Consumer complaint received 2022-07-12
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:
On XX/XX/2022 a fraudulent {$5000.00} cash withdrawal was made from my Bank of America EDD debit card account ( XXXX ) at a XXXX XXXX. 

On this same date my cellphone service and phone number were stolen, added fraudulently to phone that doesn't belong to me. I have receipts from the XXXX store in XXXX XXXX XXXX XXXX  where this occurred , with verifying details. I live in and was in XXXX XXXX, California on this date. 

Additionally, that same day, I contacted BoA by phone because my card had suddenly been blocked for the second time in four days. I was told that my card had been blocked because a new card was being sent to me. Of note - I did not request this card, nor was I ever told that it was going to be sent to me and that service to my existing card would be interrupted. Also of note - This means that on the same day that my BoA account was used to withdraw {$5.00}, XXXX in cash at a XXXX XXXX, I was spending my day on the phone with BoA trying to understand what was happening and why I was unable to purchase my prescription medicines. Presuming BoA actually records their phone calls, there should be record of this. 

XX/XX/2022 was the date I first realized my BoA EDD debit card account had been defrauded of {$11000.00} total. This includes, two separate {$3000.00} electronic fund transfers, first on XX/XX/XXXX, then on XX/XX/XXXX, both made to a bank account which had been fraudulently added to my BoA online profile, as well as the {$5000.00} cash withdrawal from a XXXX XXXX on XX/XX/XXXX. On this date, I discussed many details of what was known, and what was not yet clear about this apparent fraud. Among the details I shared with multiple BoA agents that day, was the experience I had just had with my cell phone number and service stolen on XX/XX/XXXX. Among the things I was told by BoA agents that day was, that somebody had been fraudulently verified as being me, at some point on XX/XX/XXXX, by means of a one-time passcode sent to my cell phone. I noted that I had not had control of my cell phone service or number on that day, and that I definitively did not request, nor receive any one-time passcodes via phone. Again, should BoA record their calls, there should be ample evidence of this. 

I have filed two fraud claims with BoA, numbers XXXX and XXXX. 
Today, XX/XX/2022 I received a formal response to the claim XXXX, regarding the {$5000.00} cash withdrawal from a XXXX XXXX on XX/XX/2022, from BoA via USPS. The letter states, " We've ... determined that no error has occurred... We now consider this claim resolved. The transaction activity in question was authorized and posted correctly to your account. '' I also received a letter today from the Office of the Comptroller of Currency regarding this same complaint. Their letter states, " we are refering your letter to the appropriate supervisory agency which is the CFPB. '' I am desperate. These are my only funds in the entire world. I am still XXXX. Bank of America has made the wrong determination on my claim XXXX. This should be easily proved, just given the details of my phone conversations with BoA on XX/XX/XXXX, and XX/XX/XXXX. I do not believe Bank of America has investigated this matter in good-faith, not in a dutiful manner. I believe Bank of America may be committing crimes in doing so. The Electronic Funds Transfer Act, as Regulation E, insures my funds from this exact kind of fraud, and any action, or inaction, on Bank of America 's part, other than to fully refund my stolen funds, is breaking this law.

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