Consumer complaint received 2026-01-06 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: NY

Complaint narrative:
I am disputing Bank of Americas denial of my debit card fraud claim involving unauthorized ATM cash withdrawals associated with the merchant labeled XXXX XXXX in XXXX, NY. 

Between XX/XX/scrub> 2025 and XX/XX/year>, multiple unauthorized ATM cash withdrawals and associated ATM fees were posted to my debit card on the following dates : XX/XX/year>2025 {$41.00} withdrawal + {$2.00} ATM fee XX/XX/year>2025 {$200.00} withdrawal + {$2.00} ATM fee XX/XX/year>2025 {$41.00} withdrawal + {$2.00} ATM fee XXXX XXXX, 2025 {$200.00} withdrawal, {$51.00} withdrawal + {$2.00} ATM fee XX/XX/scrub>, 2025 {$41.00} withdrawal + {$2.00} ATM fee XX/XX/scrub> 2025 {$61.00} withdrawal + {$2.00} ATM fee The total amount of unauthorized withdrawals and fees is {$650.00}. 

I did not make these withdrawals, and no one was authorized or given permission to use my debit card or PIN. After discovering the unauthorized activity, I promptly reported it to Bank of America and filed a debit card fraud claim. 

Approximately XXXX months ago, Bank of America issued me a replacement debit card and I also changed my PIN. Despite these security measures, unauthorized ATM withdrawals continued to occur, demonstrating that I did not authorize these transactions and that the fraudulent activity persisted even after corrective actions were taken. 

Bank of America denied my claim after an initial review and a re-evaluation, stating that the transactions were authorized by you or made by someone with permission. This conclusion is incorrect. 

Bank of America has not provided evidence demonstrating authorization, such as verified PIN usage attributable to me, ATM camera footage, or transaction authentication records. Under Regulation XXXX, the burden is on the financial institution to demonstrate affirmative authorization, and recurring transaction patterns do not constitute proof of authorization. 

Additionally, Bank of Americas claim amount of {$530.00} is incomplete, as it does not include all unauthorized withdrawals and ATM fees posted during the full period of fraudulent activity outlined above. The correct total of unauthorized transactions is {$650.00}. 

Given the repeated nature of these ATM withdrawals at the same merchant location over several months including after my debit card was replaced and my PIN was changed. I am requesting that the ATM operator and merchant location associated with XXXX XXXX be investigated for potential security failures or improper transaction handling. 

In an effort to identify the individual responsible for these unauthorized ATM withdrawals, I contacted local law enforcement and filed a police report in person at the XXXX XXXX location. Law enforcement responded to the location following my XXXX call, and I provided details regarding the repeated unauthorized ATM withdrawals occurring there. This report was filed to document the fraud, preserve evidence, and request access to any available surveillance footage from the ATM associated with XXXX XXXX. 

In addition, during my efforts to understand how this fraud occurred, I discovered a publicly available consumer review on XXXX associated with XXXX XXXX in which another individual reported unauthorized debit card charges occurring at the same location. While I am not making allegations based solely on this review, it further supports the need for a thorough investigation into the ATM operator and merchant location associated with these repeated withdrawals. 

I am requesting CFPB assistance to ensure Bank of America conducts a compliance-level review, provides all documentation relied upon to deny my claim, coordinates any necessary investigation into the merchant or ATM operator involved, and reimburses the full amount of unauthorized debit card withdrawals and fees totaling {$650.00}, in accordance with Regulation 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 explanation