Consumer complaint received 2022-09-29
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NJ
Product: Money transfer, virtual currency, or money service
Sub-product: Money order
Issue: Confusing or missing disclosures

Complaint:
I was the victim of an auto scam. I was trying to sell my car on XXXX XXXX for {$17000.00} when I was contacted by a buyer ( XX/XX/2022 ) who said they would pay full price and would pay me an additional {$3000.00} so that I could pay the shipping company to have the car shipped to North Carolina as well as an additional {$100.00} to not sell to anyone else. I agreed and was sent a cashier 's check for {$20000.00} in the mail ( XX/XX/2022 ) which I then deposited at Bank of America ( XX/XX/2022 ). Now, this didn't feel right so I asked the teller when the money would clear in my account and they said within 24 hours. The next day ( XX/XX/2022 ) I called Bank of America and asked if the money was safely in my account to which they told me yes. The buyer then contacted me and told me to pay the shipper and schedule the pickup of the car and that I would need to pay via money order through USPS in three {$1000.00} orders. Before going to USPS I called Bank of America again ( XX/XX/2022 ) to ask if the money truly was in my account and if there was any chance it could be taken out or it could be a scam to which they said not the money was safe. I went to USPS ( XX/XX/2022 ) and asked for the money order and when I went to pay was given an error on my card so once again I called BOA and asked again ( XX/XX/2022 ) if the money was truly safe and cleared in my account to which I was once again assured that it was cleared and safely in my account and they approved the charge. The money order was overnighted to the shipper via USPS. Monday ( XX/XX/2022 ) I received confirmation from USPS that the shipment was received. Tuesday ( XX/XX/2022 ) I got a message from the buyer that he would no longer be able to purchase the car and wanted me to refund him {$14000.00} but would be able to keep {$3000.00} for a cancellation fee. At this point I knew I had been scammed and immediately checked my bank account which had been deducted {$20000.00} and now had a negative balance. 

I contacted my lawyer who advised I do not send anymore information or money and try and stop the shipment of the money order but when I contacted USPS they said it was too late. He then said to contact the bank because I had been led to believe on multiple occasions that the money had cleared and was secure in my account to see if they would refund me the {$3000.00} I had lost. I called the fraud department from BOA and was told there was nothing they could do because I was a victim of a scam and because I authorized the shipment of the money. I called again and the once again explained the situation and that I had been ensured by BOA that the money was safe and that guy told me they would be able to help. After not hearing back from that contact I called back and was on with a new person who told me they could not help. I told my lawyer the response and he said he couldn't help me because even if I won the case in court, his fees would be more than {$3000.00} and BOA would kill me in litigation fees. 

I understand that I was scammed but I was on multiple occasions reassured by BOA that there was nothing to worry about so I went to my local BOA manager and explained the story to him and he was able to put in a claim and had the {$3000.00} restored in my account upon approval of the claim. A few days later the claim was rejected and the money was once again taken from my account. I then called BOA again and asked for the recordings of the calls I had with their representatives and they told me they would not share any information with me because they own it and I would need a warrant in order to obtain any of it. I also filed a police report on XX/XX/2022.

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