Consumer complaint received 2017-03-01
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Bank account or service
Sub-product: Checking account
Issue: Using a debit or ATM card

Complaint:
XX/XX/XXXX To Whom It May Concern : I would like to file a complaint regarding the handling of an unauthorized transaction on my small business checking account ending in XXXX held with Bank of America ( BOA ) Merrill Lynch. I am a XXXX of the business, and have been a member with Bank of America since XX/XX/XXXX. 

On XXXX, I was notified via email by BOA of a suspicious transaction on my business account. I discovered upon accessing my account via online banking, that there were actually XXXX unauthorized transactions pending. The XXXX transactions were : XXXX for {$640.00}, XXXX for {$420.00}, and XXXX for {$1800.00}. 

I contacted BOA within the hour and informed them that these transactions were not authorized and that the access device ( debit card ) was still currently in my possession, and that there were no other authorized users for this card. That card was cancelled and a new one was issued. 

BOA returned the XXXX and XXXX transactions, but informed me that the XXXX transaction had to post to my account and that I would then need to dispute the transaction. After 3 days of repeatedly calling BOA to have the XXXX transaction cancelled and to not be funded, they still refused to do so. The transaction showed as posted to my account on XX/XX/XXXX, so I called in to file the dispute and I explained to the representative that I was out of state and would be until XX/XX/XXXX and that the dispute affidavit would need to be mailed to the address I was staying at. The dispute affidavit finally arrived the second week of XX/XX/XXXX after additional phone inquiries requesting the form. I completed the form on XX/XX/XXXX, and returned via mail. It is Dispute Claim : XXXX. 

A temporary credit was issued to my account on XX/XX/XXXX by BOA. BOA rescinded the temporary credit on XX/XX/XXXX without notifying me before hand at my business/home address, or by phone or email. 

I had verbally disputed the fraudulent charge ( s ) prior to the transaction hard posting to my account, however, BOA did not take action to return the fraudulent transaction upon my notification that it was fraudulent and prior to actual item posting and is now saying that I am at fault and therefore out the funds. 

As a XXXX, I feel that I should be extended the same protection as granted to a consumer. I took the appropriate action to notify BOA of the fraudulent transaction in a timely manner. They failed to take the proper action to deny the fraudulent transaction, as they had done with XXXX, and XXXX. 
As a loyal, 24 year account holder with Bank of America, I should, and expect to receive a refund the full amount of the fraudulent transaction ( {$1800.00} ), and I would like to participate in prosecuting those responsible for committing these crimes. 

Points of Contact : BOA Claims Dept. - XXXX XXXX Local BOA Branch : XXXX Relationship Manager XXXX FL XXXX XXXX XXXX XXXX County Sherriff 's Dep : Deputy XXXX XXXX

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