Consumer complaint received 2023-09-08
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NY
Product: Money transfer, virtual currency, or money service
Sub-product: Domestic (US) money transfer
Issue: Fraud or scam

Complaint:
I received a text message yesterday that somebody was trying to send {$3500.00} from my account through XXXX I did not respond to that text message, but did call Bank of America due to high call volume. I was put on hold for quite some time then given the option to get a callback in queue while waiting for the call back I received a call that came up in my phone as my stored Bank of America legitimate main number, I answered expecting it to be the return phone call instead which I now know it was a scammer or hacker during that call. I received all the normal text messages from Bank of America. That would tell me when there was a problem in my alerts also asked to verify not giving personal information other than my name, and last XXXX of my debit card number as Bank of America verifies, anytime you call. Well on the phone with that gentleman who said he was from the fraud department I got a call waiting call from Bank of America again. I told the gentleman I was on with and he hung up and I answered, which was the actual callback that I was expecting, this came in about 20 to 30 minutes later during the time of the first call to the second call, it was found that the first caller was a scammer but knew everything the Bank of America what is that are done and was able to generate the appropriate text, messages, etc. for the alerts just as if Bank of America legitimately had done it. Upon the second call with the bank {$900.00} had been removed from my account via XXXX the representative that I spoke with told me this was the nearest scam, and that somehow they were able to Mirror everything that Bank of America is doing He said the only thing they could do is start a claim, but that the chances of any recovery were slim to none and that it would take 45 days. I was devastated. Spoke with family and friends who told me to call back because this wasnt making sense, I called back I spoke with the second representative who told me I should not be beating myself up over it. I did nothing wrong told me that there was nothing the bank could do except the claim because I was a willing participant. I dont know how being a victim of scamming and hacking is a willing participant, I never authorized anyone to do anything as far as I am concerned, Bank of America was the willing participant as they let our money leave their hands. Although they promote you to use XXXX through their own online banking website, theyre falling behind the mirror of saying its a third-party app, I guess that removes any responsibility from them. I contacted XXXX XXXX XXXX office as I know she has been working on this very situation with banks I was not only victimized by a scammer/hacker I am also being victimized by Bank of America XXXX I called Bank of America today again spoke with a representative who then put me on with the fraud department. They stated all they could do is the claim or closed my account to safeguard. They said that I would get notifications, etc. which is what I had happened yesterday when they took my money, he reiterated the Bank of America is covered through FDIC insurance, but XXXX, which they promote is not. They said that they requested immediately that the bank that the money went to which they know which is XXXX & XXXX now called XXXX to seize or block any funds on their end. Of course like any scam or hacker Im sure as soon as that money went into that bank account which is probably one of many it was immediately withdrawn and closed so basically what is happening now? Is my husbands hard earned money of {$900.00} just newly returning to work since XXXX is gone. I am devastated frustrated victimized with no clear resolve. I feel Bank of America needs to take accountability and refund the money stolen from us as I feel that all precautions necessary to safeguard their customers were not taken. When you receive legitimate phone calls and text messages from your bank yet they say they were not but confirmed that thats what they were and take no culpability there is a problem. We have been a customer of Bank of America since 2007. They had a breach just a little over a year ago. Their customers found out three months later most via news outlet with a letter later on saying to their customers myself included you may or may not have been breached and now this happens and its the newest scam and theres no safeguards you dont warn your customers you dont have a plastered all over your website and online banking app you dont send letters to your customers that is not safe guarding and protecting us. If you were going to promote a way to electronically send money then you need to be culpable. I really have used XXXX to send money, so why would I do this? Why would I send myself apparently money, but yet again, Bank of America says I was a willing participant and its not their fault. I have all the text messages, etc. and records of the phone calls.

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