Consumer complaint received 2024-04-15 00:00:00
Product: Checking or savings account — Checking account
Issue: Problem with a lender or other company charging your account — Transaction was not authorized
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NY

Complaint narrative:
A transaction ( amount : {$2500.00} ) was made with a Bank of America debit card I never received in the mail on XX/XX/2024. Upon receiving the bank 's app alert asking whether I had authorized the activity, I promptly responded no and declined it. Then I called the bank to report the fraud, during which the associate confirmed that she saw my response indicating the decline of the transaction. There were more fraudulent transactions after that call, and I have disputed them all with another call. XXXX, on XX/XX/2024, I found the transaction ( amount : {$2500.00} ) I declined still went through, so I called the bank again to file a claim. The bank hastily closed the claim on XX/XX/2024 saying it was unable to pay back the amount. 

My complaint is that the bank did not research well and it has the responsibility to protect consumers. I have compelling evidence that the transaction was not made by me : XXXX ) The non-delivery of the plastic card made it impossible for me to have authorized it. Prior to the fraudulent transaction, I could only make withdrawals from ATMs using a temporary virtual card. This was necessitated by the fact that the physical card, which I was expecting to receive in the mail since XX/XX/2024, never arrived. 

XXXX ) My XXXX 's location services have always been active so I have evidence from the data showing I was at home when the transaction occurred. The data clearly show that I had been at home until XXXX pm on XX/XX/2024. In the afternoon I went to see a XXXX show and the data precisely show I was in the XXXX XXXX area between XXXX pm and XXXX pm on XX/XX/2024. I can provide screenshots of the location services data records. 

XXXX ) As the phone was on me, I immediately saw the bank 's app alert asking whether I had authorized the activity on XX/XX/2024, and I promptly responded no and declined it. I can provide the screenshot of the alert and my response of declining it. This can also be corroborated by reviewing the initial phone call I made on XX/XX/2024 to the bank, during which the associate confirmed that she saw my decline response of the transaction. 

To summarize, the fraudulent transaction was made using the plastic card that I had been anticipating but never received in the mail. The location data records show that I was at home when the transaction happened. I immediately declined the transaction upon seeing the alert message in the bank app. 

If the card was not delivered safely into my hands, shouldn't the responsibility for covering the charge fall upon the bank? Moreover, despite my decline, the transaction still went through. Shouldnt the bank be responsible and stop the payment immediately? 

With the substantial evidence Ive mentioned, which I could all provide, I don't believe my claim should be closed so hastily, and I believe further investigation needs to be done. The fraudulent transaction should not be paid by the customer.

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