Consumer complaint received 2021-08-04
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NJ
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
I applied for a Bank of America Credit card in mid XX/XX/XXXX, they emailed me that I was approved, and they will send a card soon in USPS Regular mail. Somehow, I never received a card in mail until 3rd week of XXXX so I called them again and that time representative was surprised to know that I never received card in first place so he told me they will send new card via XXXX  and I should receive card in 2-3 business day, after couple of follow up calls I finally received my card at early XXXX. I checked my emails and look like they have sent same number credit card again because in both emails they had same 4 end digits. After receiving a card, I was trying to set up my account online but was not being able to set up since this card was through XXXX  so in order to set up an account I called them couple of time after work but due to afterhours or very long wait time I could not talk to anyone and honestly I got busy for some days and have not set up online account. Finally, on XX/XX/XXXX I set up an account with help of Representative and very same day after setting up an account I received an email from Bank that my credit card bill is around {$1200.00} and that was a suspicious for me as I never use that much credit but I could not get much details from that email and when I called they told they will send a statement later and from that I will have more idea. I received a statement in mail XX/XX/XXXX and noticed 4 unauthorized charges worth of {$1000.00} which were charged back in XXXX first week ( XX/XX/XXXX & XX/XX/XXXX ) in Florida so immediately I called Bank and file my first Claim. They immediately gave me credit and told me investigate the case, and also sent me a new card with different number on this. around in 2 months I noticed those charges back in to my account and asked them a reason so they told me that they have reasons to believe that these are legitimate charges and they need solid proof, I asked them what kind of proof they are looking for and offered them to submit a police complain or show a proof from job that I was working those days and never left XXXX area etc. but she told me that Police report should be sufficient so I filled a Police Complain regarding fraud and reopened my dispute case with bank providing police report again for next 2 months they were just investigating the case and results were same, I called multiple time after that and got a hold of supervisor and informed about whole scenario and begged to reopen the case and ask if something I can do from my side for an evidence that helps in this case and they told me police report is already on file so it should be fine but again same results and after so many calls I thought going different way and submit a complain through XXXX and also asked them to reopen the case but they told me that they can not do anything further and will send my information to credit reporting agencies for their comment and they will help me to get my credit back but I am still waiting to hear back from Credit company. 

In my defense I have told to multiple representatives that this was a Pandemic time and I work in XXXX XXXX, so I never left my home state XXXX, also these charges are dated back in first week of XXXX when I did not even received a card. I have also filed a complaint for a same reason in local police station. When they asked me why I was late acknowledging these charges I told them that my account was never set until XX/XX/XXXX and without that how can I see charges on my card which was already made but nothing helped. 

This all were the reason that I paid all my other charges to bank and only did not pay for those 4 charges worth of {$1000.00} which I never made. During this Tedious process I suffered a lot by lots of calling to different departments of Bank even after a lot of time they hung up on me, I personally went to couple of neared branch of bank to resolve this in personally but they gave me the same number and had to wait longer time, also went to police station for a complaint and I am keep getting a call from Debt department from Bank of America regarding a payment on every second day, I have told them multiple times that I am not paying these charges because my case is still being investigate at Bank and this are not my charges but still keep getting calls from them which was really scary for me as an Immigrant in this Country. This whole situation is very harassing, difficult and scary for me as I keep stay under fear that this will affect my credit and I will be kicked back to my country and for that reason I decided multiple times to pay this charges so can get some relief even though I have never committed in a first place but then realized since these are not my charges I will not pay this {$1000.00} and any interest on that amount and ask help from other platforms.

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