Consumer complaint received 2023-02-11
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TN
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
I was in XXXX XXXX, XXXX browsing a bunch of outdoor shops with the friends I was traveling with and stopped at a small stand selling vanilla. I tried to buy a bottle of vanilla for XXXX and XXXX XXXX vendor took my card. When it came time to enter my PIN and sign, the total was much higher than the XXXX and XXXX XXXX vendor was trying to scam me. I said no to the transaction, did not enter my pin, and did not sign and cancelled the entire transaction. I have several friends who were with me who witnessed XXXX XXXX vendor trying to scam me. The vendor then followed me and tried to get me to still make the purchase and I said no. Upon returning back to the XXXX, I saw there was a pending charge for {$240.00} so I immediately filed a claim with Bank of America on XX/XX/XXXX. I could not contact the vendor because it was a series of little XXXX XXXX stands, none of which had an address or any identifier I could use to search for. I then waited to hear back from them. My first claim number is XXXX. 

On XX/XX/XXXX they finally sent a message to the online banking message center that said the following : " Message date : XX/XX/XXXX Subject : Unable to pay. 
Please note : You can not reply to this message if the claim is in Resolved status. 

XXXX, unfortunately, we're unable to approve your recent claim. 

Our research included the information you provided with your claim, your account history, the monthly account statements we sent you and if available, information from the merchant, such as a signed receipt or contract. We made this decision because : The charge was authorized by you or made by someone who has permission to use the card or account. 

For updates on your claim If you'd like copies of the documents we used to make this decision, please call us at XXXX, Monday through Friday, from XXXX XXXX XXXX XXXX XXXX. Eastern. Please have your claim number when you call. 

Thank you for your patience during our review. '' I called them that same day and spoke to a woman. I asked where the documents they used to make their decision was because I know that there is no signed receipt or contract unless there was one forged with my signature. I only know that know pin was entered and that I did not authorize the purchase and there is no one else authorized to use my card. I repeatedly requested the documents they used to determine that this was authorized because I knew they were fraudulent and she repeatedly told me that they would send them to me just as it said in their message. She said that she would look into the claim again and re-open it or file a new claim. 

On XX/XX/XXXX, I got tired of waiting for them to send me the documents and noticed that they had charged me for the fraudulent {$240.00} again so I called in again. I spoke to XXXX who said that I didn't have a claim open, meaning the last customer agent I spoke to failed to do her part. I also asked for the documentation and he said he couldn't see any. He told me all I could do was file a new claim for the same thing. My second claim number is XXXX. 

To this date, I still haven't received any reasoning for why they denied my claim. Clearly my debit card with used without authorization to scam me out of a couple XXXX dollars by XXXX XXXX vendor in XXXX and Bank of America has provided me with none of the reasoning or documentation they said they would. I did not purchase any goods from that vendor, I did not authorize a {$240.00} purchase, and I definitely didn't sign anything or enter into a contract, which Bank of America said they have. They have not tried to contact me or make this fraud right.

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