Consumer complaint received 2016-12-29
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MD
Product: Bank account or service
Sub-product: Checking account
Issue: Using a debit or ATM card

Complaint:
I received a fraud alert on my home telephone from Bank of America regarding charges made in XXXX with my debit card number and pin from my checking account. I contacted Bank of America immediately when I received the message from my home phone in XXXX and Bank of America asked if I had lost my debit bank card and I confirmed that I have the card in my possession, I did not report it lost and it has never been out of my possession. They informed me that someone had my card number and my pin number, and was making charges against my checking account and I confirmed that the charges made to my debit card account were not made by me nor authorized by me and the fraudulent check deposited to my account in XXXX was not deposited by me, and that I have never ever been to XXXX. The withdrawal from my account in XXXX was not withdrawn by me. I informed Bank of America again that I currently have and have always had my debit card in my possession, it has not been reported lost by me and it has never been out of my possession. Bank of America initiated a claim and credited my account, and informed me that they would conduct their investigation and would contact me upon the results of their investigation. That night I spoke with XXXX different people at Bank of America and a duplicate claim was initiated although, I explained that a claim had already been initiated by the first person I spoke with. The duplicate claim caused my account to be credited twice. Bank of America allowed the fraudulent charges to be debited to my account. Upon completing their investigation, Bank of America concluded that I authorized these charges. They said that a duplicate card was not used that it had to be the original card that was used and there was no way that anyone could have gotten my debit card number and pin number unless I had given my pin number. I was told that there was no way anyone could have known how much money was in the account unless I told them. Bank of America credit adjusted the account on XXXX/XXXX/16 for {$160.00}, {$160.00}, {$100.00}, {$100.00}, {$62.00}, {$62.00}, {$300.00}, deposited {$4000.00}, allowed fraudulent transactions to post to account XXXX/XXXX/16 for {$160.00}, {$100.00}, {$62.00}, credit reversed on XXXX/XXXX/16 for {$160.00}, {$100.00}, {$62.00}, {$300.00}, on XXXX/XXXX/16 return fraudulent check {$4000.00}, credit reversal XXXX/XXXX/16 for {$160.00}, {$100.00}, {$62.00} from my account for the fraudulent transactions. I called to find out why did they take money from my account and I was told that it was determined from their investigation that the transactions were authorized by me. After making several phone calls to speak with supervisors, and going into local branches four times, I was told by XXXX bank representative in the claims department that I needed to file a police report and that they have actual footage from their investigation of an individual using the ATM to make the fraudulent deposit, but they would not provide the information to me but they could provide it to the police. The XXXX County Police said that this is considered an event between me and the bank since they were in the process of conducting an investigation and that it has to be resolved with the bank, therefore a police report would not be filed, but instead an event number would be provided. I provided the officers name, telephone number, and the event number information to the bank, and they have concluded again, that their original decision was correct and consider the dispute closed. I feel that I have been treated like a criminal, when I am the victim here. I thought being a loyal customer for nearly 30 years, that my rights as a customer, that Bank of America is there to protect me and insure that my money is insured from the criminals that are out there committing fraudulent crimes against innocent hard working citizens.

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