Consumer complaint received 2024-07-02 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: IL

Complaint narrative:
I am a victim of fraud on my debit card with Bank of America. Bank of America failed to implement adequate and sufficient fraud monitoring on my account My debit card was stolen. All of the fraud charges took place between XX/XX/XXXX and XX/XX/XXXX in XXXX when I was in the United States. While I did travel to XXXX with my wife, XXXX XXXX, I arrived there on XX/XX/XXXX and we departed XXXX on XX/XX/XXXX before any of the fraud began ( I sent BofA all of the following the documentation to prove I was not in XXXX when the fraudulent charges took place : passport stamps, visa, flight info proving the arrival and departure dates ). 

I initiated my disputes on XX/XX/XXXX ( XXXX separate claims were created ) and Bank of America has denied the claims. When I called to find out the reasons for the denial, below is a summary of what I was told and my response to each reason : BofA agent : I checked in on my account several times and did not report anything My response : I did not check what transactions were happening on my account because I dont use this account for any transactions so I had no reason to check on the activity. I use this account for deposits, some bill pay, and to pay my credit cards which I use for my daily spending and transactions. 

BofA : I had known my card was lost XX/XX/XXXX but didnt report it until XX/XX/XXXX My response : This is not true. The very first time I learned my card was stolen was XX/XX/XXXX while I was on the phone with BofA reviewing the fraud transactions because the agent on XX/XX/XXXX asked me if I had my physical card. So, I opened up my wallet to get it and only then saw it wasnt there. I am sure this is all captured on that call recording. 

BofA : On XX/XX/XXXX, I received a text asking for authorization for a charge to XXXX XXXX on XX/XX/XXXX My response : a ) there is no record of any charge to XXXX XXXX on XX/XX/XXXX in the transaction history meaning it either never occurred or I clearly did not authorize it so it was declined, b ) there is no record of this text anywhere on my phone, c ) I would never have authorized any charge like this since I was no longer in XXXX. 

BofA : After the card was turned off on XX/XX/XXXX, there is no showing of declined attempted charges My response : I cant speak to this, I have no idea why this is or how long this is monitored for, or why the fraudsters did what they did. 

BofA : I made multiple deposits My response : I only made direct deposits and mobile deposits in which I never looked at my transaction history when making deposits. None of the deposits required my physical card, none were done at an ATM or in-person at a branch BofA : Charges fail to resemble a true fraud pattern My Response : I dont know what this means or what a true fraud pattern is. When I look at it, it looks like clear fraud to me since the bulk of the transactions are at electronics, clothing, and jewelry stores. 

I am deeply concerned about this and am asking for immediate investigation and action to address this issue.To provide the full background and context, I traveled from New York XXXX to XXXX ( northern XXXX ) on XX/XX/XXXX, arriving on XX/XX/XXXX. I was accompanied by my wife, XXXX XXXX, for a family wedding. I departed from XXXX XXXX in XXXX XXXX on XX/XX/XXXX. These travel dates are documented in my passport immigration stamps, and I have included my e-visa documentation, which matches the visa number in my passport stamp. I have also included my flight confirmation details. 

During my time in XXXX, I did not use my debit card for any transactions except for XXXX ATM withdrawal in XXXX. XXXX is approximately XXXX miles from XXXX, where I never used my debit card. My card was stolen while I was in XXXX, and it was used to make over XXXX fraudulent transactions after I had already left XXXX to return home to XXXX. 

Upon my return to the United States, there were no transactions made using my physical debit card. The only transactions were through XXXX and XXXX ( indicating my presence in the XXXX using stored card information in my Lyft/Uber accounts ), direct deposits from my employer, mobile banking deposits of physical checks, and long-established auto-payments. This stark contrast in usage should have triggered fraud alerts, but none were raised. 

As a customer who rarely uses their checking account for day-to-day purchases, I did not immediately notice the fraudulent transactions. Additionally, it was a period where I received bonus income from my employer which is not a regular occurrence, giving me no reason to scrutinize my account closely. XX/XX/XXXX, I received a low balance alert in my account which I knew would be very unusual so I looked at my account and that was the first time I discovered these fraudulent transactions. I immediately contacted Bank of America and began the dispute process. It was during the phone call with Bank of America that I first learned my physical card was missing and not in my wallet. Again, I never use this debit card to make in person charges, I only use my credit cards, therefore, I had not noticed it was not in my wallet until I was on the phone with the BoFA agent making the dispute. 

Despite these clear indications of fraudulent activity, Bank of America initially denied my dispute claims. The transactions in question are inconsistent with my established usage patterns, and no attempts were made by the bank to confirm these unusual transactions with me. I never authorized anyone to use my debit card, nor did I provide my card information to any person or business in XXXX. I was clearly back in the United States when all of the fraud began.

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