Consumer complaint received 2020-01-14
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
On XX/XX/XXXX I was notified by a text sent from BOA that there was suspicious activity on my checking account. I went down in person to freeze my atm card and get a new one and checked off all the charges that were not made by myself and reported them as fraudulent and according to BOA was to be credited back to my account and investigated by the fraud department. When I suggested calling the police department the representative told me that was not necessary that the fraud department would handle it. I was not confident with that and reported it to the police department anyways for reassurance, the same day and was informed to bring the investigation findings down when completed. 

On XX/XX/XXXX my account was credited {$22.00}, {$69.00}, {$59.00} along with a letter explaining this was a temporary credit while being investigated. On XXXX XXXX, XXXX I received a letter explaining that {$92.00} had been resolved in my favor and that the temporary credit was now permanent and case closed. On XX/XX/XXXX I received another letter from BOA stating they had completed their research and closed the claim and would be removing {$75.00} on XX/XX/XXXX, because they found the questionable activity to be correct and posted. The following list of communications between BOA and myself disagreeing with their findings. 

XX/XX/XXXX XXXX/Employee id # XXXX : Spoke to XXXX disagreeing with their findings and asking how half were found to be fraudulent and the other half were not. She could not explain and was to have a supervisor call me back asap. I explained there was not enough money in my account for the XXXX to removed so quickly with barely any notice and how I was confident the supervisor would reverse this, so she extended the date to XX/XX/XXXX giving me time to resolve this. 
XX/XX/XXXX {$75.00} was removed from my account causing an overdraft even after confirmed it would not be charged. 
XX/XX/XXXX Spoke to XXXX/Supervisor of the research Department explaining the situation and asking why was my account debited on XX/XX/XXXX instead of XX/XX/XXXX as promised the day before. She looked it up on the computer and said Oops! The representative put the date in incorrectly as XX/XX/XXXX instead of XX/XX/XXXX. When asked to please fix this, I was she told no she could not sorry! Again I asked for a supervisor to call that could explain this in full. 
XX/XX/XXXX Deposit made in the amount of {$140.00} to correct the overdraft by my family. 
XX/XX/XXXX ( Saturday ) @ XXXX XXXX a notification came through from BOA stating {$100.00} was removed from my account stating it was Debit/Hold once again, causing another overdraft. 
XX/XX/XXXX Talked to XXXX/Supervisor/Employee No. XXXX Frustrated I asked where did this latest debit come from? What does debit hold mean? He could not explain, it was not entered in the computer, I asked how could that be? You can you just remove my money without a reason or charge? Explained the situation, again and informed him no supervisor has called back and how I had fired my state-appointed provider because of what BOA had said and since she was the only one that my card but, it was becoming evident that I may have made multiple mistakes with various version and seem to be very inefficient and deceptive. He informed me to get a police report number and that would be sufficient to overturn their decision. 
XX/XX/XXXX XXXX Police Department/Officer XXXX XXXX took down the information and was gave copies of my statements pointing out the unauthorized charges and was given report # XXXX. He explained he would do the investigation for sure but, the one thing making it difficult would be the time that had prolonged from XXXX to XXXX diminishing the chances of any video being made available proving who made these charges. Even the police officer had a hard time understanding these transactions that made no sense and had no detail. Against the bank 's advice, I was grateful that I did reach out to the police department back in XXXX due to the whole point being that I DID NOT MAKE THESE CHARGES and I knew that cameras are just about everywhere and I wanted proof before pointing fingers at anyone. But under the false belief that BOA was actually doing an investigation so they had to be right, I fired a government  employee in what seems now to be a mistake. 

XX/XX/XXXX BOA/XXXX/Employee Number XXXXSupervisor - Gave her the requested police report number and informed her that I have yet to get a return call from a supervisor and asked that now that they have the requested information that they please reverse the debits as promised and an investigation really be completed since there has been no apparent one done and yet to be produced. She explained that nothing would be reversed until an investigation was completed and it would take 10 business days. When I asked why all the different stories and I raised my voice because of all the different stories I have been given, questionable amounts of money being removed and how this all started with an employee error on her months and how unprofessional BOA is and demanded once again a copy of this so-called investigation they did, taking three months to complete yet I can not seem to get an explanation let alone a copy of this investigation which I believe to be fabricated. 
XX/XX/XXXX Deposit made {$140.00} by my family to correct this wrongful overdraft. 
XX/XX/XXXX - BOAXXXXArizona Office was informed that the information given to me by XXXX on XX/XX/XXXX was incorrect. There was nothing commented or any notations on my account by any employees since XX/XX/XXXX when it was filed with the escalation department. Per XXXX they have 24 hours to 10 days to respond, 6 business days had already passed so far and the following day they would be closed for XXXX. This left me and my daughter with {$20.00} to buy dinner. 
XX/XX/XXXX Filed a complaint with the Office of Comptroller Currency since I could not get an honest answer from BOA for nothing. 
XX/XX/XXXX Received a letter stating this would be sent over to the Consumer Financial Protection Bureau XX/XX/XXXX Was contacted by XXXX XXXX stating that she would be investigating this claim and hoped to have a resolution by XX/XX/XXXX. I explained that due to the short time allotment given when filing a complaint ( I had been cut off 4 times ) I could barely get any facts in, dates, employee numbers, police report numbers, and situations but that I had everything and where should I send it? She told me not to worry about it, she would get ahold of me if needed. I pressed the issue due to the conflicting explanations given and how much detail had to be left out due to the time limit again, she said she would let me know. She called me one time stating she was still investigating and would let me know by the XXXX. 
XX/XX/XXXX Left a message again for XXXX due to XXXX now coming up and still no resolution leaving my family in financial hardship through another holiday. 

XX/XX/XXXX SPOKE TO XXXX @ CFPB explained this whole situation and how wrong it is and has become unconscionable especially since my provider was terminated for evident illegitimate reasons. XXXX was the sole person who took the time to explain this mess and, on her suggestion, I am re-submitting this complaint in full detail.

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