Consumer complaint received 2020-12-29
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
I have a debit card with Bank of America attached to my account of deposit for my unemployment payments from the XXXX. On XX/XX/XXXX, I tried to make a {$400.00} withdrawal from an ATM in XXXX XXXX, which is ten minutes from my home. I found that my card was suspended and, upon calling the bank, I was told that for my protection, my card gets suspended if I attempt a withdrawal from a city where I hadn't made a withdrawal previously. It sounded ridiculous, but they reactivated my card and I let it go. 

The following day, XX/XX/XXXX, a fraudulent withdrawal was successfully made using my debit card information at a Bank of America ATM an hour-and-a-half away in XXXX XXXX, CA for {$980.00}. I reported it immediately when I discovered it a few days after the withdrawal. They couldn't explain why that one went through, but told me they would investigate and possibly give me a provisional credit within 10 days while they investigated and stated that I would have permanent access to my money no later than 30 days, as long as I wasn't a suspect in their investigation. They cancelled my card and promised to send a new one, which they did. 

After ten days had passed, I logged into my account to see if the provisional deposit had been made, It had not, but I noticed that another fraudulent withdrawal was made, this one was on XX/XX/XXXX for {$500.00}, with the information on my new card. This one was made 45 minutes away in the city of XXXX XXXX. Like the previous one, Bank of America 's " built-in '' security that suspends cards when withdrawals are attempted in a new city failed to protect my money from anybody but myself. I immediately called and spoke to a Bank of America representative who filed a second claim on my behalf. I was also informed that my first claim was closed because of a " glitch '' in the system that occurred due to an onslaught of claims caused by a large amount of fraudulent transactions on their XXXX accounts. The rep refiled my first claim and expedited it and also filed my second claim. I understood the fact that everybody is suffering these days due to Covid-19 and remained patient. 

A few days later, I received a letter dated XX/XX/XXXX. I called again after ten days had passed and was told both claims were closed because the XXXX informed Bank of America that I was suspected of fraud or was considered a high risk for fraud. I reminded them that the last time I called they had already admitted that there was a glitch. They said to stop worrying about that and refiled my claims, as well as expedited them. I waited. 

During subsequent calls, I was asked for a police report, which I provided. They claimed that was all they were waiting for, but that didn't change anything. I was also asked about my activities during the time the fraudulent withdrawals were made. I was told my answers were acceptable since I was able to show debit card transactions at locations other than where the withdrawals occurred. 

It has been over three months. I recorded the calls for accuracy just as the bank has. This not a new account and the bank already admitted that I met the requirements for disproving fraud on my part. I have only been waiting for a specialist to get to my claim to return my money. The cardholder agreement states that I will have a provisional credit within 10 days AND either my funds returned within 45 days or I would be provided the documentation used to determine that I made a fraudulent claim. What I actually received was a lot of apologies early in the process, which have devolved into angry accusations, during which I'm told that I have called enough and I need to quietly sit and wait for a decision. My XXXX account was opened in XXXX for my only other XXXX claim, but even if they choose to classify my account as new, they would have had to issue to me a {$1400.00} credit within 90 days. They never requested a written claim and have authenticated my claim via numerous calls recorded by both parties. 

In the latest smoke screen, account was completely frozen by B of A on XX/XX/XXXX. I was not notified. I found out as I was checking for the deposit I expected on XX/XX/XXXX and found out the the XXXX sent it to the bank, then subsequently put a hold on my B of A account because they suddenly felt the need to verify my I.D . again. I finally convinced them to tell me why my account was frozen and sent in a copy of my Drivers License and Birth Certificate on the XX/XX/XXXX. On XX/XX/XXXX, the XXXX has stated that they need 10-15 days to verify the 2 documents I sent. Bank of America has used this information to continue to hold money already issued to me and to insult me with a horrible attitude when telling me, We cant do ANYTHING for you until your account is unfrozen, that includes the claims you have with us. After being left broke with no food or ability to go see anybody for XXXX, Im heading into the 4th month of waiting for my money to be replaced when I should have had the provisional deposit after 10 days. Bank of America is not holding up any of its obligations and are acting as if they are the ones paying Unemployment Insurance rather than the bank responsible for transferring and safeguarding money that is already mine. 

I am not responsible for the security of Bank of America 's ATM software, yet I feel like I'm being punished for the security breaches. If B of A finds it inconvenient to take a loss of {$1400.00}, I encourage them to lose all of their extra money as I have. Inconveniences notwithstanding, the fact remains that Bank of America has a fiduciary obligation to me to secure my money as if it was theirs, but not maintain control of it as if it were theirs. I have shown more understanding than they did years ago when foreclosing on my house. 

I am submitting my police report, the ac agreement, letters notifying me of my claims being closed due to suspected fraud, screenshots of the online log showing the fraudulent withdrawals, screenshots of my call logs showing the many times I waited for hold for hours to speak to somebody. Sometimes I would speak to an agent and sometimes they would pick up and immediately hang up after I waited for hours, so there are back to back calls. I have tried three times to attach these and received an error message, so if they are not attached, I will call to find out how I can submit them another way. 

Please assist me in getting my money back before they simply stop taking my calls. I am convinced that they are waiting for me to give up as I do not have the money it would require to take this gigantic corporation to court.

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