Consumer complaint received 2022-09-25
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement
Sub-issue: Card was charged for something you did not purchase with the card

Complaint:
See attached document " CFPB Claim XXXX Final '' Synopsis On XXXX, XXXX XXXX and again XX/XX/XXXX, as a matter of fact, our nanny stole both my wifes credit and debit cards, and as it pertains to this letter, my credit card. Here is the photographic evidence. The same photographic evidence I showed her when I fired her to her face with no dispute, and my neighbors as my witnesses. 

This has been an awful and horrifying experience. 

That said, dealing with Bank of America has made it that much worse for me and my family. 

I have gone back and forth with all the evidence you needed. 
The photos via fax. 
A police report of the second incident. 
A detective investigating the incident. Note living in XXXX XXXX, the DA is very reluctant to press charges because of leniency on crime ( this is well documented in the media ) Re-sending the fax after it wasnt received. 
Going into a B of A to talk to someone who after a call claimed the reason I was on the hook for payment was I stated I had credit card in my possession. 

On that point, the line B of A kept going back to was I had my credit card in my possession. The truth was, on the first theft, card number ending in XXXX, I did. Because you sent you two versions. You sent me one without asking XX/XX/XXXX. The other one was stolen. This was explained at least twice over the phone to a representative. See the email below. I had two versions of the card.

One with touch features, the other did not. I had one version ( actually still have it ) The other was stolen. 

The first time she stole itmy assumption was cyber fraud. There were a lot of reports in the media about it at the time. 


It wasnt until I got a note from you a few weeks later, on XXXX that I found out it was an in-person transition into a Target I never set foot in. 

A couple days later, it would happen again. But not only did it happen to me, it happened to my wife. See below the XXXX XXXX purchase matching a pattern of stolen gift cards. 


The second time it happened, we caught the women red-handed. I did not have possession of the card. I called at XXXX XXXX after I recognized I didnt have it, and while I called she had indeed stolen it. 

Attached is photographic evidence. Heres the alternative charge that I made. Also, heres photos I took at the game, timestamped. If you KNOW ANYTHING ABOUT XXXX XXXX, you know its virtually impossible to get from XXXX XXXX  to XXXX XXXX in the time. 


At minimum, see this photo. There is a time stamp, a receipt, and her on camera with the card showing. Clearly, its not me, and its charged to my credit card. Its indisputable. 


On the XXXX charges the next day I went to XXXX, and it was confirmed by the manager that my former nanny used my card to buy XXXX gift cards. XXXX has a policy they wont let customers look at surveillance videos. Noting that : given the volume of increments that match stolen gift cards, its clear that these are consistent with the prior charges.

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