Consumer complaint received 2017-08-15
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: VA
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:
XX/XX/XXXX Bank of America Dispute Resolution Services Claim number # XXXX To CFPB I have some major concerns regarding the review and/or investigation conducted by Bank of America because a decision was made to close the claim based on evidence that you received from XXXX XXXX XXXX and not the consumer. The claim was filed XX/XX/XXXX and I received a temporary credit of {$4600.00} was applied on XX/XX/XXXX and again on XX/XX/XXXX. Im requesting additional investigating and in regard to resolving error of an unauthorized credit withdrawal from my checking account. I have made several attempts to resolve this claim, however Bank of America indicated that they are siding with the merchant. I have provided documentation to show that the party in question should be held accountable for taking advantage of my family and me. XXXX XXXX falsified the following allegations that should have been investigated by Bank of America. The merchant submitted altered evidence that you are accepting as proof of wrongful doing. These facts should have been taken into consideration for the reasons listed below : A. The letter dated XX/XX/XXXX states that I provided information to your department to be reviewed by someone in dispute department, however the letter stated that have tried to work with the merchant to get the funds back, but all options have failed. I called Bank of America on XX/XX/XXXX to inform them that they accepted alter documents and I provided some documentation including the official contract showing that I did not give them authorization to withdraw funds from my account. I indicated that I thought my funds were insured by FDIC and I was a victim of fraudulent activity. The representative stated that I would have to hire an Attorney to get my money back from the merchant. B. The letter dated XX/XX/XXXX and XX/XX/XXXX states that the temporary credit for {$4600.00} would be reversed based on evidence that you received from XXXX XXXX that were altered and changed. Two transactions were withheld from my checking account of {$950.00} and {$4600.00}. I gave authorization for {$950.00}, but I did not give authorization for XXXX to withdraw {$4600.00} from my checking account. C. I did not give XXXX XXXX permission to process charges on my debit card under the Electronic Funds Transfer Act. Therefore, this was an unauthorized purchase initiated by XXXX XXXX " without actual authority to initiate such transfer. '' During a review of our Reg E dispute process handling failed and is in violation within the 45 day period. D. XXXX informed us that they would pack our furniture on XX/XX/XXXX and delivery the furniture to our new home on XX/XX/XXXX ; however after the first day of the move, the company threatens to keep our furniture unless we paid additional money to get our furniture delivery at the date that was agreed in the contract. Prior to filing the complaint, I have filed a police report and a complaint with the Department of Transportation because I didnt agree to pay additional funds. E. The claim was filed on XX/XX/XXXX and resolved on XX/XX/XXXX, but my acknowledgement letter states that the investigation would take 45 days to complete which this dispute is violation of Regulation E. The letter was sent to the Merchant on XX/XX/XXXX which delayed the completion of the investigation. The bank should have investigated the unauthorized debit card charges within 10 days of receiving notification from me. XX/XX/XXXX has determined to reclaim the money without a full investigation. F. The letter dated XX/XX/XXXX states that the charges were approved by the customer ; however I never agreed or signed any documents giving XXXX XXXX authorization to withdraw {$4500.00} from my checking account. I did agree to pay the down payment of {$950.00} and XXXX XXXX withdrew more money out of my checking account without my authorization. Im providing several emails from XXXX XXXX requesting my authorization to use my debit/credit card that is still requesting currently. G. The letter dated XX/XX/XXXX is not the contract that I agreed upon and Im including a copy of the original contract that I agree upon with XXXX XXXX. The contract that you received from XXXX XXXX has been altered such as the total charges based on the prior estimate, the first line of the amount, the total estimated charges, and the shipper/agent/representative date has been altered, this is not my signature and I did not sign this document. H. The 2nd page of the bill of lading contract is a falsified document because I did not sign this document, nor did I agree to the amounts listed on this contract. I. The email document has also been altered because I didnt send an email or forward an email to XXXX agreeing to any of the terms listed within the contract that you received from XXXX XXXX. Also, has anyone noticed that some of the information has be redacted and written all over by someone at XXXX XXXX XXXX XXXX invoice is falsified document and the information was forged by the company because I did not agree in writing or verbally to pay {$15000.00} to this company, however I did agree to pay {$9500.00} to XXXX XXXX. K. Im not sure why you accepted the explanation from XXXX XXXX stating that services were handled at 100 % because I tried to resolve my dispute before filing a dispute, but the company would not apply a credit to my bank account. I have filed two police reports and filed a claim to the XXXX XXXX XXXX showing that we were taken advantage by XXXX XXXX XXXX and they should be held accountable and reported for the falsified information that they have submitted to your dispute department. There were unauthorized charges made with my debit card against my bank account and I shouldnt be held liable. Once the documents were reviewed that you received from XXXX as evidence ( Did you question why the amounts and dates were altered? Did you validate the signatures on the documents? Did you request documents from the consumer? Did you review the date the complaint was filed and verify if you were in compliance of Regulation E, and UDAPP? Did you verify consents in writing for credit card charges used with for the debit transactions against my bank account? I plan to file complaints against Bank of America to the following : Federal Trade Commission Consumer Financial Protection Bureau Another police report A complaint with Bank of America Remove all my funds from accounts at Bank of America File and disclose reputational risk Please do not violate Regulation E and Unfair Deceptive Acts and Practice ( UDAAP ) and keep the credit of {$4600.00} permanently. If you have any additional questions, please contact me at ( XXXX ) XXXX. I was under impression that my money insured by FDIC.

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