Consumer complaint received 2021-10-27
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: LA
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Getting a credit card
Sub-issue: Card opened as result of identity theft or fraud

Complaint:
I was recently the victim of identity theft. The failure of 2 banks to properly follow regulations or at least best practices has further complicated my situation : Bank of America : I have an existing credit card with Bank of America ( issued in XXXX ) and have used their online banking services to review and pay bills. 
Apparently on XX/XX/XXXX, a new credit card was opened in my name with Bank of America. ( see credit report from XXXX attached ) I have only used my home office computer for online banking. Any other computer accessing my account should kick out an alert even XXXX XXXX does this when I logged on from my phone instead of desktop -see attached. 

My browser history does not show contact with BofA on XX/XX/XXXX - see attached history. 

In fact, I was out of the office/house between XXXX XXXX  on XX/XX/XXXX and XXXX XXXX  onXX/XX/XXXX visiting as friend. 

As you can see by the attached Alert History from the BofA site that no message/alert was ever sent that a new device had accessed my account. 

There is also no message regarding the opening of a new account. 

There is only a message that a credit card ending in XXXX was being mailed to me. There is nothing in the message to indicate it is a new card. I thought it was the renewal on my existing card. 


It wasnt until XX/XX/XXXX when XXXX asked about a new credit card that I knew one existed- see attached. 

I then called BofA to find out what was going on since I had not requested any new credit cards or change of limit. 
On the XX/XX/XXXX call to BofA, I was told that it was no big deal, that they were just replacing my existing card with a new one. That when my existing card expired, it would not get a direct replacement. 
I have since had other strange identity occurrences since that call, that caused me to contact BofA again to verify the information I was given. 
My second phone contact with BofA produced a much different result. 
The incident has now been referred to the BofA Fraud Department.

Questions : 1. Why was I not notified that someone had accessed my account from a different device and IP address?

2. Or if the application was submitted other than through my online account, how was this done and what information was collected and verified on the application.

3. With all the alerts that the bank sends, shouldnt there be one for opening a new account or requesting a new credit card? Especially when done online?

4. The new account is for 7 % APR more than my existing account. In the last 2 years, I dont believe Ive run a credit balance much over {$1000.00}. With a total credit line of XXXX XXXX, why would I request a second account with the same credit line but higher interest? Wouldnt it make more sense to increase my existing line with this bank? 
5. Why won't BofA provide any information to me regarding application for the fraudulent card?

6. The card was supposedly mailed XX/XX/XXXX but still has not been received at my address list with BofA. 

Additionally, I was notified by the USPS that an attempt was made to have my mail forwarded to a PA address ( I'm not moving ). This matter has been submitted to USPSOIG. ( see attached )

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 non-monetary relief