Consumer complaint received 2023-05-04
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem caused by your funds being low
Sub-issue: Non-sufficient funds and associated fees

Complaint:
I received an email to my college student email regarding a job offer on XX/XX/2023. They gave me two sign on bonus check for {$950.00}. I deposited the first one and it took about 3 days for it to go through to Bank of America. A few days later, I deposited the second check but when I found out they were fake, I went straight to the bank to cancel it. I let them know it was fake but they would not allow me to cancel it. 

On XX/XX/2023, I left my phone at a restaurant close to campus. I went to class and realized it was missing. I went back for my phone and later that night I realized someone had hacked my XXXX and sent themselves {$800.00} leaving my bank in the negative. I have two phones and Bank of America will send me notifications to my other phone when I make big purchases or transfers. They did not send me a notification to authorize the {$800.00} transfer. 

I drove to the nearest ATM and withdrew {$1000.00} out of the {$2500.00} that I had in my savings. That was all the bank allowed me to withdraw. Out of fear of the remaining balance being taken, I XXXX  the remaining balance to my brother. That time I did receive a notification to my other phone from Bank of America but did not for the initial {$800.00}. One of the reasons I am filing this claim. 

I filed a police report ( XXXX case # XXXX ) and sent it to my bank and filed a claim with them for fraud to get reimbursed. I asked for my account to be frozen so I can still get my work study check and get reimbursed for the unauthorized {$800.00} charge once the claim went through. They ended up closing my account and keeping two of my work study paychecks. I had asked for a bank statement to see if the school still had my work study paycheck but both paychecks showed up on the statement. 

I called the XXXX Bank of America Fraud line to check the status of my claim and they told me my claim was closed and that they would not be able to reimburse me. I asked them to reopen the claim and they did. I called again Monday, XX/XX/2023 to check the status and they had closed it again but said their investigation takes 60 days and that they would email me updates via email. 

I am filing this claim because they did not send me a notification to authorize the initial {$800.00} XXXX transfer. Every time I call to get an update I am given the runaround and told different things. 

I am also filing a claim because when I first opened my account I declined the overdraft protection so I would not be left in the negative if I did not have funds in my account. At the time the {$800.00} that was taken, I did not have that balance in there but the bank still allowed it to be taken leaving me in the negative. 

Even though Bank of America closed my account they are not declining my work study pay checks. They are taking them to pay the negative balance that was from the fraudulent transaction. 

I have since opened a different account and my new direct deposit for my work study has gone through but I would like to for the negative balance to reversed plus get reimbursed for my two work study paychecks they kept.

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