Consumer complaint received 2018-03-19
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NJ
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
Around late XX/XX/XXXX ( of last month ), I noticed that my debit card was missing. I was not able to locate it so I immediately checked my savings and I had noticed that there was a pending transaction of {$3500.00} and {$660.00} on XX/XX/XXXX. 

I immediately called my bank, Bank of America to close my card and also to file a claim. I spoke with the Customer Representative that I can not locate my card and there are two large amounts of transactions pending that were not authorized by me. The Customer Representative sent out a new replacement card and also filed a claim against the two transactions. She mentioned that it will take up to 90 days to investigate the situation but if they can not do it within 10 days, they will give me a temporary credit. 

I called every week to follow up and each time, the representative stated the claim is still in research. On Monday, XX/XX/XXXX, I called again since it was the 10th Business Day. The representative stated the claim was denied and not in my favor due to that I waited too many days to call about my missing card. She stated that I needed to contact the merchant of the company and write a letter and fax it over to the Bank of America Claims so they could reopen the claim. 

I contacted the Merchant which is a company called XXXX and XXXX which I have never done business with. I spoke with the customer service line and each company mentioned that there was an order placed by my billing address but to a different name and a shipping address that they can not provide. The Customer Representatives stated that I would need to contact my bank to do a chargeback and indeed agreed it was Fraud. The representative said " because it is Fraud, you would need to go through your bank and file a chargeback. your bank will contact us and we will handle it from there '' I wrote in detail of our conversation and faxed it over to the Bank of America Claims that following day. On Thursday, XX/XX/2018, I called Bank of America Claims department again to follow up -- I spoke with a different customer representative and he stated that they received the documents and attached it to my claim. He said the claim will be reopened and noted our conversation. I spoke with him that I contacted the merchant as previously mentioned and that the only option is to contact the Bank. 

I followed up again today which is a Monday, XX/XX/2018. I called to follow up with the claim and the customer representative I spoke with today said the claim was denied AGAIN. I asked to speak with a supervisor -- I spoke with the supervisor and he said that he will try to reopen the claim again. 

It's been up to a month regarding this situation. TWO Charges that were not authorized by me has made my account go overdraft and I have not received the money that was taken out. I contacted the merchant multiple times and they have agreed it is Fraud but they are waiting for the bank to contact them. I contacted the bank to file multiple claims and asked them to reach out but they are keep denying my claim. 

It seems as Bank of America are not taking this very seriously as my checking account has been taken out of {$4200.00} I need my money back.

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