Consumer complaint received 2024-05-27 00:00:00
Product: Prepaid card — Government benefit card
Issue: Problem getting a card or closing an account — Trouble getting, activating, or registering a card
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA

Complaint narrative:
This is a email i wrote to this lady that reached out after my fiirst cfpb complaint basically saying i was going to deal woth her and then never heard back. After calling basically evey day to check status and trying to get any anwcers I can and I receive nothing but what seems like a script being read from these reps. And let me tell you i talk to them so much that i kno witch rep im speaking to before they tell me there name so sheet the lady time i called and i her to put in another teconsideration i decevide to try and reach this lady who emailed me after the first complaint, explaining the details of my situation. 

This message is for XXXX XXXX XXXX, My name is XXXX XXXX and I am responding to your email for the second time in regard to my claims with Bank of America XXXX XXXX XXXX As well as the c f p b complaints I have put in. 

I originally tried to put in a dispute or a claim on my Account due to the fact that I never received a card. Yet there are in total {$28000.00} worth of transactions that we're not initiated by me the consumer. 

I submitted the complaint with a c F p b Due to the lack of information given to me by prepaid Card holder services. While I've tried navigating through this dispute process. I originally tried putting in a Dispute after not receiving a card and then receiving information from cardholder services that there were in fact transactions being made.This was in the year XXXX. Before I heard anything back. I was in a car accident which led me to be hospitalized. A couple years later, when I'm trying to. 
Get the status of the claim. I was informed that not only did I have to go into the branch to verify my identity and call you guys from the bank 's phone but that they had no record of my original dispute which is shocking to me and that I had to start everything over. This was XX/XX/XXXX again. I hear Nothing back or receive. Explanations through the mail. I reach out agand finally. Hear something back after 6 months. And that was the same as before that there was no information on my claims. Not until this third time was able to put in a claim and actually receive Claim numbers and here a total amount of transactions that were made By someone using My name and social security number, So now as I'm calling pretty much every day. To check the status, I'm told that. 
Even though, The electronic funds transfer act. Reuglarion E. Gives a financial institution 10 days to complete investigation or to issue a provisional credit if it's going to take longer. That I will not be receiving a payment due to the timeline. 
I go on to mention that had my original claims been properly handled.This would not have been an issue for multiple reasons which I will list below. 

XXXX ) The moment that I reached out and was told by e. EDD to contact the financial institution to check status of my benefits. I called, that's when I was informed. That there was transactions being Initiated.I then let the financial institution know that I have not received a card.so there is fraud going on. Regardless of me getting into an accident and not being able to follow-up the card should have been placed on a hot status.Blocked or otherwise stopped for making any more unauthorized transaction. And from the list of transactions I have disputed that was not done. Just from that simple fact, the liability now falls on the financial Institution. 

XXXX ) Being at the law states that you guys have 10 days to perform an investigation or provide the provision on payment. I don't understand how the people that I'm allowed to talk to on the phone. Not the back office. Simply state that it's not a guarantee. Nowhere in that regulation?, Does it say anything about Provisional credit " may ot may not being a guaranteed '' Also I have XXXX separate claim numbers for XXXX claim. Because I'm told that there was transactions that had to be pulled from the archive. And so a supervisor had to file those transaction claims for me. So the claim for {$10000.00}, was denied on the 10th day of me calling. Yet the {$18000.00} clait wasn't denied until long after 10 days of pass. Being that they're basically the same due to the fact that they're under the same account. I'm not seeing how I'm being denied provisional credit. 
If again the original claim was properly handled, I would have been well within the time frame of the 60 days past the last statement issued. But that doesn't seem to be the case. 

XXXX ) Another issue I'm having. Is that your prepaid Card service Representatives are not exactly trained well. In regards to the rules and procedures that have to be conducted when it comes to these matters and if they are. They are pretending as if they don't know what I'm talking about.One person told me I would have to Put my claim in writing to receive provisional credit later.To find out that is not the case XXXX ) I was. 
Asked by a prepaIid card services representative to to send in supporting documents such as my identification card as well as medical record of selling my hospitalization. 
Not having anything to hide I simply. Say o k and prepare the proper documents, I was given a fax number and told to include the claim numbers on the cover.Sheet as well as instructions stating that the paperwork was intended for XXXX XXXX XXXX. 
So I send off the fax and when I call back to check the status to see if my forms Have Been attached. I am told that I sent the documents to the wrong number even though the representative gave me that number. So now some random fax machine. Has my personal information along with my ID and social. When I ask to speak to the supervisor to find out who is liable for that? I'm told that there are no supervisors and that everyone that answers.The phone essentially is given the same information, Being that I was told in the beginning stages of the third attempt to file this claim that I had to be transferred to a supervisor to address the archived transactions. 
I can only conclude. That this statement made by the representative was not true that they were refusing to transfer me to a manager. 
Furthermore. I then find out after looking into the laws and regulations Myself that the financial institution is not allowed to require me to submit medical records. 
As a conditional bases on the decision of my investigation. As well as HIPPA directly states that this is not alloud. When I bring up those facts? I am told that the financial institution didn't require it that they asked me to voluntarily send it, which was not the case if you look back on the recorded line. Of these conversations. 
They stated that I needed to send those records.Not that I can voluntarily submit Those documents they did not eliminate it as if I had a choice in the matter but that it was required XXXX ) So being that regulation XXXX under the electronic funds transfer act requires the financial Institution..No more than XXXX business days to complete an investigation or otherwise provide provisional credit while conducting the investigation. 
I Don't understand the reasoning behind me. Not receiving the provisional credit at the very least. From the XXXX claim due to the fact that they took much longer than 10 days. 
It is to my understanding that the rules put in place by XXXX requires the financial institution to conduct the investigation within 5 days and this was not the case. 

XXXX ) Being at 12 c f r 1005.2 ( b ) states that the only information A consumer has to provide.Is their name and address to verify that They are in fact The consumer and not fraudster, So Requiring that, I go into a branch. Submit my I to verify identity and then use their phone to call. 
Was. 
Extremely extremely hard for me to do but being that I need my benefits I made it happen. Not only that but being that I was able to verify my identity over the phone the third time after Not receiving any proper information regarding my first XXXX attempts on trying to get my benefits, That requiring me to find a way into a branch was not necessary and it only created a hardship for me the consumer. And to require me to submit documentation. Like My medical informchin so that my case can be futther supported is a violation in and of itself in regards. To the code of federal regulation. And Conditioning, my investigation based off of the lack of paperwork is also a violation even though I have submitted paperwork once to a wrong fax machine number given to me by a representative of XXXX XXXX XXXX  but also to the correct number. And a packet i mailed off to a XXXX XXXX XXXX XXXX XXXX My supporting documents have not been attached to my case. When I when I try to inquire why this is. I'm simply told that it's on " snail '' that is, making it take too long and also that the fax machine is shared. By everybody in XXXX XXXX XXXX.This is department who is receiving my documents to the claim This is not reassuring for me as a consumer. And regardless of my paperwork not being attached or not.You guys are conditioning my investigation based off of that paperwork XXXX ) I have made several Request for documentation regarding to my claims. 
Those documents were as followed XXXX ) Reasons why my claim for {$10000.00}. What's denied I was told that initial document of denial should have been mailed to me.I have not received any documents regarding this claim.Or the other claim of {$18000.00} in the mail Whatsoever the only information I get is when I call in myself XXXX  ) I had requested a hardship and a reconsideration to be placed on the denial Of {$10000.00}. That was also denied.And I requested documentation on the factors that the financial institution based their decision on I have not received any documentation XXXX ) I have made requests for any disclosures that are required by the f t c be given to the consumer that I may or may have not gotten I have not received any answers on that or any documents in the mail XXXX ) I requested due to the Mismanagement of my documents as well as my claim to be provided with. 
Any formas, such as the notice of claim form. The EFT unauthorized work flow forms sample.E! FT errorr report forms, and any denial forms, alsl any denial, and/or acceptance of provisional credit letter None of which I could even get an answer on over the phone nor have.I received any documentation in the mail regarding any of the above stated matters to to this day, Sunday XXXX XXXX XXXX ) I am requesting. 
Those documents not only to see if the proper channels were being taken when documenting my claims but alsou match up any Trigger dates that were not taken into consideratsend when executing the investigation of my claim. These are again important to not only me the consumer, but in the interest of the financial institution to determine liability which to my understanding after having to familiarize myself with the rules and regstations of said financial institutions operating. And distributing XXXX, debit cards, etc.I find that the liability falls under the bank and that I should have been provided at the very least.The provisional credit if not paid out completely for my claims being that they have been mismanaged from the start. 

XXXX ) Being that both claims have been denied and I have submitted multiple reconsiderations. I am told now that I have to wait in additional 45 days for a response from Bank of America 's XXXX XXXX XXXX  back office and that there is no way for me to contact them regarding these matters. It is as if all of the representatives over the phone are reading from the same script they all state. They are going to submit complaints for me and escalations. But every time I call nothing has happened. I was able to get XXXX representative to read a letter over the phone. That was supposedly sent out to my address. XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX  XXXX XXXX XXXX, which simply stated that they denied my claim based off of credentials that were used to activate my account belong to me as well. As. A merchant providing information that they did not list in the letter.So then I had to request what those factors were and I have yet to receive anything. 

XXXX ) I would like. 
To know as well that I try to talk to anybody higher than the representative like a supervisor or manager because I wanted to determine the definition of authorized transactions as it pertains to regulation. XXXX and state that 12CFR-1 005.2. ( M ) as well as 12 CFR 1005.2 M - ( 3 ). If if read it correctly, qualifies my claims as unauthorized being that I never received a card from the beginning. So not only Am I being told, that im denied based off of credentials. Being used to access the account in reference. But that a merchant is providing informission, which I have not been provided with said information. IS the reason behind the denial of my benefits that were in fact stolen from me. With the help of bank of america being They have gone on record stateing that they have allowed XXXX XXXX dollars to be put into the hands of scam artist. To make me fight for something that I worked for that was given away by you guys for over XXXX years now Is completely unacceptable and has led me to look at my options which leads me to my eighth concern. 


XXXX ) I have requested over the phone.Please refer to the conversations, I Had requested information on whether or not there was an arbitration clause that I had to abide by as a consumer or if I had look at the options for small claims court,, Being that small claims court has a limit of {$10000.00} and my claims are over that amount. I was trying to find any information on whether or not I had to take it to a federal a quart or if I can simply put the dispute into arbitration and I was given XXXX information on the matters simply was told that they don't know who I would talk to. Or if I wanted any more information to contact e. D. D, These factors are very important for me to assert my rights as a consumer and being that the very representatives that I am forced to deal with, and I am not allowed access to anybody who is actually handling. My investigation is outright ridiculous and from my understanding. These errors not only regarding regulation. E And the CFRs, can pushed up to UDAP, Which I can only conclude will cost the financial institution way more. 
Money, then it would if they just remained in honor and kept clean hands while conducting the investigation of my claim being that I'm a federally protected consumer.. 

In conclusion being that the Representatives that the consumers are forced to deal with.Not only are uneducated, ill-informed and/or reading from a script provided by their employer.That Only makes the process for the consumer extremely difficult. But the timelines are dragged out and I have stated over and over again in my hardships that I need my benefits. And when I try to figure out what my options are as far as litigation. I am led down another long path. That leads to XXXX answers on who is liable for the miss handling of my case. Not only that, but my paperwork and the original information that was given to a scammer. To obtain benefits that I worked for and paid into. 
At this point being that If I am able to find a way to either A. hire an attorney to find out the necessary information for me to Sue Bank of America XXXX all of these Violations violations Under the EFTA the CFR the UCC as well as the privacy act of 1974, I will be requesting compensation for damages. Emotional damages and hardships that I have Endured while trying to get My benefits. ThatI paid in to that's not only as Tax payer United States of America, But a Federally protected consumer. I am prepared to do whatever it takes to assert my rights even if it means handling the case myself because the financial institution seems to think that they are above the law and They don't realize that I am not XXXX of these regular ill-informed consumers who don't read anything. That i Am extremely well read and studied and I've only spent the last few weeks Studying the rules procedures and regulations required to operate as a financial institution and have a very good understanding of what i'm reading even though I've had to re learn a lot of basic functions after my accident. That I will Either be refunded, my benefits that were mismanaged by this institution. Or I will be compensated for my time. Damages and any other remedy allowed to be presued by me the consumer under the law, I'm asking that I simply be provided benefits that I had coming. 
And instead i have been led down this extremely long path of in my opinion has been nothing but Examples of dishonor the financial institution Bank of America 's behalf. I asked that you please look into these matters promptly as I am on The Verge of losing my place of living. 
Even though I have done everything asked of me. To help do what I can to speed this process along. I am very discouraged to even call in and try to address any of these items listed above because, as I stated before, everybody seems to give me the same answers when it comes to the representatives of XXXX XXXX XXXX Claims department. Witch honstly feels that its doing just what its designed to do. Witch is fatigue the consumers into submission. And now being that both claims were denied and I have put in reconsiderations on both of them.Am I gon na have to wait even longer and during this whole time? I have not received XXXX document in the mail giving me any form of reasoning or factors on how that decision was made, It's like I have to beg for something that I worked for and that is not acceptable. I ask that you do get back to me as soon as humanly Possibe because I need my benefits immediately. As they are essential to my survival at this point and I am not in the position where I can wait and wait. For people, on the other hand to handle these matters of which I can't even dispute or question the actual people investigating these claims I have made. 

I thank you for your time and effort XXXX XXXX. Feel free to reach me at this email address. XXXX XXXX day or night Sincerely, XXXX XXXX. 

Claim # ( XXXX ) XXXX, XXXX XXXX Mail : 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 explanation