Consumer complaint received 2020-05-20
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
Product: Checking or savings account
Sub-product: Other banking product or service
Issue: Managing an account
Sub-issue: Problem making or receiving payments

Complaint:
I am writing to request the CFPB to intervene the fraud/scam incident that I encountered. Recently, I have listed my Sofa and XXXX set and also my King Bed and Mattress set for sale on XXXX XXXX. Individual ( under the username : Sold it somewhere else ) called himself " XXXX '' contacted me on XX/XX/20 with phone # : XXXX and he started that he is interested in buying my sofa and XXXX   set and is in the process of moving to the neighborhood and that he is interested in furniture and electronics mainly. He emailed me a fraudulent check of {$1500.00} USD through his email : XXXX, and said the {$1500.00} will cover the sofa and ottoman set plus movers fee. So, I deposited the check through my Bank of America Mobile Banking App. The {$1500.00} was listed as CLEARED on my Bank of America online banking statement and fund {$1500.00} appeared to be available in my bank account the next day XX/XX/20. Believing that the check was cleared and on the same day XX/XX/20, I transferred {$1000.00} through XXXX XXXX to his movers ( @ XXXX at XXXX XXXX, then XXXX XXXX with email : XXXX through XXXX XXXX. Note that both these transfers were attempts that failed. ) The movers fee of {$1000.00} out of the {$1500.00} check eventually was successfully transferred to XXXX XXXX with email : XXXX through the XXXX XXXX  ( XXXX confirmation # : XXXX ) through my Bank of America. And the agreed date of moving the furniture was Sunday XX/XX/20 at XXXX. On XX/XX/20 later in the day. " Buyer '' XXXX voiced interest in purchasing my king bed and mattress ( listed for {$600.00} ) from me as well. He again emailed me another fraudulent check of {$1900.00} USD for the bed and mattress with again additional mover fees included through his email : XXXX. I deposited the check on XX/XX/20 into my bank account through my Bank of America Mobile Banking App. The next day Saturday XX/XX/20, the deposited {$1900.00} was listed as CLEARED on my Bank of America online banking statement and the fund appeared to be available in my bank, and so once again I believed that the {$1900.00} check was cleared and proceed to transfer the amount of {$1300.00} out of the {$1900.00} check, as requested by buyer XXXX, to his other mover from a private moving company according to XXXX. He said this private moving company needs additional deposit before picking up the furniture on agreed date on Sunday XX/XX/20. Being naive and new to XXXX XXXX ( believing XXXX XXXX is backed by the Bank of America with buyer protection as Bank of America has heavily advertised and urged his clients to utilize XXXX XXXX to transfer fund ), I transferred the {$1300.00} to XXXX XXXX  ( phone # : XXXX ) as provided by " buyer XXXX '' through XXXX XXXX  ( XXXX conformation # : XXXX ) through my Bank of America App. Once the fund transfer was initiated by me, immediately I received a pop-up message on XXXX XXXX  that this transfer is held for fraud. At this point, I am suspecting fraud/scam. Feared for the worst, I contacted Bank of America on the phone to hold the transfer and was informed that it was likely placed on Fraud Hold, but was told the XXXX Recall Center is closed for the weekend until Monday XX/XX/20. This individual " XXXX '' further insisted that I need to transfer more money through XXXX XXXX, and claimed that his checks were not fraudulent as the check were cleared by my bank and this was not a scam. He further insisted that I need to send him more money through XXXX to another mover with an account at @ XXXX XXXX on XXXX XXXX. I refused XXXX request as I suspected fraud, and immediately proceeded to call the XXXX XXXX XXXX  per advice by Bank of America. 
Bank of America explained that only XXXX XXXX XXXX  is able to let me know if the checks of {$1500.00} and {$1900.00} were valid checks. Bank of America explained to me that the check were CLEARED under status on my online banking activity statement based solely on my relationship with my bank and is not actually an indication that the checks were valid. Dumbfounded, I called XXXX XXXX XXXX, and was able to confirm that the account # and routing # on both checks are linked to a legitimate account at XXXX XXXX XXXX, but the associate on the phone urged me to get definite confirmation from their branch on Monday XX/XX/20 when the branch location is open again. I also contacted XXXX non-urgent police department to look for suggestions for the situation. It was explained to me that I am not legally obligated to transfer this individual XXXX any more money as his checks were deemed fraudulent by my Bank of America at this point. 

XX/XX/20 is the last date I spoke with this individual named " XXXX '' on the phone # XXXX. This phone # XXXX is now no longer in service when I called on Monday XX/XX/20 after I was able to confirm with the XXXX XXXX XXXX  Branch location ( ph # : XXXX ) that both checks of {$1500.00} and {$1900.00} that I was emailed/given were tied to a legit account with XXXX XXXX XXXX  ( account # : XXXX, check # XXXX and check # XXXX respectively ), however when the teller at XXXX XXXX branch location took the extra step to call the account holder to confirm, it was clear that the checks were un-authorized, and so they were fraudulent. The bank account # : XXXX that is tied to entity XXXX XXXX XXXX, XXXX at XXXX XXXX  XXXX XXXX in XXXX, AL XXXX is now frozen by XXXX XXXX Bank according to the teller on the phone with me on Monday XX/XX/20. To my understanding from the teller on the phone, XXXX XXXX XXXX  had received other reports on fraudulent activities on the bank account # : XXXX at XXXX XXXX XXXX  that is tied to : XXXX XXXX XXXX, XXXX at XXXX XXXX  XXXX XXXX in XXXX, AL XXXX. 
I have since filed with local XXXX Police Department with case report # : XXXX. I have also filed out a Compliant Referral Form with IC3 Internet Crime Compliant Center of FBI division. I have also requested Bank of America to attempt a XXXX XXXX  Recall for the amount of {$1300.00} and {$1000.00} transfer. I was informed by Bank of America that even the {$1300.00} transfer is still being processed, likely the fund can not be recalled. Bank of America told me that the {$1000.00} XXXX XXXX  transfer ultimately went into an account at XXXX XXXX XXXX XXXX, and the {$1300.00} XXXX XXXX  transfer went into an account at XXXX XXXX XXXX. I was advised by Bank of America to contact Law Enforcement and FBI with this fraudulent incident as the banks will not disclose any bank accounts information that my money {$1000.00} and {$1300.00} went into, unless requested by Law Enforcement only. And I am still awaiting assigned local detective to reach out to me to discuss my case in details and if a subpoena can be obtained in my case in order to locate possible suspects and criminals so that I could proceed with filing with Small Claim Court at XXXX. I can be reached by phone at XXXX. And I still have all the information on my phone and my email with these scammer organization and criminals as evidence. I have also filed compliant with Federal Trade Commission regarding this and my lost of {$2300.00}, despite the fact that I was mislead into believing the fraudulent checks were " CLEARED '' by Bank of America, and was told a XXXX Recall has been initiated for me from XX/XX/20-XX/XX/20. I was explained by Bank of America that my bank will reach out to XXXX XXXX XXXX  and XXXX XXXX XXXX XXXX on my behave and let them know that I am requesting a recall for the {$1000.00} and {$1300.00} XXXX Transfer. On XX/XX/20, I was informed otherwise by a supervisor at the XXXX Recall Department at Bank of America that actually no action/recall has been initiated on my behave, and she apologized to me for being misinformed previously. And that I did filed a compliant with this supervisor, but was told that Bank of America will only apply additional training and potential disciplinary action internally if applicable.

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