Consumer complaint received 2025-01-06 00:00:00
Product: Checking or savings account — Checking account
Issue: Opening an account — Account opened without my consent or knowledge
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL

Complaint narrative:
A new business checking account was fraudulently opened by a corporate member who holds a XXXX XXXX  stake in the corporation, in the name of a business for which I am the legally registered agent and XXXX XXXX owner, without my knowledge or consent. This account was opened with the XXXX XXXX stakeholders residential personal home address listed as the principle business address for the account, with all business bank statements and any other correspondence being sent to the members personal home instead of the business. This action constitutes a direct violation of our official business operating agreement and may also contravene the standards upheld by most financial institutions. 

Upon becoming aware of this account, I personally visited the main Bank of America branch to address the issue immediately. I presented the original signed, dated, and fully executed business operating agreement, along with a legal copy of the state-registered articles of incorporation for the LLC, which formally designate me as the XXXX XXXX majority owner and official registered agent of the corporation. 

Despite having these legal documents in hand to present to them, several Bank of America managers refused to discuss the matter with me, as I was not listed on the newly opened checking account. They refused to provide any information regarding the fraudulently opened business checking account, nor would they accept any complaints related to it. The only response I received was that the current account owner ( the XXXX XXXX stakeholder ) would need to add me to the account or grant permission for me to be added. They also offered to open a new checking account under the same business name and Tax ID, solely listing me as the account holder. 

Since the account 's opening in XX/XX/year>, Bank of America has allowed this XXXX XXXX stakeholder to pay off a personal auto loan that was also funded through their institution, while facilitating the embezzlement of over XXXX figures through the corporation. This situation leaves me, as the XXXX XXXX majority owner, responsible for the financial records of the corporation while being unable to prevent ongoing fraudulent activities associated with this business checking account. Furthermore, the bank has permitted this XXXX XXXX stakeholder to cash and/or deposit multiple checks that were fraudulently endorsed and made out to a completely different corporation, of which I am the sole owner, with each check deposited exceeding {$5000.00} in value. 

When I attempted to file a complaint regarding these additional fraudulent check cashing activities happening through this account, I was once again informed since I am not listed on the account, they can not engage in any discussions with me about the account. They further stated that this is a civil matter and advised me to file a legal complaint through the court system which was already done long before this whole situation even occurred.

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