Consumer complaint received 2023-08-17
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MA
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Other features, terms, or problems
Sub-issue: Other problem

Complaint:
OVERVIEW : Since XXXX I have been a preferred customer of Bank of America ( BofA ), with two savings accounts, a checking account, and a VISA credit card. The VISA card is paid automatically from one of the savings accounts ; there has never been a late payment, interest charges, or penalties of any kind. 
On XX/XX/XXXX, I was alerted by email that my Bank of America checking account had been hacked, beginning at the end of XXXX. I visited the Banks XXXX branch and the bank representative changed the passcode. 
On XX/XX/XXXX, I checked my ATM and realized that unauthorized withdrawals had been made from a savings account. No alert was given by the bank. Again, I visited the bank and was told that my accounts would be frozen. 
On a XX/XX/XXXX visit to the XXXX branch I observed on the bank managers computer that my accounts had not been frozen and looting had continued ; in excess of {$40000.00} had been stolen. 
Between XX/XX/XXXX and XX/XX/XXXX BofA never reached out to me, via phone, email, or letter, regarding the unusual activity or to resolve the issues due to the activity. All contact was initiated by me, either by telephone or in-person at the XXXX, MA branch XXXX. 
No one took ownership of the situation to resolve it. Phone calls, with repeated transfers, were always with different individuals who had no knowledge of the issues. Even bank managers at the branch location had no authority to make decisions and relied exclusively on the same telephone contacts. 
Additionally, the restitution of funds was random and did not correlate to the amounts of the unauthorized withdrawals. BofA has not provided a specific statement of the stolen amounts and date of reimbursement, despite my repeated requests ; at this point I am not sure that all missing funds have been replaced. 

XXXX CARD : On my XX/XX/XXXX visit to the XXXX, MA branch, the bank manager told me that my BofA VISA card account was perfectly safe, even though my other accounts had been compromised. I last used the card on XX/XX/XXXX when I realized unauthorized charges were being made. 
Payments for the VISA account had always been made as automatic deductions from a savings account. However, due to the issues with my accounts being hacked, branch personnel suggested I either pay by check or in person by withdrawal from a still existing account. 
On XX/XX/XXXX, I paid {$2900.00} on to satisfy the XXXX bill, and then on XX/XX/XXXX, I paid {$2300.00} for the XXXX bill. For both of these transactions, bank personnel stood with me at the teller and I received written receipts. Additionally I received an email acknowledgement that the XX/XX/XXXX payment had been received. In XXXX I received a bill without itemization, which I assumed was the bill for XXXX, and sent a check for {$320.00} on XX/XX/XXXX ; this check was from my new bank, not a BofA check. Thereafter I received subsequent bills that credited none of these payments. Telephone calls and visits to the branch resolved nothing. I called or visited the bank at least XXXX times and no explanation was given. Between XX/XX/XXXX and XX/XX/XXXX no bank personnel contacted me to help or explain no letter, no email, no phone call. All contact and communication was initiated by me. 
In XX/XX/XXXX, a new branch manager called me and met with me, the first time the bank reached out to me. She was able to figure out what happened. 
The teller payment for XXXX was credited, but the XXXX payment was not, as the bank had failed to unfreeze the account from which the payment was made. The XXXX check had been rejected for reasons unknown. BofA, however, cashed the check for {$320.00} but it was never applied to the VISA. 
Moreover, the bank never terminated the automatic payment of the VISA bills, even though it had frozen the accounts and/or there were eventually no funds. I was told by bank personnel that the autopay would not terminate for 45 days. Throughout this period I received notices of the banks inability to automatically withdraw. 
All the while the bank was charging late payment penalties and interest on the unpaid balance. I also received two collections calls. In XX/XX/XXXX XXXX notified me that the bank had filed a delinquency notice on my credit report. 
In XX/XX/XXXX I had two meetings with the current XXXX bank manager at which she presented her personal calculations of what was owed on purchases. Unable to rely on verbal representations, I requested an official letter from the BofA confirming removal of the delinquency notice, deletion of all penalties and interest charges, and the final amount required to completely close out any VISA issues. The bank manager told me a letter would be sent and followed up twice to check on receipt of the letter. Subsequently she conceded that the Bank would not send a letter and referred me to a vice-president in charge of area banks. I spoke to the VP and she indicated that she would look into the matter. Shortly thereafter, I received emails stating the Bank demanded payment of interest on the VISA card. 
On XX/XX/XXXX, I paid {$2400.00} in cash at the bank representing the remaining amount of actual purchases made with the VISA card. The month before, I had paid {$1100.00} at the specific request of the bank manager. Prior to all this, I have never had a late payment or failed to pay in full in the past ; I refused to pay any of the interest or fees resulting from the Banks neglect and abusive conduct. I did appeal the interest and charges, but the Bank rejected my appeal. 

Contentions : Bank of America ( BofA ) neglected to immediately freeze all accounts to prevent further looting. 
BofA declined my requests for a full accounting of all losses and reimbursements to my accounts. Without this I am unable to determine if I have been made whole. 
BofAs handling of my VISA payments was negligent I did everything a customer would be expected to do, but the bank failed to correctly process and credit payments made in person. 
BofA cashed and deposited but negligently failed to apply check payments towards the VISA balance. 
BofA failed to terminate the automatic payments, and failed to assist with terminating the autopay, knowing the linked accounts had been frozen or had no funds. 
Between XX/XX/XXXX and XX/XX/XXXX, BofA never reached out to communicate with me about these issues. All contact and communication ( at least XXXX times ) were by my calls or visits to the bank branch. 
Until XX/XX/XXXX, no explanation or correction of the corrupted VISA account was provided by the BofA. 
My XX/XX/XXXX request for ( a ) a letter outlining the VISA status, ( b ) removal of penalty charges and interest, and ( c ) removal of the delinquency on my credit status was never complied with, even though the branch manager indicated otherwise. 
In XXXX I paid the entire amount due to the VISA card, as assessed by the branch manager, for purchases made. 
BofA has refused to waive penalties and fees which were assessed due to the Banks negligent handling of the VISA account. 
Bank of Americas negligent handling of my accounts, refusal to comply with my requests for explanations, defamation of my credit status, and resulting collections calls, have caused me physical and emotional distress. The Bank seeks to penalize me for its own negligence, poor practices, and intentional misbehavior.

Company response to consumer: Closed with explanation