Consumer complaint received 2019-07-01
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
I immediately filed a fraud claim with Bank of America on XX/XX/XXXX for unauthorized checking account activity totaling {$350.00}. I was given a temporary credit while they investigated as in previous times. I have been a customer for 14 years, and over the past few years, BOA has notified me 1-2 times yearly of fraudulent activity, and sent a new debit card. This time I discovered the fraud and notified them. 
The activity was 2 charges : a " XXXX XXXX '' and XXXX . Since I have a history with XXXX, BOA said they denied my entire claim in XX/XX/XXXX. It was a {$65.00} XXXX XXXX  charge ( I've never shopped at XXXX XXXX ) and a {$280.00} " XXXX XXXX ''. There was a 3rd charge from XXXX that was not approved. I submitted supports on XX/XX/XXXX via fax, and outlined that " XXXXXXXX XXXX XXXX' was not a legitimate XXXX purchase, and provided supports from my XXXX accounts. I also broke down that I had XXXX XXXX transactions in my checking account, and they all contain the exact same info : the words " INST XFER '', a XXXX ID number, and my name. 

The " XXXX XXXX '' transaction reads exactly : XXXX XXXX XX/XX/XXXX PURCHASE XXXX CA I questioned how they denied the XXXXXXXX XXXX  charge when I've never shopped there. I requested that they continue their investigation and reconsider. In XXXX, BOA called me regarding a fraudulent XXXX charge, and would be sending a replacement card. I stayed on the phone with the representative so that she could unlock my card to allow me to purchase a tank of gas. I regularly shop at XXXX, and they had no issue taking care of the unauthorized charge. 

With this current issue, 35 days later on XX/XX/XXXX, the BOA message center still read the claim unable to be paid, so I called in. The Tennessee rep said they received my fax, were re- reviewing, and could take up to another 45 days. I wouldnt be able to close the account since the claim was still under investigation. After I got off the phone I noticed the BOA message center had been updated to " Researching Claim - your information was received & we are reviewing ''. No one had touched the claim from XX/XX/XXXX to XX/XX/XXXX until I called in. I waited another 45 days, and called in on XX/XX/XXXX. The BOA message center status was still " Researching Claim - your information was received & we are reviewing ''. I spoke with another rep from Tennessee who advised there were no notes on the claim, but that he was " filing a complaint '' on my behalf because it was the 45th day, and they technically have until the end of the business day. 

He said it could take up to another 10 business days  for them to review. I explained that was unacceptable since it was evident they werent resolving the claim except when I called in. He provided no additional information. I called XXXX XXXX and explained the issue, and that I was not a XXXXXXXX XXXX customer. I provided the debit card number was used for the fraudulent transaction, of which they located the order, but was not able to release the shipping address. The XXXX rep confirmed the address was not my mailing address ( I asked if he could confirm with a yes or no if it was the same if I provided my address ). He also confirmed the shipping address was not even in my state. He told me to call my bank to report the issue ( I said Id already done that ), and he would escalate the issue to their recovery team. I called BOA back at the end of the 45th day, and the claim was again denied. I was informed via automation that I would receive a letter in the mail.

My claim was not properly researched by this Fraud Department. They did not work on my claim except for when I inquired on two specific days. The original  explanation of denial is inconsistent and not based on the evidence. Conveniently, the 45th day, the claim was resolved within hours, which was obviously rushed.

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