Consumer complaint received 2018-05-27
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Cashing a check

Complaint:
I was reported for " SUSPECTED FRAUD ACTIVITY '' by Bank of America to XXXX   because of a check that was mistakenly marked as fraudulent by XXXX, the check is attached. 

I deposited the mentioned check on XX/XX/XXXX in my Bank of America SafeBalance Banking account XXXX using Bank of America 's mobile App. The check was from my wife XXXX XXXX to me for the amount of {$3.00} dated XX/XX/XXXX with funds on her XXXX account XXXX. 

After my account in Bank of America was suddenly closed and the bank 's phone representatives told me it had to do with that check, my wife and I made a trip from XXXX to XXXX to visit the XXXX XXXX branch on XX/XX/XXXX in order to find out what the problem was. On that day we spoke to one of their bankers, XXXX XXXX XXXX, she reviewed the check, which we brought with us ( we still have it ). She revised the signature and compared to the one they have in their system, it was the same signature. We asked her to call their fraud department, she did the call to find out the check was originally marked as fraud only because they couldn't contact my wife XXXX over the phone to verify the check authenticity. 

The phone number they had was my wife 's old number, despite she went to that same branch a couple of months before just to update her personal information. After making the call, XXXX XXXX ended up apologizing and told us that the check was no longer marked as fraudulent and we could cash it if we wanted to ( obviously that was not our concern ). We ended up closing my wife 's account on XXXX. 

I ask XXXX XXXX XXXX from XXXX to please inform Bank of America there had been a mistake, but she told me they couldn't do that at this stage. So I called Bank of America to investigate again about the check, with the same answer, they couldn't do that because the check was already marked as not clear. 

After that, I started an online research and asked XXXX for my report, they mailed it to me on XX/XX/XXXX, and it said I had SUSPECTED FRAUD ACTIVITY with source of information : BANK OF AMERICA XXXX. 

I then started a dispute via XXXX to investigate the situation, to contact both banks and to please remove my report, they mailed me a letter for its reception on XX/XX/XXXX. And then mailed me their answer on XX/XX/XXXX, saying that the investigation was complete and that the disputed information had been verified by Bank of America XXXX as accurate as reported. The dispute was denied. 

In the following days I contacted several times both Bank of America and XXXX, Bank of America asked me for a " Bank Error letter '' from XXXX where they should state that it was their mistake having qualified the check as fraudulent. 

On XX/XX/XXXX, my wife and I had to make a second trip to XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, XXXX XXXX, where we had a long talk to XXXX XXXX XXXX, Assistant Branch Manager. They didn't want to provide us with the error letter requested, but after we insisted and told her it was the only way I had left to make things right, at the end, after she talked to her Manager two times, they agreed to mail us the letter. 

The letter never came, so we contacted several times XXXX XXXX XXXX via email, attached, and she apologized saying it was not possible to provide us with such a letter and she would talk to her manager again. I was confused. She eventually stopped answering our emails. 

I am now with no apparent exit to my situation, which was a mistake from day one, and I'm stuck with a negative XXXX  report, with all of its negative consequences. 

Thank you for your attention. Your help will be greatly appreciated. 

XXXX XXXX.

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 non-monetary relief