Consumer complaint received 2024-01-04
Product: Checking or savings account — Checking account
Issue: Opening an account — Account opened without my consent or knowledge
Company: BANK OF AMERICA, NATIONAL ASSOCIATION (TX)

XX/XX/2023 XXXXReceived a letter in the US mail stating that our company XXXXXXXX XXXX XXXXXXXX XXXX XXXX had applied for a credit card from Bank of America and been denied. We did not apply for any credit card. Made 7 phone calls and spoke with 8 different people regarding this, eventually spoke with one who informed us that there was a business checking account, business savings account, and debit card issued to someone not associated in any way with our company. They would not give us any information citing privacy laws. We were told we would have to travel to another city to appear in person at a banking branch to prove who we were, what our relationship was to our company, and that we had not authorized these accounts to be opened. We made appointment and traveled to facility the next morning and spent two hours with a bank employee who was given the same run around. We did have a very old personal checking account at Bank of America and when XXXX logged into the phone app he discovered that some of the fraudulent person 's information had been cross pollinated to his personal login information ( two phone numbers and an email address ). He updated the phone app to remove the erroneous information after notating it separately to provide to police. We were told that the bank would take 90 days to complete their investigation and would be in contact with us should they require any additional information. We were told that the accounts had been opened on XX/XX/2023 by someone online and via webcam. Today we received an email from Bank of America that listed an address in XXXX and requested sensitive business information ( which we had provided the previous day in person ). We called their Fraud and Claims department at XXXX to express concern that the address was that of the fraudulent person and the letter indicated that a paper copy had been sent to the address listed. XXXX also noted at this time that the fake phone numbers and email address had NOT been removed from our personal account and so we went online via desktop computer to remove them again. We then contacted XXXX XXXX Police to file a report. We are very concerned that a random person with no ties to our business was allowed to open an account via webcam with XXXX documentation that they had any association with our company, without any personal identification ( ie, drivers license ) and yet we were forced to travel to appear in person to prove our identities and provide documents proving our association with our own company in order to have the accounts shut down.Bank of America should change their policies in opening business-related banking accounts and require documentation of business ownership/association, personally identifying information, and require the opening party to appear IN PERSON at a facility to open said accounts. This is what we had to do in order to open our legal, lawful banking accounts. The individual who opened these accounts should be prosecuted for fraud. 

RESPONSE FROM CFPB : This complaint lists someone the company does not recognize as their customer or their customers authorized representative. 

We reviewed your complaint and sent it to the company for a response. The company let us know that it cant respond because this complaint lists someone who is not listed on the account or loan or authorized to receive the consumers financial information. 
Companies are required to protect their customers privacy. Companies can not share consumers financial informationincluding as part of the complaint processunless everyone listed in the complaint is also listed on the account or loan or authorized by the customer to receive financial information. Companies can require that their customers provide signed, written permission directly to the company before sharing financial information with a third party, such as a lawyer, guardian, or power of attorney. 
COMPLAINT ID XXXX SUBMITTED ON XX/XX/ PRODUCT Checking or savings account ISSUE Closing an account