Consumer complaint received 2020-09-28
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
Bank of America failed to protect our money by allowing criminals to cash 5 fraudulent checks totaling {$10000.00} from our checking account number ending on : XXXX with a fake driver license. Bank of America has refused to give us our money back, when they are the ones who allowed the fraudulent checks to be cashed from our checking account using a fake driver license. 

On XX/XX/2020 we initiated a claim and a freeze was placed on our checking account with Bank of America. At the time we only new of 3 fraudulent checks that had posted as returned items charged back to our checking account. On XX/XX/2020 another 2 fraudulent checks posted the same way in our account. We called Bank of America on different dates wanting to make sure the claim was being processed, we were told it was assigned and was under review by an analyst. 

On Monday XX/XX/2020 We received a letter via email from Bank of America saying that our claim was denied and that our claim would not be honored for the following reasons : 1. One or more signer ( s ) on the account benefited from the transaction ( s ) you claim is fraudulent. 
2. The handwriting on the item ( s ) you have claimed as forgery is consistent with the sample of your signature in our file. 
3. The account owners identification was used to negotiate the check. The bank was not notified that your identification was lost our stolen. 

We immediately called Bank of America and escalated the call to appealed their decision. This is what we said on our call : 1. We never benefited from the account transactions. Analysts incorrectly believed that we made the fraudulent checks transactions. 
2. The signature is not a match, signature could have being traced from compromise data. Were the fraudulent checks signed in front of the teller ( s )? 
3. I never reported my driver license lost or stolen because it was not. The teller ( s ) failed to examine and detect the fake DL that was used when cashing the fraudulent checks from our checking account. 

We have not received any other correspondence since that called was made. We have called them back and no new developments have being made. 

On Tuesday XX/XX/2020 we visited our local branch in XXXX, Florida and spoke with XXXX XXXX XXXX a relationship manager and the branch manager and learned that the 5 fraudulent checks were cashed in Tennessee. We live in XXXX XXXX, Florida and we have not travel to Tennessee in over 20 years. We have no idea how this happened and how those criminals were able to obtain my drivers license information. We have receipts and phone data that shows that I was in XXXX XXXX, FL while those checks were being cash in another state. 

This are the dates and location were those fraudulent checks were cash from our checking account : XXXX/XXXX/2020 check number : XXXX from : XXXX XXXX XXXX XXXX XXXX For the amount of : {$1300.00} was cash in a Bank of America XXXX at : XXXX XXXX XXXX XXXX XXXX XXXX TN XXXX XX/XX/2020 check number : XXXX from : XXXX XXXX XXXX XXXX XXXX XXXX XXXX For the amount : {$1600.00} was cash in a Bank of America XXXX XXXX : XXXX XXXX XXXX XXXX XXXX XXXX TN XXXX XXXX XX/XX/2020 check number : XXXX from : XXXX & XXXX XXXX XXXX XXXX XXXX For XXXX amount : {$2800.00} was cash in a Bank of America XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX TN XXXX XX/XX/2020 check number : XXXX from : XXXX XXXX XXXX XXXX XXXX For the amount : {$1600.00} was cash in a Bank of America located at : XXXX XXXX XXXX XXXX, XXXX TN, XXXX XX/XX/2020 check number : XXXX from : XXXX XXXX XXXX XXXX. For the amount : {$2800.00} was cash in a Bank of America located at : XXXX XXXX XXXX XXXX, XXXX TN, XXXX We have never had any type of association with any of these fraudulent checks. We want our funds return to our account as soon as possible, Bank of America failed to protect our money and allowed criminals to walk away with our money using a fake drivers license.

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