Consumer complaint received 2016-03-08
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Bank account or service
Sub-product: Checking account
Issue: Deposits and withdrawals

Complaint:
My name is XXXX XXXX and I have had my bank account with Bank of America ( " BofA '' ) about 20 years. XX/XX/XXXX I opened another account for my niece XXXX XXXX. On or about XXXX XXXX, XXXX an unknown individual deposited a check in the amount of {$3000.00} and {$300.00} into my niece 's account at one of the of BofA 's ATM machines in XXXX XXXX, California which breached the account. As soon as XXXX checked her account ending in XXXX and saw that it was overdrawn by over {$3000.00} she immediately contacted BofA. I received an email notification that the account was overdrawn and I contacted BofA. XXXX spoke to a BofA representative and filed a claim, and I spoke to a representative later on XXXX XXXX, XXXX and they assured me that I had {$0.00} liability. The representative advised us to contact them within 48 hours after they had investigated the claim. XXXX filed the completed claim forms number XXXX and XXXX XX/XX/XXXX. 

The charges were reversed on or about XXXX XXXX, XXXX but subsequently reversed back sometime XX/XX/XXXX. XXXX and I contacted BofA again around XXXX XXXX, XXXX after we discovered the reversal and spoke to a XXXX XXXX. We were informed that the claim was denied because the investigator saw some pattern and somehow the perpetrator had the PIN number, but the investigators had not reviewed the video footage to achieve this denial. At this time XXXX . XXXX 's informed us that we would need a police report or subpoena to have BofA review its own video footage. We advised BofA that it was ridiculous that the client would need to obtain a subpoena in order for BofA to pull its own video footage to truly determine the identity of the person who perpetrated the fraudulent activity instead of basing it on a " pattern. '' XXXX . XXXX 's advised me that she would resubmit the claim for reconsideration and we confirmed that XXXX would obtain a police report, which she secured on or about XXXX XXXX from the XXXX Police Department. The police report was submitted to BofA on or about XXXX XXXX, XXXX. XXXX followed up with BofA again and was informed that the back office was still reviewing the resubmitted claim. 

On XXXX XXXX, XXXX I spoke to a BofA representative, XXXX XXXX and was advised that BofA still had not reviewed the video footage but that they had again denied the claim. I received a notice that {$1000.00} was transferred from my primary account ending in XXXX into XXXX ' account ending in XXXX to replace some of the funds that were withdrawn fraudulently. This caused my account ending in XXXX to become overdrawn. Of course I called and spoke to a representative but they were unable to help me. As of today my primary account ( XXXX ) is overdrawn due to the unauthorized transfer of funds as well as XXXX ' account ending in XXXX due to fraudulent behavior that was carelessly investigated and claim denied. 

In this day and age the BofA investigator making a decision because of a PATTERN is ridiculous. Scammers and criminals are undeniably sophisticated and if they can breach XXXX, XXXX, IRS, the Social Security Administration, XXXX XXXX XXXX, surely BofA understand that a debit card and checking account can easily be breached. XXXX and I DISCLAIM any responsibility, knowledge or involvement in this breach and I expect BofA to honor its policy to me of {$0.00} liability.

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