Consumer complaint received 2020-01-13
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Money transfer, virtual currency, or money service
Sub-product: Domestic (US) money transfer
Issue: Fraud or scam

Complaint:
Re : Unauthorized XXXX transfer of {$800.00} from my Bank of America Checking Account NoXXXX on XX/XX/XXXX. Contacted Bank of America Fraud Dept within 30 mins of knowing the scam and Filed Fraud Complaint, Filed Police report within 12 hrs, send supporting documents to BOFA. But Bank denied my claim on XX/XX/XXXX On XX/XX/XXXX hacker ( s ) took control of my XXXX XXXX phone line using a method that I have now learned to be SIM SWAP. My phone had no network connectionand had no access to my SMS messages from XXXX to XXXX PST on XX/XX/XXXX. They used their access to my phone line ( and therefore phone number XXXX ) to change my Bank of America password through text verification. They also created a new phone line ( # XXXX ) which was the same number that money was fraudulently transferred to using XXXX to an unknown person by the name of XXXX XXXX. I was not even aware of what XXXX is until this happened and never used XXXX transfer before. The device used to do this transaction was NOT mine as I had no cellular connection on my device during these transactions since my phone line itself was HACKED. BOFA representive Mr. XXXX told me, device used was an unknown device - a XXXX XXXX XXXX XXXX 

On XX/XX/XXXX while I was in XXXX XXXX, California, I observed that my phone had no network connection. As a result, I was unable to receive any SMSmessagesand also emails. I became suspicious and connected to my daughters personal hot spot to connect to the internet. Then I saw the following email alerts in my inbox from BofA : a ) Security Alert ADV PLUS BANKING ending in XXXX. Your Online Banking Passcode was reset b ) Recipient Added. You've added XXXX, XXXX XXXX. Send money. If you didn't add this recipient, please contact us b ) You have added XXXX, XXXX on XXXX c ) Hi, XXXX , thanks for letting us know about your upcoming travel plans You told us you're traveling and may be using the following cards.Debit/ATM card ending in XXXX. Bank of America Cash Rewards Visa Platinum Plus ending in XXXX Bank of America Travel d ) XX/XX/XXXX at XXXX XXXX Bank of America.Transfers. You sent {$800.00} to XXXX, XXXX sent from account ending in XXXX to XXXX. View balance.Confirmation : XXXX. If you didn't make this transaction, please contact us. 

After receiving these emails for actions thatI had not authorized, I immediately used my daughter 's phone ( XXXX ) to call the BofA Fraud dept atXXXX XXXX  PST on XX/XX/XXXX and filed a Fraud complaint # XXXX. Spoke with Bank of America Rep Mr. XXXX for 85 mins and he noted detail of the incident. Mr XXXX told me, device used was an unknown device - a XXXX XXXX XXXX XXXX.My phone is XXXX XXXX. After filing the Fraud complaint I went to a XXXX store and bought a new Sim card to activate my phone again. At the store I was told by a XXXX  sales representative that theexistingSim Card that was on my phone was deactivatedremotely by the hacker, making my phone out of service during the period when the fraudulent transaction took place on my Bank account, Within 12 hrs filed Police report on XX/XX/XXXX with XXXX Police Dept. Report # XXXX. 

Unfortunately Bank of America DENIED MY CLAIM ON XX/XX/XXXX STATING FOLLOWING REASONS : 1 )  transaction in question was validated using an authentication code sent to a valid phone number belonging to a signer on the account. 
2 ) the transaction in question was completed using a device that is consistent with previous valid account activity. 

BofA jumped to the conclusion and blamed me as if I have done this transaction without even reading statement that I narrated to Mr. XXXX at XXXX PST on XX/XX/XXXX with 85 mins phone call. Investigator concluded investigation without properly reviewing my claim, without making any phone contact with me and without examining IP address, Device IMEI number, Device and Cell tower location, Digital footprints that were left by the Hacker for those illegal  transactions. 

That same day attempt was made to hack my XXXX mail account also and as per email from XXXX I find out that sign in attempt was on XX/XX/XXXX, XXXX XXXX  PST from XXXX XXXX XXXX,, location Florida, IP address XXXX. I am providing this info to locate the hacker. 

On XX/XX/XXXX I have sent 12 pages Fax to Bank of America OnLine Banking Fraud Dept with supporting documents. BUT BANK STILL DENIES ISSUING ME PROVISIONAL CREDIT OF {$800.00} that was transferred illegally from my checking account via XXXX transfer. I am a senior, Social security recipient and banking with Bank of America since XXXX. 

Document attached : 1 ) Police Report 2 ) Bank of America Denial letter of XX/XX/XXXX 3 ) Account activity reports from my cell phone carrier XXXX XXXX showing Sim Card swap, Device IMEI change and new Tel number XXXX creation on my account by hacker for XXXX transfer. 
4 ) New SIM Card purchase receipt on XX/XX/XXXX from a XXXX  XXXX store at XXXX XXXX, CA to activate my phone after hacker SIM SWAPPED my phone remotely. 
5 ) My XXXX XXXX identification info 6 ) My XXXX mail account and possible IP address and Digital info used by hacker to hack bank of America account and transfer money through XXXX XXXX.

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