Consumer complaint received 2017-06-07
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CT
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
XXXX my daughters bank of america ATM card was stolen via an XXXX she shared with other teenagers She did not discover her ATM was missing until a few days later when she checked her balance noticed a check for {$5900.00} was deposited and {$300.00} withdrawn. She contacted bank of america spoke with customer service told them she did not authorize transaction. A new atm card was issued with new pin. 2 weeks later she received a letter from BOA stating they are reversing the credit applied and they determined their decision was correct. I then got involved requested ATM footage etc. I reviewed ATM footage with a branch manager and my daughter. The person on ATM was a XXXX male. At that time my daughter recognized the guy as being on of the kids in the XXXX she was sharing prior to the incident. I asked how he got access to her pin. She advised another young girl riding in the XXXX was asking questions like what school you go to, whens your birthday etc. WHICH NOTE : her pin at the time was her Date of Birth. We also seen copies of the check it was a XXXX XXXX personal check. The person spelled my daughters name incorrectly on the check. Also the person who signed the check also endorsed it on the back. Bank of America has a male suspect on video footage, and check that incorrectly spelled my daughters name and was endorsed incorrectly. Since XXXX XXXX I have been calling trying to dispute. I was told I need to file police report. Which I have done and I have faxed and still Bank of America is refusing to investigate this fairly. Bank of America Fraud continues to say their findings are correct. Their reason is no one would be able to access her ATM and deposit with her personal information. As That is information she would only know. This happens to consumers everyday and is not uncommon. Unfortunately my daughter was a victim of crime. An innocent conversation in an XXXX resulted in her card getting stolen and her pin getting breached. The evidence on the ATM footage shows she did not deposit the check. Also the check image itself shows the person did not even spell my daughters name correctly. The person that signed the front also endorsed the back. Yet None of these factors are being taken into consideration. Instead Bank of America fraud just denies my claim says their findings are correct. Per the reasons I noted above. While in most cases that would be true. But when your Pin is your DOB. Fact remains consumers are more susceptible to fraud. Unfortunately my daughter being a minor when she opened her account set her pin as her DOB. The banks run across this every day and for Bank of America not to even take the time to look into this issue. I am starting to feel like because I am a minority. I am being treated like the criminal instead of looking at the facts before them. Between the footage & the check discrepancies I pointed out. Bank of America can not make a clear determination their findings are correct. Meanwhile The representatives in the fraud department have treated me rudely spoken to me in a condescending manor. Despite being a customer with the bank for well over 15 years. Not to mention I have mortgage through Bank of America. I called again today XXXX/XXXX/XXXX and again was treated like a criminal. I was told I can not speak to anyone there is no one that I can escalate this to and if I do not have any more documentation than the letter and the police report I sent. Bank of America Fraud investigator handling my claim will continue to deny my request. I am a consumer caught in the middle of a fraud situation and there is actual evidence that shows there was someone else involved. That person has gotten away with a crime. I am left to hold the bag. 
Today I have contacted my local news company XXXX XXXX. I am contacting CFPB and I am writing Bank of America head quarters. I had 3 open accounts. The account in question bank of america charged off and is now reflecting this on mine and my daughters credit and is possibly even in the XXXX XXXX. We are being penalized for being a customer. Anything that can be done to ensure this is investigated and a fair determination is made would be appreciated.

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