Consumer complaint received 2022-11-28
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: VA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Banking errors

Complaint:
XXXX XXXX - XXXX XXXX XXXX Case Number XXXX - XXXX XXXX XXXX XXXX XXXXXXXX Regulatory Complaints XXXX On XX/XX/XXXX, XXXX XXXX contacted me via mobile with a business referral. Please see attached Exhibit 1, confirming XXXX XXXXXXXX XXXX name and associated phone number. Please see in Exhibits 1-5 establishing XXXX XXXX involvement in the incident. 
- Exhibit 1 : confirms XXXXXXXX XXXX acknowledgement of referral - Exhibit 2 : confirms referral business name as " XXXX XXXXXXXX XXXX '' - Exhibit 3 : confirms business address, located at " XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX '' - Exhibits 4 & 5 : confirms considerations for client design The proposed design was accepted on XX/XX/XXXX, and I met with XXXX at a XXXX XXXX in XXXX XXXX ( approximately XXXX ) to pick up a check for the deposit required to start the design process ( Check Amount : {$8000.00} ). Please see Exhibit 6-7 confirming the incident. On the same day, I took the deposit check ( Exhibit 8 ) to Bank of America and instructed the Teller to cash the check first and subsequently to deposit it into my bank of america account. To my knowledge, I deposited a check which ( 1 ) was received for business purposes and ( 2 ) properly written with my XXXX name " XXXX XXXX '' as the payee. There was zero intention to fraud the bank from my end. 

On XX/XX/XXXX, I met with the owner XXXX XXXX XXXX XXXX XXXXXXXX XXXX  who approved the final design, and in exchange for business considerations Owner provided me a check for the remainder of his account balance, {$11000.00} ( please see Exhibit 9 ). Please see Exhibit 10 for a copy of our contract including a signature for XXXX XXXX, the received date of said {$11000.00} check, and XXXX ' acknowledgement of his full balance amount of {$19000.00}, which is inclusive of the {$8000.00} deposit check. Again, I had no intention to fraud the bank, as the deposited {$8000.00} ( to the best of my knowledge ) were for business purposes. 

At some point, XXXX XXXX initiated a claim for fraud, because as a result of his claim, on XX/XX/XXXX, the {$8000.00} was debited from my business account. Irrespective of the event, I completed the installation of XXXX ' design for XXXX XXXX XXXX on XX/XX/XXXX to fulfill my obligations to the client in good faith ( please see Exhibit 11 ). 

I am extremely disappointed by the handling of this matter by Bank of America, and how it was possibly concluded by Bank of America that this incident was in fact, 100 % fraudulent. I am hoping the information I've presented to you clarifies points that may have been previously neglected by your XXXX Team. 

I want to emphasize that I have absolutely no intention to XXXX Bank of America. Neither did I previously have any knowledge that XXXX XXXX would make this false claim with the bank. From my end : 1. I clearly defined my expected monetary consideration for the exchange of my design services in the provided contract ( please see Exhibit 8 ).

2. The business owner, XXXX XXXX, clearly agreed with our contractual considerations, as per his signature in the provided contract. 
3. XXXX XXXX clearly admitted the consideration of the exchanged {$8000.00} would be for the business purposes of " XXXX XXXX XXXX '' and delivered the funds to me as such. 
To XXXXXXXX XXXX action, I had no knowledge that he would alter his signature or otherwise manipulate this event in such a way where he could successfully devise a false fraud claim with Bank of America later to wrongfully retrace the funds back to his own account. I am a small-business owner, whose design is still installed and attached to the property of " XXXX XXXX XXXX, '' even though I have not been fully compensated to this day by the contractually agreed amount. I am kindly requesting that you help correct this issue. I can not and refuse to believe that Bank of America would allow a criminal, like XXXX, to completely manipulate the institution like this. I am a victim of a bad check.

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