Consumer complaint received 2025-11-25 00:00:00
Product: Money transfer, virtual currency, or money service — Mobile or digital wallet
Issue: Unauthorized transactions or other transaction problem — 
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NY

Complaint narrative:
I accidentally unlocked my Bank of America app while thinking I was simply unlocking the phone to allow a woman to change music on my XXXX app while we were in my bedroom. As a consequence, I was defrauded of $ XXXX in wire transfers from my Bank of America accounts, not including other transfers via XXXX and XXXX. I provided the details below to Bank of America within hours of the woman leaving my house ( as soon as I realized this had happened ), but the bank took no action to freeze the transaction while an investigation ensued. Since the receipient was a Bank of America accountholder and I notified them the same day this should have been a relatively easy action for them to take. I am unaware of them having questioned the other accountholder and instead the " investigation team '' repeatedly told me that given my thumbprint was used and text message verification took place via my phone that this was a valid transaction regardless of my detailed explanation and the inordinate sum of money transferred in the middle of the night. 

I was eventually able to bring this to the local ( XXXX ) precinct in XXXX, NY after being directed by the FBI ( after filing an XXXX form ), but the detective told me that Bank of America did not respond to their subpoena requests for information regarding the party who received the XXXX wires of {$10000.00} and {$15000.00}. Since Bank of America appears to be negligent in conducting or assisting in this investigation, since they are precluding the local authority 's efforts, my next options seem to be to either hire a laywer or contact the FBI. I would like to recover my funds by any means necessary - whether it means suing Bank of America directly. Below is a letter I sent to Bank of America with more details from that night almost 5 months ago. 

-- - On the evening of XX/XX/year>, I hosted several guests at my residence. In the early morning hours of XX/XX/XXXX, XXXX women remained. During this time, XXXX of them began engaging in flirtatious behavior in the living room, expressing interest in a potential threesome. 

It is now apparent to me that the entire idea of a threesome was a premeditated attempt to gain access to my funds via my mobile phone based on the number of unauthorized transactions ( including via XXXX linked to credit cards ) and the fact that the same woman who proposed the idea never engaged in any XXXX ( or even physical ) conduct. Moreover, as a sanity check, the amount of money in question ( XXXX $ XXXX ) should raise a red flag - as this is an amount I might send once in a single year for business purposes. 

Given I contacted the bank the same day I was aware of the issue should further support my case that this was not authorized and further investigation with the other party and/or police should ensue. However, I am precluded by my precinct from filing a police report unless I receive a letter from Bank of America citing the fraudulent transactions under investigation. As a result, I can not file a police report ( their rules ) and my only other recourse would be to hire a lawyer to subpoena wire transfer records in order to move this forward. I would request that at a minimum you contact the other individual to establish the validity of over $ XXXX in transactions and for what purpose was it sent. As I said, this is a criminal matter and yet I do not immediately have recourse to attempt to recover these funds beyond working with Bank of America. Please note, however, that I filed an FBI XXXX form and I am currently working with the NY Attorney General to attempt to find additional options to recover funds. 

Getting back to that early morning, the XXXX of us then went from the living room to XXXX XXXX and I began making out with XXXX of the guests. Given I am now aware that my thumbprint had been used on the BofA app, I would like to note that this is exactly what I use ( thumbprint ) to unlock my phone when I would have unlocked my phone to change XXXX stations. I believe at some point I had the phone unlocked and the other woman in XXXX XXXX was looking through various accounts on my mobile. I must have unlocked the BofA app instead of the phone itself at some point in the night once a boring song came on for me to change. Perhaps, she changed the song to a genre I dont like knowing I would put my thumb on the phone and attempt to change stations- while unintentionally opening the BofA app. However, to be clear I was completely distracted at that time making out and touching, although at no point did we engage in XXXX. It was the fact that I had no expectation of being in a scheme to be defrauded, thus my guard was down, coupled with being in bed with XXXX woman and the possibility of a threesome that I wasnt paying attention to usage of my phone. 

Accidentally leaving your phone unlocked when you believe it is next to you and no one else is using it allowed this to happen, but I would never have expected someone to go through great lengths ( e.g., looking through my phone while it was temporarily unlocked and then opening the BofA app so that when I went to change the music station I end up unlocking the app instead of the phone ). I had no idea why the other woman was not partaking in a threesome, but I didnt want to pressure her and figured she was not comfortable. Looking back, I recall the other woman holding my head to keep me from looking around the way, which at the time I interpreted as her wanting my physical attention, but now realize this would have been a moment when the other woman was handling my phone. 

Focusing on the elements of wire fraud : -The defendant voluntarily and intentionally devised or participated in a scheme to defraud another out of money. 

The woman I was making out with attempted ( and succeeded therein ) to distract me from any phone usage and the other woman gained access to my phone. In the process, she wired money to herself, sent as much as possible via XXXX and even accessed and changed my XXXX password without my knowledge or consent. 

-That the defendant did so with the intent to defraud. 

It is clear to me now that this was premeditated with an intent to defraud me. That the woman who proposed a threesome never engaged physically but instead spent that time wiring money out of my bank account demonstrates intent from XXXX XXXX in time she proposed the idea. 

-That it was reasonably foreseeable that interstate wire communications would be used. 

This is clear, as my mobile phone would have been required - using text message verification. 

-That interstate wire communications were in fact used. 

The woman impersonated me ( with access to my mobile phone ) by confirming via text message that these transactions sent to herself or a related party were valid. 


To be absolutely clear : I never gave either individual permission to access my phone or financial accounts. 

The transfers were made without my knowledge, authorization, or consent. 

I am prepared to provide testimony and pursue both criminal and civil action once the incident is formally recognized as fraud. 

I respectfully request that Bank of America provide an affidavit or confirmation of fraud so I can continue pursuing legal action and work toward recovering the stolen funds. Moreover, I would request that as part of this investigation you contact the other party and request information regarding the validity of these wire transfers. Finally, any effort to work with the local police or federal authorities on my behalf would be immensely helpful in resolving this matter. I fully suspect that I am not the first person who has been defrauded by this woman and believe I can easily get a conviction if I go through the time and expense to hire a lawyer for this purpose. Ideally, however, I do not have to take such extensive action to resolve the matter.

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