Consumer complaint received 2021-03-10
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: AZ
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
Someone withdrew XXXX XXXX dollars from my bank account using a fake or duplicated debit card ( as told to me by the bank on XX/XX/XXXX ) I believe they were able to steal the card information from the atm at a circle k located on XXXX XXXX XXXX XXXX XXXX In XXXX, Az as It is right up the street from the Bank of America atm they used to access the money. The location of the fraudulent transaction was also told to me by the same Bank of America staff member on XX/XX/XXXX. ( And why cant they access the camera on their own atm to confirm that it is not me making the withdrawal? ) I made a transaction minutes before and minutes after the fraudulent withdrawal and both were made way across town in XXXX XXXX where I live. Further evidence I couldnt have been the one that made the withdrawal. I made 2 purchases in north Phoenix/Scottsdale about 30 minutes apart. The fraudulent atm withdrawal was made in between those 2 transactions way across town : I made a purchase at XXXX in XXXX XXXX, then I would have had to have driven all the way to XXXX XXXX to make the withdrawal, then driven all the way back to XXXX XXXX and XXXX in XXXX XXXX in time to make the purchase at XXXX. Theres no way I couldve driven all that way with-in a half an hour. The fraudulent withdrawal happened on XX/XX/XXXX. Someone withdrew XXXX XXXX dollars from my account ( my rent was due on the XXXX of XXXX. So, I was delinquent In paying and was terrified I was going to be evicted ). Im not sure when my debit card information was stolen but it would have had to be sometime after XX/XX/XXXX because that is when I used the atm in XXXX at XXXX XXXX  on XXXX XXXX and XXXX. That is the only time I can recall ever using my debit card in the area. I reported the fraudulent withdrawal to the bank as soon as I realized the money was gone which was 2 days later on the morning of XX/XX/XXXX. I was told by the bank staff member that she could cancel the card so there werent anymore unauthorized transactions but since it was Sunday I would have to call back on Monday to report the fraudulent charge to the claims department which was closed on Sundays. I did call the claims department to report it the next day, XXXX, XX/XX/XXXX. I wasvthen told I would receive a packet in the mail that I must fill out within 10 days and return. I never received the packet. Instead I received a letter stating the claim had been closed due to fraud. I misunderstood the letter and believed that it meant they did indeed confirm the charge to be fraudulent and would be crediting my account the {$800.00} that was stolen. But after waiting 14 days ( because I was originally told it could take 15-45 days for them to investigate and finalize the claim ) I grew concerned and called the bank to go over the letter. I was then told only a manager was authorized to speak to me about my claim. I asked to be transferred to a manager and was told I would just have to call back so I instead left my contact information and a message to please give me a call back and that it was an important matter. I also tried to call at least twice more but was still unable to reach the manager due to be disconnected and I never received a call back from anyone. Also, When the card was marked as stolen ( on XX/XX/XXXX ) I lost access to the account and the rest of the money still in it. I was told they issued me a new card and when I received it I would be able to access my money but this was not true. The new debit card is not able to be activated so my money XXXX about {$75.00} XXXX and the account are still frozen and I can not access them. I went to Bank of America on XXXX and XXXX XXXX and was told they had nothing to do with the account other than printing the card and are not able to access it either. I called XXXX and they told me to call the number on the back of the card, which I did ( it was the Bank of America numbers for the claims department and to report fraud that I had already been speaking to ) I also went to the circle k on XXXX and XXXX to see if I could gather any information and let them know their atm may have been tampered with but coincidentally they had replaced the atm either on the XXXX of XXXX ( the same day of the fraudulent charge ) or a day or two before. They declined to give me any info about the old atm company or its where abouts. They seemed uninterested in talking to me and declined my requests for any info including a phone number I could use to contact the owner or operator of the atm. After reading on your site about what to do in this situation I followed the recommendations and filed a police report. As of today, XX/XX/2021, Bank of America still refuses to refund any of the {$800.00} From the fraudulent withdrawal that occurred XX/XX/XXXX and they still have a freeze on the account and the rest of my money that was left in it with no way to access it. Im unable to withdraw it, transfer it to another account, or activate the new debit card for use. I dont know what to do. I was only able to pay a partial rent payment XX/XX/XXXX, so I incurred late charges and had to borrow {$300.00} from a family member just so I didnt get evicted. Now here it is almost the middle of XXXX and my other bills ( including the Loan from my family member ) are falling behind because I still havent gotten my money back. Ive tried calling the bank, XXXX, circle k, and the police. Ive tried going to the bank to speak to someone face to face. Ive left messages and tried waiting on hold to speak to the proper person. Ive reported it to the bank, the az des, the police, and to the circle k where I used my debit card at the atm in XXXX near where the fraudulent withdrawal was made. And I have multiple documents to add to this claim.

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 monetary relief