Consumer complaint received 2019-02-26
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: VA
Product: Checking or savings account
Sub-product: Savings account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
On the morning of XX/XX/XXXX, I found {$7500.00} had been withdrawn from my savings account from a branch in New Jersey. On XX/XX/XXXX, I had received text messages that included a 6 digit authorization code, and the message included " If you didn't request this code, call XXXX for assistance. '' I immediately called to inquire about the text and was reassured by the agent that they found no abnormal actions. The agent went verified my address was up to date, no new bank cards had been requested, and my person information was still accurate. The agent then explained to me that the authorization codes are computer generated, and may have inadvertently been sent to me and to ignore it. 

On the morning of XX/XX/XXXX, I logged into my mobile banking app and found my savings account had a {$7500.00} teller withdraw posted to the account. I immediately called Bank of America and opened a check fraud investigation. After providing all details, I then called XXXX County Police Department and opened a police report for identify theft. I provided this case number to BoA. I called XXXX and reported myself as a identify theft victim. 

The XXXX of XX/XX/XXXX, my wife and I left work early and went to our local BoA branch to close our old accounts, and reopen new accounts. 

Not 30 days later, we were once again victimized, this time the individual was in Texas and was able to withdraw {$18000.00}. {$300.00} atm withdraw, ( 2 ) {$6500.00} withdraws from different locations, and another {$5000.00} withdraw from the new savings and {$300.00} from checking account. 

Once again this occurred just after XXXX on a Friday. We immediately called BoA to start another investigation, I called XXXX to open another police report, and that XXXX  we froze our savings and checking account that had been hit. 

At this point I signed up for XXXX XXXX and initialized transaction alerts on all bank accounts and bank cards. 

I called weekly looking for updates on the investigations. The original fraud in XXXX never has updates, and only had records of my previous attempts asking for updates. The XXXX fraud investigation however had lots of updates. Surveillance footage requests, transaction id requests, etc ... .... 

BoA provided us temporary credits for both cases, totaling over {$25000.00}. 

Last Monday I received a call from check fraud asking me to call in regarding important updates to my open investigations. When I called back I was directed to call back on Tuesday as Monday was a Holiday. 

On Tuesday I spoke with a women who gave us amazing news, all our investigations has been completed and all temporary credits were now considered permanent. She said they were able to verify the same individual who hit my account in NJ, had also hit my account in TX. They verified he had used a drivers license to confirm my identify. The agent informed me that the likely scenario was, the individual would visit the bank and speak with desk side support asking for a temporary debit card. At which point they could program a PIN number for him. He would then have complete access to all my accounts. 

On Friday, I went to my local branch to close out my remaining accounts. After a few moments the desk side support analyst informed me they would not be able to close my accounts and provide a cashiers check as my account was still flagged. 

After speaking with a check fraud analyst for over an hour trying to resolve the issue, I was informed my original fraud investigation for {$7500.00} was being reversed, and was denied for the following reason. PIN used, believe to be customer initiated. 

I was speechless. I was already told they confirmed what they needed to, and are now denying my claim. My family is at a loss and I am unsure of how to proceed. Any support would be appreciated. I believe BoA has all the facts they need to approve the 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