Consumer complaint received 2022-12-02
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NV
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/2022 it was brought to my attention that someone had taken {$1000.00} out of my Bank of America checking account on XX/XX/2022. I tried calling the bank on the XXXX while being at the hospital with my grandmother who was receiving XXXX XXXX. Later that evening I had received a call from the Bank of America number and had answered. I was being told that there was fraud on my account for the exact amounts that were being shown and that it had to do with my XXXX account. In the middle of the conversation I had questioned the call a little so I looked up Bank of America 's phone number to make sure it was actually them, to find out it was their exact phone number. So like any other bank member would do I proceeded with what the " bank costumer service agent '' was telling me to do. At the end of the phone call I had been told I would receive a phone call at an exact time the next day to make sure the refund of the money being taken was given back and to make sure no other fraud was on my account. In which I had received a phone call at the exact time that I was told and had been told that I am going to get the money back in the next couple days and to watch my account to show the money had been refunded. So while I was in the hospital with my grandmother, I had waited a day before my mom had brought to my attention that my sister ( who also banks with Bank of America XXXX had gotten an email from the bank about XXXX Fraud. This email they stated went to everyone they banked with, yet my mom, my little sister, and I all bank with Bank of America and only my older sister had gotten the email, after the fraud had already been committed. This made me question the interaction I had with the bank and XXXX because it sounded very similar. After I read this email I decided to call the bank that night XXXX XXXX, 2022. The guy I talked to talked to me like I was stupid and that I should have known the girl on the phone who I first talked to was not with Bank of America, even though she very much sounded like she was. He had told me that he could start a claim for me and that the money would return to my account in 10-14 days. I watched my account for XXXX weeks and had not received a phone call or email and still saw nothing on my account so I called back. The next guy I talked to had told me that the first guy had never submitted a claim a claim only had written a complain on my account. So then this guy said he would open a claim for the issue and that I would receive the money in 3-5 days. During this phone call I had to also open multiple claims about many other fraud chargers on my account from many other vendors including ones who were international for all random charges from {$0.00} to {$55.00}. For the next couple days I was watching my account to see if the money would be returned and yet it still had not been. For the third time I call Bank of America, and a I am now talking to a girl who tells me that the very first guy I had talked to had actually opened a claim and that it did not go through because the bank had looked at it as a scam or an " Authorized Transaction '' rather then fraud. I had brought up to the bank on the XXXX call the fact that what was occurring on my account and with XXXX had went against Regulation E which, authorized under the EFTA, protects consumers when they transfer funds electronically, which Bank of America has grossly failed to do. They had told me that it did not and that they were going to reach out to the XXXX banks that the money was transferred into and see if they would refund the money, which they said would take up to 45 business days. After about 28 days ( thinking it had been the full 45 days ) I had called to see the status of my case in which they told us that they do not count weekends or holidays and that nothing had yet to be figured out and they could not do anything for me. A couple days before XXXX I had received a letter stating that I would not be able to get my {$4500.00} back. In which I do not think this is fair because overall it was fraud since I did not willingly or knowingly get talked into transferring money in return for anything ( product, goods, etc. ). I was told by what I had believed to be a bank employee that I had to transfer the money. Even before this situation I had been having issues with fraud since I went to California in XXXX of 2022 in which I had a huge amounts of fraud charges similar to this one that I ended up getting back with no problem or question. Since that trip to California, Bank of America has not protected my account at all or helped me in any way even though I have had multiple charges of fraud.

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