Consumer complaint received 2023-11-13
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Checking or savings account
Sub-product: Other banking product or service
Issue: Managing an account
Sub-issue: Funds not handled or disbursed as instructed

Complaint:
On XX/XX/2023 I received an automatic alert email from Bank of America that my account balance had dropped below {$100.00}. I opened up my account and saw that there were three unauthorized charges. The first was for {$7500.00}, the second was for {$3100.00}, and the third was for {$4500.00}. These charges appear to have been made to a credit card. The description for the transaction referred to " XXXX XXXX XXXX XXXX XXXX  ''. I do not own a such a card, nor do I have any knowledge of anyone owning such a card, and I certainly did not make a payment to that card. 

I immediately called Bank of America and reported the unauthorized transactions. On XX/XX/2023 I received an email from Bank of America, attached as Exhibit XXXX XXXX XXXX stating that the transactions were validated via an authentication code sent to my phone number, and therefore they would not return the funds that were transferred from my account without authorization. 

I did not receive any authentication code nor did I validate these transactions. I asked Bank of America to send the documents they used in their investigation, which they did. These documents are attached as Exhibit " XXXX  ''. These documents indicate that these unauthorized transfers were made from XXXX, FL, based on the IP address of the devices used. Although I reside in XXXX, FL, on the date of the transactions at issue I was in XXXX XXXX, NY visiting family. See attached Exhibit " XXXX  '' and Exhibit " XXXX '' containing my cellphone geolocation data and airline tickets respectively, which confirm that I was not in XXXX, FL on the date in the question and therefore could not have initiated those transactions. 

I requested that they look further into the issue and I sent them my text message phone logs, attached as Exhibits " XXXX '' and " XXXX '', indicating that I received no validation text messages from Bank of America, together with a notarized letter containing my sworn statement that I did not initiate those transactions nor was I in XXXX, FL on the dates at issue. On XX/XX/2023 they sent me an email, attached as Exhibit " XXXX '', stating that they can not approve my claim 'because the transaction in question was completed using a device that is consistent with previous account activity '. 

During the course of the above mentioned correspondence, and afterward, I visited Bank of America to seek guidance on any further steps I could take to pursue my claim. However, these attempts proved futile and Bank of America representatives provided little, if any, assistance. 

On XX/XX/2023, I filed a police report concerning this incident, attached as Exhibit " XXXX '' and " XXXX ''. On XX/XX/2023 I called Bank of America to see what other documentation I could send so that could reopen my claim and continue their investigation. They suggested that I send them a credit report to show that I don't have a " XXXX XXXX XXXX XXXXXXXX XXXX ''. I provided said credit report, attached as Exhibit " XXXX '', as well as the abovementioned police report to Bank of America. However, on XX/XX/2023, I received a letter from Bank of America stating that my fraud claim has once again denied, attached as Exhibit " XXXX XXXX 

I have exhausted all efforts to resolve this claim with Bank of America. Upon the advice of my attorney, I have filed this complaint, with the hopes of resolving this issue without needing to resort to filing a lawsuit to recover these funds. 

Thank you,

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