Consumer complaint received 2020-03-04
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem with a lender or other company charging your account
Sub-issue: Transaction was not authorized

Complaint:
I contacted Bank of America to report that an unauthorized person was generating fraudulent checks from my checking account using my routing number. The person taking funds from my account is named XXXX XXXX, and the person endorsing/cashing the checks is named XXXX XXXX. I explained to Bank of America that I had contacted XXXX   XXXX XXXX XXXX with the intention of consolidating my credit card debt. The number I called and which is reflected on my cell phone bill which I provided a copy of to my bank is XXXX. I was referred to this finance group by a friend who had used them in the past. I spoke with a woman named XXXX who ran my credit report and set up a credit consolidation plan with me. I was instructed not to pay any of my credit card bills as they would be contacting them on my behalf. Months went by and I was still receiving calls from my creditors. I tried to contract XXXX at the direct number she gave me but the voice message said she was unavailable. I was rerouted to the main operator where a computerized system told me nobody was available and to try my call later. A couple weeks later I was told by a potential landlord that my credit consolidation was not notated on my credit report. I tried to reach XXXX with XXXX XXXX once again. I was unsuccessful at reaching anyone at all, so I went to my bank account online to look for a phone number that might be associated with the auto payments they had been debiting from my account. When I accessed my bank account and clicked on my payment to XXXX I found a computerized drafted check made out to a XXXX XXXX and endorsed and cashed by a XXXX XXXX. I do not know either of these people nor did I authorize either of them to generate checks from my bank account. I notified my bank and initially was scolded for sharing my bank routing number and told that I could not open a check fraud investigation because I had shared my routing number. I was very upset as I did not authorize the person taking funds from my account to do so. I went to my local branch with my XXXX year old in tow and spoke with the manager. She had the assistant manager open a new account number for me. Since then I have been treated like a new customer, have had my child support funds put on hold in my checking account for much longer than usual and had a very stressful banking experience. The assistant manager, XXXX XXXX, did call the fraud department back on a conference call with me and was successful at opening a check fraud investigation on the second request, however to this day I still have not had any type of resolution at all in response to my claim. I also contacted the XXXX XXXX XXXX about XXXX XXXX pretending to be XXXX XXXX XXXX XXXX. At this time I began receiving calls from " XXXX XXXX XXXX XXXX XXXX '' acting like I had retained his services when I in fact had not. The calls were persistent. I eventually blocked the phone number they were coming from. I have not ever called or retained or heard of anyone by the name of XXXX XXXX for any reason until I saw his name on fraudulent checks from my account. I reported this information to my bank on XX/XX/2020 and to this day Bank of America still has not processed my fraud claim. In the meantime, I have received a check for {$1300.00} from XXXX XXXX. I did not cash this check because the attached letter insinuates I had retained services with him when I did not. Upon XXXX his name I found other persons who have had similar situations with this same man under different company names. Some have stated that he sent them a reimbursement check and that it was returned for insufficient funds. I contacted Bank of America to inform them of the check that was sent to me and they did not even want a copy of it. I was also told that there is no such thing as an " expedited '' fraud claim and that my claim was first come first serve and that they have 90 days to review my claim. I have received so much conflicting information in regard to my fraud claim. A different person responds to my calls each time I have called. When I have asked to speak to a supervisor I have received no further help or information. I am now receiving mail from this same man who generated checks from my checking account. 
He is pretending to be a debt collector for a credit card I have. I assume he has my credit card information from having run my report when he pretended to be with XXXX XXXX XXXX XXXX. He has fraudulently demanded payment in full for my credit card on behalf of XXXX XXXX, however he is fraudulently representing this collection agency as well. I recognized that this was him because the contact number listed on the bill is the same phone number that I ended up blocking on my cell phone when he was posing as a representative at XXXX XXXX XXXX XXXX. I believe there may be more than one person conducting fraudulent business as XXXX XXXX, as a number of emails I received were written with broken English, while the letters I received in the mail were written quite well, as was the fake collection notice for my XXXX XXXX  Credit Card Account. I have moved since this situation began and the last correspondence I received was to my new address which has caused a lot of stress for me since I feel harassed and am now living as a single mom with my XXXX and XXXX year olds. I called Bank of America once again and explained that this man is contacting me at my new address and that I feel harassed. I also asked when I would be reimbursed for the fraudulent checks. I was told that they don't know that I never had a contract with XXXX XXXX and that I may not be reimbursed. I am extremely upset over this! I am intelligent enough to know who I have and have not authorized business with and have NEVER authorized this man to take money from my account. Bank of America has been condescending and ineffective in a situation that has been stressful. Dealing with them has almost been worse than having had the fraudulent checks generated from my account in the first place.

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