Consumer complaint received 2016-10-14
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: GA
Product: Bank account or service
Sub-product: Checking account
Issue: Using a debit or ATM card

Complaint:
On XX/XX/XXXX and XX/XX/2016, XXXX transactions at XXXX and XXXX in California were charged to my business account totaling {$16000.00}. When the first XXXX transactions were attempted, Bank of America notified me via text and email. I responded to neither notification because I was busy at the time. The next day I check my account and see that all of XXXX or the XXXX transactions had posted and I immediately asked my partner to report the fraudulent activity to Bank of America. And the first claim was opened. We could not open a claim against the other transactions because they had not posted. My claim has been denied 5 times for XXXX different non valid reasons. Denial 1 : It is unlikely that a chip card could be cloned and used. Denial 2 : The transactions were verified via a phone number listed on the account and the additional transactions were allowed. Denial 3 : We made a withdrawal on XX/XX/XXXX and should have known that there was fraud on our account. These points were ground for denial by an investigator named XXXX. If XXXX had done any type of due diligence he would have been aware of the following. First, I provided phone records that show that Bank of America did not call us and talk to us on the number that they claimed verified the transactions. The only call that was made, was to report the fraud. Second, we reported the claim right after the transactions were made, well before the withdrawal made on XX/XX/XXXX, so of course we knew that fraud had occurred on our account, WE REPORTED IT. Third, there is absolutely no way that Bank of America 's chip cards could not be cloned, all of our cards were in our possession at the time and we were located in XXXX All of these transactions occurred in XXXX, the card was cloned and used to steal over $ XXXX. 

During my attempts to try and actual reach a competent investigator, I have been treated as if this was my fault entirely. Bank of America has not given me a shred of evidence that proves that this was not fraud, but yet my claim has been denied 4 times in the past 3 weeks. The most helpful person thus far, has been XXXX an Account XXXX in XXXX, who actually emailed XXXX 's supervisor with the above points that I have made. XXXX did absolutely no research on the claim and yet still denied it. It angers me that Bank of America can treat a customer of 11 years, with no history of any fraud on any account, like a nobody. {$16000.00}, may not be a lot of money in their eyes, but it is everything to my family and I. this process has gone on long enough, I am at the end of my road and tired of banks walking over people, just because they can. 
Here is a record of all interactions with Bank of America representatives : XXXX from Delaware XX/XX/2016 - Informed me that my claim had been denied because someone called in to BOA from the phone number on the account, and verified the transactions. Advised me that I could send in my phone records ( sent on XX/XX/XXXX ) and that would help with the reconsideration process. 
XXXX from XXXX XX/XX/2016 - Advised me that she had placed a note on my claims for an investigator to call me, and discuss the issues that I had with denials. 
XXXX ( Investigator ) XX/XX/XXXX - Called me to discuss the claim from the beginning to the end. He advised me that he would be reaching out to target and trying to get some additional information about the transactions. I also informed him that I had faxed in the phone records the previous day and that would disprove the denial that is based on BOA speaking to someone about the account. XXXX also advised me that he would be calling me back by the EOD Friday if he could, but if not, he would call by the EOD on Tuesday XX/XX/2016 ( Monday was a holiday ). XXXX did not call me back at all. He went on to deny my claims on that same day that he spoke with me, not even bothering to look at the phone records. XXXX has escalated.

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