Consumer complaint received 2021-06-13
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Credit card or prepaid card
Sub-product: Government benefit card
Issue: Problem with a purchase or transfer
Sub-issue: Charged for a purchase or transfer you did not make with the card

Complaint:
I am a victim of identity theft. I have filed claims with both the Federal Trade Commission and Identity Theft.gov. 

On Tuesday, XXXX XX/XX/XXXX an unknown subject impersonating me made the first of three unauthorized and fraudulent transfers to an unknown linked account at another bank from my Bank of America debit card account. Not only did Bank of America Bank fail to detect this fraud but the Bank failed to protect my account even after I reported the first incident less than 24 hours after it occurred. Instead of shutting down the fraudulent account where my money was being transferred, the Bank simply reissued the debit card account. This happened not once, but two times before the linked fraudulent account was detected. This delay allowed additional transfers to continue to the unknown bank and linked account ( of which I have yet to receive requested information on where this money was credited ). The total amount of the three transfers is {$10000.00}. After numerous calls to the claim department my claims were denied for " suspicious activity. '' On or about XX/XX/XXXX my account was frozen. My records indicate my balance should be {$14000.00}. 

I am frustrated with this whole ordeal. The entire claims process is nearly impossible to navigate. I have made numerous phone calls spending hours on the phone with no results. Furthermore, why does Bank of America continue to close claims and reopen claims under new claim numbers? I received a notice that a new claim is required without any explanation. Why was a new claim required? It appears as though Bank of America is purposefully closing and reassigning new claim numbers. By layering claims upon claims it makes it very difficult to track back to the original date thus disguising the length of time it is taking to resolve these claims. 

To date, I have not received any follow-up information relating to my claims nor have I received any of the requested documentation relating to any decisions made. My EDD Debit card account remains frozen. 

I have allowed extra time for Bank of America to resolve this issue because the news media continues to report widespread fraud issues with Bank of America/EDD Debit card program. I can not wait any longer. 

On XXXX XX/XX/XXXX, I sent a certified letter to Bank of America requesting my account be unfrozen and the fraudulent transfers be paid to me. It's been 27 days and I have not had a response from the Bank. As evidence I included the following documentation : - Copy of my California Drivers License - Cell Phone Call Log ( showing numerous calls made to Bank ) - Copies of all receipts of claims ( showing the changes in case numbers ) - Debit card transaction activity ( up to the date my account was frozen ) Bank of America records should corroborate ( 1 ) Telephone records of my phone calls will show each agent failed to detect and shutdown the fraudulent account linked to my debit card. The one agent who did detect the fraudulent account makes comments that the other agents should have detected this fraudulent account sooner. 
( 2 ) Cyber records will show that since my account opened in XXXX of XXXX, I have only accessed the account online from two places : my cell phone and my home computer. I I requested this information from the banks investigation. I asked for the documentation of the cyber information coinciding with the date and time stamp, IP address and device ID used at the time this fraudulent account was linked to my EDD Debit Card and again at the time each transfer was made. I requested the name of the bank, routing and account number where these funds were credited.

This evidence will corroborate that my IP address and the device id does not match my cell phone or my home computer. 
I have not received any of this information nor has Bank responded to my letter.

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