Consumer complaint received 2026-01-27 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: TN

Complaint narrative:
CLAIM NUMBER : XXXX I am filing this complaint regarding Bank of Americas handling of a fraud claim involving unauthorized debit card transactions and its refusal to comply with Regulation E requirements, including the issuance of provisional credit.

I timely reported unauthorized electronic fund transfers on my checking account and provided evidence supporting that the transactions were not authorized by me. Bank of America denied the claim and issued a written decision stating that the charge was authorized by you or made by someone who has permission to use the card or account. This conclusion was made without providing any affirmative evidence of authorization, such as a signed receipt, authentication records tied specifically to me, merchant documentation proving authorization, or proof that I granted permission to any third party. 

After I disputed the denial and requested reconsideration, Bank of America reopened the claim. Despite reopening the investigation, Bank of America has refused to issue provisional credit. Multiple representatives and supervisors have stated that because the claim was found not in my favor and later reopened, it is categorically ineligible for provisional credit. I was also told that nobody can help and that no escalation beyond customer service supervisors is available.

This position is legally incorrect and inconsistent with Regulation E. A reopened claim is not final and remains under investigation. Once an investigation is ongoing and authorization is disputed, Regulation E protections apply. Regulation E allows a financial institution to extend an investigation up to 45 days only after provisional credit is issued ; it does not permit a bank to withhold provisional credit in place of it. Bank of America has not identified any specific Regulation E exception that would justify denying provisional credit during a reopened investigation and instead relies on internal policy, which does not override federal law.

Bank of Americas denial and continued refusal to issue provisional credit are based on assumptions and hearsay rather than substantiated findings. Statements suggesting the transactions were authorized because of account history, spending patterns, device matching, or the possibility that someone with permission may have used the account do not establish authorization under Regulation E. The burden of proof rests with the financial institution once authorization is disputed, and Bank of America has failed to meet that burden. Additionally, I did NOT AUTHORIZE these transactions and had a complete ACCOUNT TAKEOVER WITH EVIDENCE!!!!!

Additionally, Bank of America representatives have stated that there are no Regulation E compliance managers available and that only customer service supervisors exist, effectively refusing compliance escalation while continuing to withhold my funds during an active investigation.

As a result of these actions, I have been deprived of access to my funds, experienced financial hardship, and been subjected to an investigation process that does not comply with federal consumer protection law.

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