Consumer complaint received 2021-05-18
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: PA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
On XX/XX/XXXX I received a notification from Bank of America, by email, that my account was XXXX in the negative. After calling BOA and talking with a representative I noticed two recent transactions that were not made by me. At first I thought that someone hacked into my account because I was hospitalized on those dates and had returned home from the hospital on XX/XX/XXXX. Also, when I looked inside my purse my check card was inside my wallet. However, after reviewing my bank statements I noticed numerous unauthorized charges were made within my bank account, and concluded that fraud was committed on my account by someone known to me. This person in addition to using my Bank of America card committed other atrocities in connection with my bank account. One of them was mobile deposits of forged checks ( issued to me by my job ) into my bank account. After countless hours and weeks spent on the phone with customer service within the claims department all of my claims were denied ( including the check fraud claims ). It was deemed that a familiar fraud was committed on my account and later on once I contacted Corporate by mail and email, the corporate escalation unit became involved. My contact at corporate is XXXX XXXX. She said it was deemed that the suspect had authorized access to my accounts and it was deemed he was an authorized user. Also, one of the letters provided by the check card uses similar language ( which I have provided ). I have three major complaints with Bank of America at this time, which I will describe -lack of ATM Footage, denial of claims, and unknown withdrawal from BOA out of my account.

One of my major complaints with Bank of America is that they still have not released the ATM footage to the detectives working my case ( In XXXX PA, Detective XXXX XXXX of the XXXX XXXX  and in XXXX NJ, Detective XXXX XXXX ). I have been trying to have charges filed against the suspect since XXXX of this year and ATM footage is very crucial to my case. If my case is to be tried at the Superior Court of XXXX County, New Jersey -XXXX case needs to be included with the other complaints that have been filed in XXXX County ( XXXX , XXXX , XXXX , XXXX XXXX ). If they remain at the lower courts and are tried, Double Jeopardy comes into play. XXXX is the largest amount where my card was used in XXXX County and its hard to have everything tried together when there is a big missing link- the ATM footage. In addition, ATM footage is very important to my case in XXXX and XXXX because without it there is basically no case. 

Which brings me to my 2nd complaint, the denial of my claims. Bank of America has not only denied my claims, but is holding me back from seeking justice through the justice system. On one end they are maintaining that the suspect had authorized usage, but on the other they are hindering and/or slowing down my pursuit to have the suspect tried in criminal court. Is Bank of America allowed to do this? Providing the ATM footage would not benefit them and would only support what I have been conveying to them all along -that the suspect never had authorized usage of my account. It seems that BOA is not in a rush to prove this or may drag their feet because it goes against their findings. 


Which brings me to my third complaint. While I thought it couldnt get worse. It did. Recently on XX/XX/XXXX I received notification by email that my account fell below XXXX dollars. I quickly checked because I had just transferred money from my savings account and also had deposited a check to pay bills. All of my funds ( {$2700.00} ) at the time had been taken out of my account by Bank of America. I contacted Bank of America and no one could give me a direct answer to what happened to my funds. It's over a month and still no real answer or correspondence on what happened to my funds or what I need to do.I have asked several times for something in writing. That has not been done. 

I spoke with a representative at Bank of America Corporate and she said that the money was taken out in regards to the forged checks ; however, the forged check claims were denied. I was told something in regards to contacting the State of PA and to get my funds back I have to contact the maker of the check. I am unsure what that means and haven't been given any guidance on what to do. In the meantime there has been no reversal of the forged checks into my account, as I stated before the claims were denied. 

Its bad enough that my bank account was not properly protected in XXXX and XXXX, and I was left with a deficit of over XXXX dollars that was taken illegally out of my account. Now the deficit keeps growing with the XXXX dollars taken out ( by BOA ) in XXXX. Also, based on what I was told the Bank is looking to take the entire amount of forged checks which is around {$12000.00}. 

Please help me resolve this matter. I'm trying to get back on track and money is taken out of my account without an adequate explanation or any details of proper recourse. I would like for Bank of America to provide a written response to why my money was taken out of my account and steps I need to take to recover it. Also, what I need to do to make sure that when I close my Bank of America account that it is left in the clear. 

Update : XX/XX/XXXX XXXX. I went to log in to my Bank of America account on my computer and it states no match found. I tried to log in on my phone and it states Online Banking is not available to you at this time. Please call us at XXXX. I checked my email and no notification was given in regards to this and no phone call was made. This is just typical behavior I have come to expect from Bank of America. Little to no communication and being given the runaround on the phone. I was just able to log in the other day. Now that I am asking for written communication from them ( see XX/XX/XXXX ) all of a sudden my online account is disabled. This is very telling. 

I have already contacted the Office of the Comptroller, however, I'm looking for other organizations or entities that are able to help. Any advice or any information that you are able to give will be greatly appreciated.

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