Consumer complaint received 2021-01-08
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:
I am a XXXX  XXXX, and XXXX XXXX XXXX XXXX and so I have a very busy schedule. I noticed in XX/XX/2020 that certain debits and charges from my account that automatically deducts were not being paid. I contacted BOA after checking my account balances in detail about these charges on XX/XX/2020. They opened a claim and totaled it out to be over XXXX grand. I told the rep that I definitely didn't charge or purchase XXXX XXXX dollars worth of gas or items from a gas station. 

2-weeks later and after having the claim escalated my claim was denied. Reason : 1 ) Nothing about the transactions appeared unauthorized said the representative. 2 ) It was a chip card and chip cards can't be cloned. ( Due to my informing the rep that on many occasions I was unable to perform a pay at the pump transaction like I normally do when in a rush. ) 3 ) It was pin-based transactions. 4 ) If they were fraudulent they would have tried to wipe you out. Seems they didn't do that all at once. ( These were the exact words this person said to me! ) 5 ) Since I have been logging into my online account I would have noticed these charges, why did I wait. Over XXXX XXXX dollars, I asked them if they didn't see that as odd? My alerts were being sent to my spam folder so I was never alerted to any of these hundreds at a time charges. Many on the same exact day! 

My response to each of those : I never spent XXXX XXXX dollars at any gas station! Nothing in my banking history with Bank of America would suggest this. Chip cards can and are being duplicated, and skimmed I elaborated more on my attempts using my card, like normally for gas, and my card was not being accepted, or the machine telling me to pay inside. I normally just use another pump and it would work. For pin-based transactions, I would only assume that these thieves can make their own pin too, or have cameras to see my pin or zip code. I further explained that although I have been logging onto my online account there have been times I have also been locked out, even using my fingerprint. I called in a few times and was advised to clear my cache or uninstall and then re-download my app. 

I filed a police report although I don't know who did this and was told to fax over the police report. The rep at BofA didn't want to take the report number and add it to the file over the phone, again, odd. I was advised of any new information to contact them so they could add it to my investigation. I have attempted to assist this bank in all efforts to get my claim approved and closed as I did not authorize, or permit, or have any knowledge of my debit card or checking account in any capacity to be used. 

I have written to XXXX also because at this point BofA ignores me on social media and customer service just tells me the same thing with no date of resolution. At this time my rent is late, my car-note, and credit card bills are maxed because all my money has been stolen and BofA is not helping me at all.

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