Consumer complaint received 2024-09-12
Product: Prepaid card — Government benefit card
Issue: Problem with a purchase or transfer — Card company isn't resolving a dispute about a purchase or transfer
Company: BANK OF AMERICA, NATIONAL ASSOCIATION (CA)

To Whom It XXXX Concern, I am submitting this formal complaint regarding Bank of Americas handling of my claim for unauthorized transactions. After my initial complaint with the CFPB on XX/XX/2024, I received an email on XX/XX/2024, from XXXX XXXX, a XXXX XXXX at Bank of America, acknowledging my concerns and confirming that she would be my point of contact. Despite my verification and multiple follow-ups, I have yet to receive any of the requested documents or an adequate explanation regarding the denial of my claim. Instead, I continue to receive the same generic response that Bank of America provided prior to my CFPB complaint. 

-Key Legal Concerns : XXXX. Violation of the Electronic Fund Transfer Act ( XXXX ) and Regulation XXXX : Under the XXXX Fund Transfer Act ( 15 U.S.C. 1693 et seq. ) ** and **Regulation E ( 12 C.F.R. Part 1005 ) **, I am entitled to an investigation into any unauthorized transactions on my account and the right to request the evidence upon which the bank relies when denying my claim. Despite Bank of America stating that their investigation identified multiple factors indicating the transactions were authorized by me or someone I authorized, they have consistently failed to provide any documentation to support this conclusion. I have requested this information multiple times, both over the phone and in writing, but have been met with generic responses. 

XXXX. Failure to Investigate and Provide Timely Response : As per **Regulation E**, the bank is obligated to complete an investigation within 45 days and provide a clear explanation along with supporting evidence if a claim is denied. Bank of America 's refusal to provide this evidence, despite repeated requests, suggests a failure to meet their obligations under the law. Additionally, I followed up on XX/XX/XXXX and XX/XX/2024, but received no substantial response addressing my request for documentation or a detailed explanation for the denial. 

XXXX. Unlawful Generic Responses : The repeated use of a generic response that does not address the specifics of my case violates the requirement for good faith investigations under **Regulation E, 1005.11 ( c ) **. Bank of America 's generic replies have failed to show any meaningful review of the facts I have provided. This lack of proper communication and failure to address my individual concerns demonstrates a disregard for the rights of consumers to be provided with a legitimate investigation. 

XXXX. XXXX XXXX XXXX : The transactions in question occurred during the height of the XXXX pandemic, when quarantine orders were in place. During this time, I spent the majority of my days at home, rarely leaving, even for essential needs such as groceries. Bank of America has made no effort to take this context into account, despite me explaining this in my initial claim and follow-ups. Their failure to consider this important fact further demonstrates the inadequacy of their investigation. 

XXXX. Unfulfilled Promises of Follow-up : On XX/XX/2024, XXXX XXXX XXXX XXXX she would be handling my case and that I could expect further communication and responses in writing. Despite this, I have received no meaningful follow-up, except for a letter on XX/XX/2024, which was identical to previous communications and did not provide any additional clarification or evidence. This pattern of behavior suggests a lack of seriousness in addressing my claim. 

Request for XXXX : I am requesting that Bank of America be required to : XXXX. Provide a detailed explanation, including all documents and findings, that support their decision to deny my claim, as required by **Regulation E**. 
XXXX. Reevaluate my claim in light of the additional information regarding the XXXX quarantine restrictions, which severely limited my physical ability to engage in the disputed transactions. 
XXXX Review their communication practices to ensure that future claimants receive proper and individualized responses, as mandated by the law. 

Bank of America 's failure to investigate properly and to comply with their legal obligations under the **EFTA and Regulation E** is unacceptable. I ask the CFPB to take action to ensure that Bank of America conducts a fair review of my case and provides the appropriate documentation Thank you for your attention to this matter. 
Claim XXXX