Consumer complaint received 2022-03-01
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:
On XX/XX/2021 I was at the XXXX XXXX XXXX in XXXX XXXX. I attempted to withdraw {$500.00} at ATM machine XXXX. The ATM transaction appeared as though it was going to go through, however no money was dispensed and no receipt was given. I grew uneasy about the situation and contacted Bank of America that same day and informed them of the situation. They told me that since the charge was pending yet, I could not file a dispute and that it should drop off. It never did. As soon as I saw that the charge had posted to my bank account, I informed XXXX XXXX, who told me I would have to dispute this with my bank. I called Bank of America and they referred me to the dispute department who filed claim # XXXX on my behalf. Bank of America contacted the ATM machined during the dispute process. They sent paperwork showing that a transaction was made and that money had gone through. A transaction was indeed attempted by me, however the ATM machine did not disperse any money. My claim was denied based on proof that a machine recorded a transaction, even though the machine did not provide any money. When my claim was denied, I immediately called Bank of America to request them to reopen and investigate the footage from the atm camera. They told me I just needed to send a signed written statement stating that I did not receive any money from the atm machine and they provided me with a fax number. I wrote a detailed letter, went to my Bank of America branch and had them fax over the letter immediately. My claim was denied a few days later. Bank of America provided me with an " old fax number '' and they never received my written statement. At this point, I drove to the Bank of America once again and told them they gave me the wrong fax number and I sat down with a banker to insure she faxed it to the correct location. After a few days, they denied my claim for the third time saying they " needed a receipt from the atm showing that I did not receive any money. '' The ATM never provided me with any receipt. I called to explain this to them and they told me that I would need to contact XXXX XXXX to request to see footage of the atm machine. I called XXXX XXXX and they told me that whenever there is an issue with the ATM, I need to dispute it with my Bank. Once again I call Bank of America to reexamine the claim. I get denied and am sent a letter telling me that my claim has been investigated multiple times and that it is denied and can not be reopened. I then get a letter in the mail stating that I attempted to withdraw {$500.00} twice that day and that one transaction went through and one did not. I realize then that this should be a fraud claim and not a dispute because I never attempted to withdraw that amount twice and I sure as XXXX did not receive any money. I call to request that my claim be treated as a fraud claim since this new information was uncovered. They tell me that they will treat it as fraud and they cancel my debit card under fraud protection and send me a new one. My claim is denied for the fifth time. I call and speak to a supervisor and she tells me I need to file a police report and even then that filing a police report will not guarantee that I will get my money back. I then drive to the police station to file a police report who informs me that since this took place in XXXX XXXX I would have to file a report there. I call Bank of America to tell them this since I live in California and they tell me because my claim was filed originally as a dispute that they CAN NOT file a fraud claim. This is complete insanity. We now know that someone else used my debit card, but they won't file a fraud claim because " they can't do that if it was filed as a dispute originally. '' I am a victim of fraud. I have gone above and beyond to provide everything I can to bank of America to get my money back. I have been lied to, treated as a criminal, been given false promises and denied my rights to fraud protection under Bank of America Zero Fraud Liability Guarantee with the excuse that I filed a dispute and not a fraud claim. Yes I did this because at the time I was not AWARE that fraud had been committed on my atm card. I now know that someone, somehow fraudulenty used my atm card at this same machine and received money. Bank of America Zero Fraud Liability Guarantee states that the consumer will not have to pay for fraudulent transactions made by others using their Bank of America consumer and debit atm cards. Yet I am being denied and charged even after I keep telling them that this is a FRAUD case now. I am sorry that Bank of America has wrongly filed this as a dispute, but I am at my wits end explaining to them that I AM A VICTIM of fraud and under their Zero Fraud Liability Guarantee and Regulation E I am entitled to my money back. This should never have been filed as a dispute and it should have been filed as Fraud! Please uphold your policies and that of the United States government, check the atm cameras, do whatever you have to do and give me my money back!

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