Consumer complaint received 2021-03-23
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: PA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
1 ) On XX/XX/XXXX, I noticed a fraudulent transaction on my checking account for {$100.00} made on XX/XX/XXXX. I immediately called in to Bank of America on XXXX to report it. They closed down my card and sent a new one in the mail. They opened up a claim on XX/XX/XXXX. During our phone conversation I told them I was concerned about my protection and asked if they had information on where and when the transaction was made. They told me they could not tell from their reports but would look into this claim. 

2 ) On XX/XX/XXXX, I received a letter in the mail from the Bank denying my claims. It said I could call to reopen the claim if I believe there was an error and said I could call to receive the supporting documentation that supported their decision. 

3 ) So on XXXX, I called Bank of America again to reopen claim and ask for documentation. The representative asked me a series of questions and told me they reopened the claim. They also told me they would be sending supporting documentation in the mail. I once again asked for information on the transaction in regards to where and merchant so I can further provide support to the claim that I was not present and I did in fact not make this transaction. I also asked to look back at my activity so they would notice this was an unusual for my patterns of usage, I had not made similar ATM withdrawals. In fact, I told them I had not been to an ATM since the start of the pandemic 4 ) On XX/XX/XXXX I called back to check the status and learned my claim had NEVER been reopened. I complained to a female rep and also asked about the documentation that was never sent to me about the first claim. She told me that she reopened the claim but that it was illegal to send me documentation and refused to provide. 
I once again told her I did not make this withdrawal and asked if she had information on where and when this was done. She said it was an EFT # XXXX and that perhaps that was a store number but couldn't tell me which one. I then called my lawyer who advised I call again and speak to a supervisor. 

5 ) So I called back a few minutes later on XX/XX/XXXX and asked for another representative and a supervisor. I spoke to a male rep who then transferred me to a XXXX who told me that the transaction was made as a withdrawal on XX/XX/XXXX at a merchant called XXXX  at XXXX ET. I then realize that the XXXX  was a local gas station I had gone to for gas. Sure enough we checked my transaction before the fraudulent one and we could see a debit for {$32.00} at the XXXX  which was a gas purchase I made using my debit card. I then explained to her that at that gas station I had first driven up to a pump, swiped my card and entered my pin but the pump was not working. So I pulled into another working pump and swiped my card again to fill my tank for the {$32.00}. I told her now that I knew the merchant and circumstances, I had been a victim of card skimming. I asked her what the bank was doing to protect me and to give me back my money that was taken from me. She told me that she could NOT update her system with this infor. 

6 ) I then called my police station to file a police report about the debit card skimming at the XXXX  gas station. That was opened with the XXXX Police Department XXXX XXXX ( case # available ) 7 ) I called back Bank of America to speak to a supervisor named XXXX on XX/XX/XXXX, this time to complain that reps were NOT documenting my case correctly and that I had been withheld my rights as customer to know the full details of the transaction in order to support my case. I also reported my police report and the report number, address, and phone number. I was told that this information was updated on my claim for consideration. 

8 ) On XX/XX/XXXX, I received a message via my portal that my claim was denied again. 

9 ) On XX/XX/XXXX, I called Bank of America again to inquire about the denial. A male named XXXX told me my case was NEVER updated with the police report information by XXXX on XX/XX/XXXX. XXXX helped me reopen the case and took the information including the police report location, case #, phone number, name of the detective working on my case and added it to my claim notes. 

10 ) on XX/XX/XXXX, I contacted the detective who was reviewing my case but he was unavailable so I left a message. I let him know my bank had denied my claim several times and I needed a copy of the report and updated and faxed to the bank ASAP. 

I've been a customer with a checking, credit, and savings account with Bank Of america for 20 years. I have an impeccable record and I have been budgeting every transaction for the last 10 years which the bank can see and checking every transaction and reporting any fraud in a timely fashion. It is obvious that me as the customer is not being protected and they are not on my side. 

In leu of the amount of times I have called, the bank has not only denied and taken the {$100.00} from me, they have also charged an additional {$5.00} for fees. I am going to continue fighting this and taking legal action. I am also going to remove my accounts from the bank completely. 

Major issues and obvious illegal activity is as follows ; 1 ) My case was never reopened as promised when called the first time on my case 2 ) I was never given the accurate transaction information to support my case from the day I immediately reported the issue and protected myself and the bank. 
3 ) I was only given the information to help prove my case on XX/XX/XXXX, almost two months after reporting the fraud, putting me and others at risk 4 ) I was told I would receive supporting documentation via reps and two letters from Bank of America, but denied my right to these.

5 ) The claim supporting details I provided to the reps over several phone calls were never documented and updated on my account. they included my request to reopen the claim, detailed information of my whereabouts and supporting information, AND my police report information. 
6 ) on every occasion I asked them what they NEED from me and what steps they take to review the case. The bank refuses to give me the information that I have rights to around my claim and their process and about my own PII and personal banking information. Most recently they refuse to tell me what they will do with the police information and how they will decide the outcome. how is this possible and legal?? 
Please help!!!

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