Consumer complaint received 2019-11-27
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
I'm a client of Bank of America since XX/XX/XXXX. The checking account has one card, debit mastercard, in my possession at all times. 

On XX/XX/XXXX my brother and myself went out of the country to visit relatives in XXXX. During our trip the account showed fraudulent transactions in Florida apparently made by the debit mastercard I had in my possession for an amount around XXXX XXXX dollars ( {$10000.00} ). Also, please be advised that the debit mastercard assigned to the account mentioned herein was in my possession at all times. At my return to the United States ( US ) on XX/XX/XXXX I noticed the charges and immediately called to cancel the card. If you see the bank statement, youll notice that two ( 2 ) of the fraudulent charges were processed on XX/XX/XXXX after I had already canceled the card. 

We have a XXXX XXXX XXXX which handles anywhere from six ( 6 ) to ten ( 10 ) employees at any given time depending the project at hand. The PIN number for the account is only known and handled by myself, the account holder. As I was explained during a conversation with Bank of America personnel there appears to be some of the transactions that were done fraudulently. Please allow me to be clear and transparent, I do not have any idea how my card may have been compromised since it has not been shared with anyone, not even the other account holder. Please keep in mind that we do XXXX XXXX  in which I involve myself on every aspect from buying materials to performing hard labor. The typical crew for a work day includes myself and at least three ( 3 ) employees that are present whenever I buy any necessary materials. Last time I used the before mentioned debit card was at a busy Bank of America location close to XXXX, FL. 

At the time of the committed fraud I was out of the country with the only card the account has ( see evidence attached ) and even though some of the transactions were in the range of my residential address the amount of the transactions and frequency was not within my profile. That being said, there are four ( 4 ) transactions XXXX XXXX for which the nearest one is in XXXX, FL which is more than 200 miles away from home and a three ( 3 ) hour car ride. Spending more than ten thousand dollars ( {$10000.00} ) in five days seems excessive and not according to my spending patterns. Another inquiry I have is why did Bank of Americas fraud program did not prevent or confirmed any of these transactions since like I mentioned before they are not within my spending pattern. 

We have submitted a claim to Bank of America for the charges described herein and we have been denied the claim. We re-submitted a reconsideration to Bank of America with evidence that we ( account holders ) were both out of the country at the time of the fraud and Bank of America took has taken more than 120 days to deal with the claim. 

That being said, our only desire is to have the money credited back to the account as guaranteed by Bank of America when there are fraudulent charges and continue banking with the institution.

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