Consumer complaint received 2020-09-08
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: IL
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement
Sub-issue: Card was charged for something you did not purchase with the card

Complaint:
BofA VISA # XXXX ( Stolen VISA CC Account Ending in XXXX ) My credit card was lost/stolen back when I was visiting XXXX, XXXX, XXXX. It had been used at a Jewelry store XXXX XXXX XXXX for the amount of {$9300.00}. 

A police report # XXXX - XXXX has been filed with Office  XXXX, Badge # XXXX, showing that the purchase was not made by me or anyone I know. 

Bank of America is refusing to reimburse for this fraudulent charge stating : " While you personally didn't make the charge ( s ), we confirmed it was made by an authorized user on the account or someone who has permission to use the card. '' Please refer to the following links ( appropriate sections, copied and pasted below ) : https : //www.consumerfinance.gov/policy-compliance/rulemaking/regulations/1026/13/ # d-4 https : //www.consumerfinance.gov/policy-compliance/rulemaking/regulations/1026/Interp-13/ ( f ) Procedures if different billing error or no billing error occurred. If, after conducting a reasonable investigation, a creditor determines that no billing error occurred or that a different billing error occurred from that asserted, the creditor shall within the time limits in paragraph ( c ) ( 2 ) of this section : 13 ( f ) Procedures If Different Billing Error or No Billing Error Occurred 1. Different billing error. Examples of a different billing error include : i. Differences in the amount of an error ( for example, the customer asserts a {$55.00} error but the error was only {$53.00} ). 
ii. Differences in other particulars asserted by the consumer ( such as when a consumer asserts that a particular transaction never occurred, but the creditor determines that only the seller 's name was disclosed incorrectly ). 
2. Form of creditor 's explanation. The written explanation ( which also may notify the consumer of corrections to the account ) may take a variety of forms. It may be sent separately, or it may be included on or with a periodic statement that is mailed within the time for resolution. If the creditor uses the periodic statement for the explanation and correction ( s ), the corrections must be specifically identified. If a separate explanation, including the correction notice, is provided, the enclosed or subsequent periodic statement reflecting the corrected amount may simply identify it as a credit. The explanation may be combined with the creditor 's notice to the consumer of amounts still owing, which is required under 1026.13 ( g ) ( 1 ), provided it is sent within the time limit for resolution. ( See commentary to 1026.13 ( e ). )  3. Reasonable investigation. A creditor must conduct a reasonable investigation before it determines that no billing error occurred or that a different billing error occurred from that asserted. In conducting its investigation of an allegation of a billing error, the creditor may reasonably request the consumer 's cooperation. The creditor may not automatically deny a claim based solely on the consumer 's failure or refusal to comply with a particular request, including providing an affidavit or filing a police report. However, if the creditor otherwise has no knowledge of facts confirming the billing error, the lack of information resulting from the consumer 's failure or refusal to comply with a particular request may lead the creditor reasonably to terminate the investigation. The procedures involved in investigating alleged billing errors may differ depending on the billing error type. 
i. Unauthorized transaction. In conducting an investigation of a notice of billing error alleging an unauthorized transaction under 1026.13 ( a ) ( 1 ), actions such as the following represent steps that a creditor may take, as appropriate, in conducting a reasonable investigation : A. Reviewing the types or amounts of purchases made in relation to the consumer 's previous purchasing pattern. 
B. Reviewing where the purchases were delivered in relation to the consumer 's residence or place of business. 
C. Reviewing where the purchases were made in relation to where the consumer resides or has normally shopped. 
D. Comparing any signature on credit slips for the purchases to the signature of the consumer ( or an authorized user in the case of a credit card account ) in the creditor 's records, including other credit slips. 
E. Requesting documentation to assist in the verification of the claim. 
F. Requiring a written, signed statement from the consumer ( or authorized user, in the case of a credit card account ). For example, the creditor may include a signature line on a billing rights form that the consumer may send in to provide notice of the claim. However, a creditor may not require the consumer to provide an affidavit or signed statement under penalty of perjury as a part of a reasonable investigation. 
G. Requesting a copy of a police report, if one was filed. 
H. Requesting information regarding the consumer 's knowledge of the person who allegedly obtained an extension of credit on the account or of that person 's authority to do so. 
ii. Nondelivery of property or services. In conducting an investigation of a billing error notice alleging the nondelivery of property or services under 1026.13 ( a ) ( 3 ), the creditor shall not deny the assertion unless it conducts a reasonable investigation and determines that the property or services were actually delivered, mailed, or sent as agreed. 
iii. Incorrect information. In conducting an investigation of a billing error notice alleging that information appearing on a periodic statement is incorrect because a person honoring the consumer 's credit card or otherwise accepting an access device for an open-end plan has made an incorrect report to the creditor, the creditor shall not deny the assertion unless it conducts a reasonable investigation and determines that the information was correct. 
( 1 ) Mail or deliver to the consumer an explanation that sets forth the reasons for the creditor 's belief that the billing error alleged by the consumer is incorrect in whole or in part ; ( 2 ) Furnish copies of documentary evidence of the consumer 's indebtedness, if the consumer so requests ; and ( 3 ) If a different billing error occurred, correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable. 

Bank of America has failed to ( or is refusing to ) provide me with documentary evidence on how they have been able to determine " While you personally didn't make the charge ( s ), we confirmed it was made by an authorized user on the account or someone who has permission to use the card. '' There are a series of steps that a financial institution must take in order to verify the claim ( as described in the links provided ). The type or amount of the purchase made clearly does NOT match my previous purchasing pattern. I had never shopped, or had prior relationship with the merchant. 

Bank of America has failed to provide me with any signature on credit slips, and the signatures have not been compared with my signature in their records. 

As per their request, Bank of America has also been provided with a copy of the filed police report, UNDER PENALTY OF PERJURY, however, they have refused to put that into consideration, when reviewing my claim. Declining my claim after a police report has been provided, under penalty of perjury, implies that the bank believes that I was part of the scheme, and simply wanted to make purchases, and not be held liable for them. However, if the bank believes that I have committed fraud, according to law and regulations ( please see, for instance, XXXX : XXXX ), THE BURDEN OF PROOF LIES WITH THEM, and my claim must not have been declined for just simply " having the belief ''. 

It is important to note that Regulation E also expressly prohibits the following factors as the basis for imposing greater liability than is permissible under Regulation E : the consumer was negligent ( e.g., wrote a PIN on an ATM card ) ; an agreement between the consumer and the financial institution provides for greater liability ; or the consumer is liable for a greater amount under state law. 

I, hereby, consider this dispute/complaint still unresolved, and request the help of the CFPB, in getting reimbursement for the unauthorized transactions on my account in the total amount of {$9300.00} using my VISA CC ending in XXXX. 

Thank you for your time and consideration. 

Sincerely, -XXXX  XXXX BofA VISA # 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 explanation