Consumer complaint received 2022-07-12
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NY
Product: Money transfer, virtual currency, or money service
Sub-product: Mobile or digital wallet
Issue: Fraud or scam

Complaint:
On XX/XX/XXXX at XXXX I had all my money taken from my Bank of America checking account via XXXX mobile app. I used my card at a store around XXXX. At XXXX a woman named XXXX XXXX XXXX ) added herself to my XXXX account. She proceeded to take all the money I had in my checking account. In increments of {$500.00}, last transaction was {$25.00} total amounting in $ XXXX. 

I had no access to sms or email service on the day BOA speaks of. I was in an area with no service on XX/XX/XXXX. I received none of these alerts/notifications till I came back into brooklyn after XXXX when the emails came in. No text message alerts, only email notifications were sent stating the following : " XXXX '' had added herself as a recipient with the email id : XXXX. " XXXX '' had transferred {$500.00} till " XXXX '' had transferred {$25.00}. I called my bank immediately to let them know. They said don't worry just bring your ID and the compromised card in question to a local bank. 

Next morning, XX/XX/XXXX, I went into the only open Bank of America center available in XXXX, ny. around XXXX I spent XXXX hours at the center. XXXX mins with an in-house representative then XXXX hours on phone calls with BOA representatives XXXX The debit card representative transferred me to a fraud specialist who transferred me to a specific zelle fraud specialist. I was told I would receive temporary credit in XXXX business days, the only thing else I could do was wait and call after the bank holidays ( XXXX of XXXX ) to try to get an expedited review. 

I promptly called on XX/XX/XXXX. Spent XXXX hours on phone calls ( XXXX and XXXX min and then XXXX XXXX ). An expedited review was finally put in. I was told I would hear back in 24-48 hours. I was notified all my accounts would be frozen and a new account number would be provided in place of the one that was compromised.

2 days went by and I had not heard back. I called on the XXXX and a representative candidly told me sometimes it takes longer, but these expedited credits rarely get approved.. 

Today, XX/XX/XXXX, I received a letter ( dated the XXXX ) from Bank of America stating the case is closed and the transaction was valid. No one contacted me. The letter states " Our investigation found that the transaction in question was confirmed valid by you via sms/mms text message response or speaking directly with a fraud detection employee. '' Again I did not have service on XX/XX/XXXX. I did not receive any messages. I do not have any incoming calls from BOA on XX/XX/XXXX. How could I have approved of these transactions. Furthermore, in what sane world would I send everything that was in my BOA account to a stranger. But instead of BOA being customer forward, security conscious and proactively helpful, they sent a denied claim. 

I called BOA immediately to speak with a supervisor. XXXX in XXXX informed me there was not much else that can be done at the moment. There was one opportunity to refile and counter this decision, but would have to file a police report and gather additional evidence. How am I supposed to show additional evidence for phone calls and text messages that were never sent to me? For confirmations and security measures that were never approved by me or sent to me by BOA? I asked about the pending temporary credit that I was to be provided with on the XXXX. I was informed I would not be receiving temporary credit. He suggested to request for a hardship relief to see if the bank can cover that. I was worried this would be a loan situation that I would have to ridiculously take from my own bank to cover for their security negligence. He informed me it wouldn't affect my credit score so I proceeded to place a request for it. In the meantime, the full claim report is being sent to me monday outlining why BOA is deciding to not return my hard earned money back to me after their security failed to protect their customer from fraud.

Someone gained access to my account without my permission. I NEVER authorized the woman or was involved in the transaction. It took place without my knowledge or approval. I had no access to sms or messaging service on the day BOA speaks of. I had no cell service. Federal law Regulation E states it's the bank 's responsibility. It was fraud and my bank wants to do nothing about it. I have been a customer for over 14 years. This is ridiculous!

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 explanation