Consumer complaint received 2024-04-12
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)

MY RESPONSES TO YOUR LETTER :... we enclosed documentation we relied on to make our decision about your claim, on XX/XX/XXXX, and XX/XX/XXXX, we the documentation was mailed to the address on file. The documents reflect the card you reported never received was activated on XX/XX/XXXX, using your credentials. Additionally, the documents also reflect transactions that were not disputed within the same timeframe as the transactions in dispute. 
( If there were transactions not disputed in claim, it is a error made by BoA on XXXX XXXX. ) Our research identified a pattern of transactions that paused once the balance was depleted, and then continue when the account was funded, reflecting knowledge of the account. 
( This person had control of my XXXX account which is how he kept getting my benefits. Having control of XXXX and BOA accounts they would know the details of when money was deposited. ) Please note that Bank of America must follow all rules and regulations governing customer disputes. As such, claims filed with transaction dates more than 130 days in the past are not subject to Federal Regulation E rules. 
( Not having access to my accounts until XX/XX/XXXX, I was completely in the dark regarding any transactions. ) Therefore, your claims did not qualify for temporary credit. 
( I filed claims immediately after I found out about transactions on my account. 

You are making it seem like you have no idea how fraud works and I am just as clueless, which is far from the truth. ) This is the third time I've had to file a complaint about this issue. Bank of America has wrongfully denied my disputed transaction claims. There is a claim for {$9400.00} and one for {$47000.00}. I have filed a police report and provided it Bank of America, I also provided copies of e-mails and screenshots taken early XX/XX/XXXX between me and XXXX support, XXXX XXXX  and XXXX XXXX. These show that I was locked out of my accounts right around the time these transactions started. Large amounts of transactions were done via XXXX however I had been locked out of that account as well as several of my e-mail accounts during the time the transactions took place. It was brought to my attention by Bank of America Claims representatives that they never received documents related to XXXX, XXXX XXXX and XXXX XXXX  therefore I am resubmitting them here and faxing them to Bank of America directly. To further illustrate that these transactions were not my doing nor did I ever authorize them, I am also attaching hospital records which show the XXXX XXXX I sustained XX/XX/XXXX a and my prolonged hospital stay from XX/XX/XXXX to XXXX XXXX after my XXXX XXXX XXXX. The XXXX XXXX XXXX XXXX XXXX I suffered left me XXXX in my XXXX  XXXX. After I filed my first complaint with CFPB, I was contacted by a complaint resolution representative from Bank of America and was told he was going to look into my complaint. This consisted of him sending me a recap of my interactions with Bank of America, and a copy of their terms and conditions. And then his conclusion was, " as no fraud was deemed to have occurred for claims # XXXX and XXXX, the Zero Liability policy does not apply. '' This response was ridiculous and insufficient because all he did was tell me what happened and then state an obvious fact. I am aware that they think no fraud was committed, that was my entire issue and reason for my complaint! He did not provide me with any supporting documentation or explanation. The only time I have received copies of the information they used to come to their decision was long after their decision had been made. And that consisted of a piece of paper that had one of my e-mail addresses ( XXXX ) on it and a very vague statement that this email was used to log in with that e-mail using a one time passcode as way of authorization. That's it. That is all they used to come to their decision, and I find this unethical and a violation of their terms and conditions due to the fact that the email address they were referring to was one of the emails I had been locked out of therefore whoever controlled the email also received the one time passcode to verify. When I was contacted in XXXX of XXXX and informed that all of my information and BoA bank card was found in the residence of a deceased person, I was finally able to regain access to my emails, my XXXX account and my BoA account. If the person who had taken over my identity was now in fact deceased, It made sense for me to resume the use of my email addresses that had been mine long before XXXX. Bank of America 's investigation and their determinations seriously make me question their understanding of how identity theft can prevent the card holder from performing the most basic verifications associated with their account. I have never been treated so unfairly and so poorly by a financial institution in my life, and they are refusing to return my money to me with absolutely no valid reason.