated in order to right the wrong that has happened and return our money that we did not spend. 

Again, thank you for your time in this matter.

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