Consumer complaint received 2021-05-15
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem with a lender or other company charging your account
Sub-issue: Transaction was not authorized

Complaint:
Answer to Complaint # XXXX XXXX XXXX XXXX, Res Special Bank of America Regulatory Complaints XXXX, NC XXXX Re : Case # XXXX Accounts Ending in : XXXX ; XXXX & XXXX Dear XXXX XXXX : In response to your letter of XX/XX/XXXX, I feel several details should be put straight which you so conveniently reported inaccurately. 

On XX/XX/XXXX, my husband and I spoke with XXXX  XXXX  and XXXX  XXXX  at the XXXX XXXX  Branch of BofA. They called the BofA Fraud Department. They put a woman on speaker and told her what happened on XX/XX/XXXX. XXXX was to give her name and a claim number, but we never received it. 

During the conference call, the woman said, Anyone can use anybodys name and it means nothing! I find that frightening. If someone had used my name, title and company while I was a VP with XXXX, the repercussions could have been catastrophic. 

The scam email you tracked in your system providing us information on how to protect ourselves, we received on XX/XX/XXXX. It was from XXXX ; Dated SATURDAY, XX/XX/XXXX @ XXXX ; Subject : C, outsmart scammers with these tips and more. A copy is attached. Your email was a little late since the scam occurred on XX/XX/XXXX. ( copy attached XXXX XXXX XX/XX/XXXX, I scheduled a payment using your online Bill Pay to pay our credit card for {$1900.00} using our NEW account ending in XXXX. Later that night, I received an email indicating account ending in XXXX was overdrawn. That account had been placed on HOLD due to the gift card scam earlier in that week. 

I spoke with XXXX, CSR, at XXXX on XX/XX/XXXX. He informed me there had been a glitch in your Bill Pay system and our credit card payment of {$1900.00} was not deducted from the proper account. 

S asked if we had overdraft protection and I told him No. He checked just to make sure and confirmed we did not have overdraft protection. He put in a request to use the correct checking account ending in XXXX. Plus, since we did not have overdraft protection and it was an error/glitch in the system, the payment would be kicked out and put back into our XXXX account. XXXX copy overdraft protection attached ) On XX/XX/XXXX, I spoke with P at XXXX regarding a {$1600.00} deposit into our acct ending in XXXX. He told me it was from overdraft protection on a credit card ending in XXXX. I informed him we dont have overdraft protection. He told me I needed to check with the other 2 people on the acct ending in XXXX. But he wouldnt tell me who they were. I told him my husband, didnt have another account and my sibling wouldnt be that stupid. Also, her credit card has nothing to do with our accounts. Not to mention, I didnt even know she had a BofA credit card. 

I called my sibling. It was her credit card. Her credit card was issued in XXXX, years before we became BofA customers. She called your CSD and spoke with XXXX. He confirmed overdraft protection was on her credit card. She told him she never gave authorization and to remove it immediately. We put her on our accts when they were opened. She didnt have the account numbers. There is NO BofA in XXXX, TN, where she was living in XXXX. 

XXXX  said he was reading Ss file notes from the night before. He, too, confirmed we didnt have overdraft protection. He went on to mention our notes indicated we were victims of fraud on XX/XX/XXXX. I said, Yes, we were and I mentioned the XXXX number. He acknowledged recognition that phone number as a BofA phone number. XXXX  then gave me a number to call and request the duplicate payment be refunded to the proper account. 

On XX/XX/XXXX, I spoke with XXXX at XXXX regarding the duplicate payment. Since XXXX  XXXX  and XXXX  XXXX  didnt change our contact number on our account profile at our meeting, she refused to help. 

I then spoke with XXXX at XXXX who took care of everything with no problem. However, she indicated it would take between 2 to 10 days to reverse BofAs computer glitch. 

My position is found in my Notes. They summarize my conversations with XXXX XXXX XXXX XXXX  and the woman on the conference call ; XXXX, XXXX, XXXX and XXXX  calls which match with my cell phone bill as to date, time and even duration of call. Our file at BofA should confirm the discussions. 

The few hours of research last night and I found the attached articles and information about BofA that includes fraud, thief, scams, negligence, kickbacks and lawsuits. Therefore, do not treat me as if I dont know what I am talking about and BofA is above reproach. NO ONE IS. 

To be frank, I am dumbfounded at your statement regarding BofAs overstated arrogance on scams, fraud and hackers. Just look at the EDD system in CA, VA, NJ, MD and NCs unemployment fraud and hackers. California was hit the worst according to what I read. But, BofA made the most in swipe feesover {$32.00} mil in XXXX. Which, I believe is the last year BofA reported the mandatory annual amount. 

XXXX XXXX, you can conveniently advertise, indicate and even delude Bank of America customers, yourself and the regulatory department into believing security is a top priority and that you are fully committed in taking the necessary precautions to protect against fraud. However, Bank of America is responsible for what happened to us based on the lack of communication, necessary due diligence, negligence and deliberate disregard for your customers. It took 3 days for you BofA to contact us regarding the XX/XX/XXXX charges. But my husband can charge {$310.00} on XX/XX/XXXX and within less than XXXX XXXX BofA has closed down our credit card and is requesting authorization. 

Our accts have been reviewed and changed by someone at BofA at least twice that I can prove. When you log on the main screen it tells the last time for security from an outside threat. 

On XX/XX/XXXX, I spoke with a teller at the XXXX XXXX Branch. She confirmed when someone from BofA accesses your acct it doesnt show on the main screen. 

Someone put a Phishing phone number as our secondary phone number. We didnt have one after XX/XX/XXXX. AND, the other time was on XX/XX/XXXX at XXXX and XXXX. I was on a flight with my Mother. My husband doesnt have the Used ID or password and has never used BofA on-line access. 

I believe I have carefully reviewed your correspondence and wanted to let you know, my husband and I are expecting to be reimbursed from BofA for the full {$10000.00} for the gift card scam.

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