Consumer complaint received 2016-07-13
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NV
Product: Bank account or service
Sub-product: Checking account
Issue: Making/receiving payments, sending money

Complaint:
On XXXX XXXX, 2016, a check was FRAUDULENTLY issued by the Bank of America Bill Payer check # XXXX to XXXX XXXX for {$30000.00} from my BOA XXXX, the XXXX XXXX XXXX Living Trust Account, of which I am the Trustee. This Bill Payer check was mailed to : XXXX XXXX XXXX XXXX, XXXX, FL XXXX, a XXXX XXXX XXXX and was deposited on XXXX XXXX, 2016. 

The Bank of America only notified me via US MAIL ( ltr dtd XXXX XXXX, 2016 ; received on XXXX XXXX, 2016 ) to contact their Fraud Department regarding online banking activities. I contacted them immediately upon receipt of the letter on XXXX XXXX, 2016. 

According to the BOA Fraud Department, someone gained access to my online profile, despite anti-virus and security software. All the contact information ( phone, # 's email, mail address ) was changed, then there were numerous attempts to make several large FRAUDULENT Bill Payer transactions. I repeatedly advised the BOA that ALL of this activity was FRAUDULENT ; and that I had been victimized by on-line ID theft. BOA was notified that NONE OF THESE WERE AUTHORIZED, nor do I have any knowledge of these people, or how this theft occurred. 

The BOA obviously suspected FRAUD on XXXX XXXX, 2016, yet failed to notify me in a timely and expeditious manner, such as email, phone calls or texts. Their failure to notify me immediately at my correct address, phone number and/or email resulted in this unusually large electronic transaction being completed without any opportunity to intervene with either the BOA or XXXX XXXX. 

On XXXX XXXX, 2016, five days after making contact with the BOA FRAUD Department, I received a letter from them via email, stating the case was closed ( ltr dtd XXXX/XXXX/2016 ). Incongruously, on XXXX XXXX, 2016, BOA issued a STOP Payment confirmation for this {$30000.00} check DUE TO FRAUD. However, this overdue action did nothing to stop the theft and did not return the funds. There is no record of any other attempts made by BOA to notify me via email, text or phone calls regarding this {$30000.00} FRAUD incident. 

On XXXX XXXX, 2016, I immediately re-contacted the BOA and vehemently disputed the BOA conclusion, which was " that the transaction was authorized since it had used the same IP address, same cookies, same device ''. I repeatedly, vigorously stated that I had not authorized the transaction, nor allowed anyone else to. The computer in question is physically located in my home ; and no one had any physical access to this computer other than myself on the dates on which the FRAUDULENT Bill Payer transactions occurred on XXXX XXXX and XXXX. Furthermore, there is no history of such an unusually large electronic transaction on this account. 

Starting on XXXX XXXX, 2016, when this was first discussed with the BOA, numerous BOA personnel repeatedly assured me that ALL funds would be returned since this was clearly FRAUD. 

In addition to the {$30000.00} FRAUDULENT Bill Payer Check that BOA mailed out, there were at least XXXX or XXXX other unusually large attempts according to BOA for fraudulent theft of funds totaling another $ XXXX- XXXX by XXXX XXXX and XXXX XXXX via Bill Payer on ay XXXX, 2016. I am unsure of the total amounts since BOA has failed to contact me in a full and timely manner. They have failed to return my phone calls, nor responded to certified mail, delivered on XXXX XXXX, 2016 ( signature confirmed ). BOA failed to communicate with me until I went into a branch office on XXXX XXXX. 

I filed a police report, notified the credit bureaus and filed an FTC ID theft Affidavit.

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