Consumer complaint received 2020-01-09
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NJ
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem with a lender or other company charging your account
Sub-issue: Transaction was not authorized

Complaint:
XX/XX/XXXX Bank of America Fraud Claims Claim # XXXX Fax- XXXX On XX/XX/XXXX at approximately XXXX, I noticed multiple unauthorized fraudulent charges that were taken from my Bank of America ( B of A ) checking account via my debit card. These payments came from XXXX XXXX/XXXX XXXX which had my debit card stored on the mobile application. I had posted products on XXXX because my grandfather had passed away and my grandmother had asked me to sell some of his old taxidermy. At some point after, a customer contacted me via text and claimed they were interested in purchasing the products. The customer provided payment in check form I believe the amount was initially {$4300.00}. I deposited the check via mobile deposit. The customer came back and asked 2 more times for additional products, I believe those amounts were {$2400.00} and {$2000.00}. I cashed all of the checks via the B of A mobile app, I believe in a two-three day period, with no idea that they were potentially fraudulent. When I  contacted the bank of XX/XX/XXXX, the representative advised me that the initial payment of {$4300.00} was a fraudulent check. I advised her that there were two other checks pending and to stop processing of them. She told me she couldnt at this point. 
I contacted my local police department and had a police report generated because of this matter. I was advised by the police department that they have seen incidents where criminals have taken data off of phones in order to achieve financial gain. I believe that the subject has skimmed/hacked my phone and extracted by XXXX XXXX   information which stored my debit card and used it for the several unauthorized charges. These charges were {$1500.00}, {$2800.00}, {$1800.00} and {$2400.00}. I have reported the claim consistent with guidelines in the Electronic Funds Transfer Act, and received a response from B of A that the claim ( {$6100.00} ) could not be paid. 
I have made NUMEROUS calls to B of A on the matter with little to no help. I have filed a police report only to find out that B of A, hasnt requested it. I have contacted XXXX on the matter and was told that they couldnt do anything about it. Not one person from the B of A fraud department has contacted me to ask any questions or get my statement on the situation. I am FURIOUS and I am prepared to move forward in any way to ensure that I receive a favorable decision with regard to this claim, to include reporting to higher level government agencies ( Federal Reserve Board, Consumer Financial Protection Bureau and Federal Trade Commission ) retaining counsel, moving this up the B of A corporate level and contacting the XXXX XXXX XXXX. 
I have been a customer with B of A since XXXX, and have never had an issue like this. Bank of America is acting unethically in their actions. I am being treating disparately, as I have spoken with other B of A customers that have had similar issues to this one and have had their funds restored. I have been caused a HUGE amount of undue stress because of B of As inaction and poor investigative steps that have been taken. My salary was direct deposited into the account and I couldnt pay my mortgage, my monthly bills or have money to care for my XXXX children because of the negative balance. This has been ongoing on for months and is ultimately throwing all of my finances into a whirlwind ; not to mention suffering the loss of a close loved one. I have contacted B of A over 20 times with no contact back and most recently on XX/XX/XXXX my claim was AGAIN escalated. B of A violated their own policy on claim escalation surpassing the 45 day mark for resolution and response. B of A still did not contact me on the matter and immediately closed the case with a Claim not paid resolution because they missed the timeframe they were supposed to respond to me in.

Company response to consumer: Closed with explanation