Consumer complaint received 2024-12-16 00:00:00
Product: Checking or savings account — Checking account
Issue: Managing an account — Problem using a debit or ATM card
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA

Complaint narrative:
I've filed a dispute with Bank of America after learning that my debit card was included on the stolen item in my vehicle. 

On XX/XX/year>, I accompanied my father-in-law to the XXXX XXXX located in XXXX, CA. We arrived at approximately XXXXXXXX XXXX XXXX XXXX. upon returning to our vehicle, we discovered that the passenger side window was broken, and after inspecting the car, I realized my phone had been stolen. My father-in-law contacted the XXXX police, who advised us to file a report online since the incident was not life-threatening. At that time, I was unaware that my Bank of America ATM card, along with my XXXX card, had also been taken. As I am new to the United States, I was unfamiliar with the procedures to follow beyond contacting the police. Initially, I thought I had simply misplaced my ATM card at home. After my husband purchased a new phone for me, I accessed my mobile banking app and discovered unauthorized transactions. I informed my husband as I was uncertain about the next steps. He then attempted to XXXX Bank of America on XX/XX/XXXX at around XXXX XXXX but was unable to reach live representative. We subsequently reported the stolen debit card to XXXX Police after confirming that my ATM cards was among the stolen items. We once again contacted Bank of America and filed a dispute. I've asked if we have to submit documentation regarding the incident. Bank of America representative said will contact me if they need anything from me. 

I made a follow up call to Bank of America on XX/XX/year> and spoke to a representative he mentioned that the claim was denied due to a verification of the transaction which was confirmed and validated at the time the unauthorized transaction was made. I explained that on the day our vehicle was broken into, I stressed to the representative that i was only aware that my phone was stolen and not my debit card. I only became aware after my husband had purchased my a new phone and was able to access my email and mobile app. After discussing this matter, I was advised to submit the relevant documentation to Bank of America via fax or go to the local branch. 

I complied and visited a local branch on the same day and provided the necessary information including written statement, police report, and XXXX  new sim card activation. After 4 days I followed up Bank of America and I was informed to allow few days for the investigation. Bank of America did not provide me a temporary provisional credit because they said it was reopened dispute. I stated that Bank of America should reconsider its decision, overturn the initial denial, correct the initial determination and provide the appropriate temporary provisional credit while expediting the processing of my claim. 

The decision to deny my initial claim without requesting and reviewing the essential documentation, including the police report is unfair. This lack of due diligence raises significant concerns about the fairness of the the dispute process and integrity of the decision-making involved. 

My dispute up to now has not been resolve, and the status has changed and no longer states on my mobile app that the charges are under investigation/dispute. 
Bank of America has not provided me any information regarding my dispute. The assertion that the denial of my claim negates the provision of a temporary credit is unacceptable, especially since the denial was not based on factual evidence but rather on an incomplete assessment. I intend to file a small claim lawsuit against Bank of America if this complaint is ignored. 

FRAUDELENT CHARGES IN DISPUTE ARE XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

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