Consumer complaint received 2025-02-14 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: GA

Complaint narrative:
Urgent Follow-Up on Unresolved Fraud Complaint Dear Bank of America , I am writing as a formal follow-up regarding my previously submitted fraud complaint, which remains unresolved despite my repeated attempts to seek redress. 

Bank of America has engaged in obstructive tactics, preventing me from directly reaching the fraud department while maintaining a dispute resolution process that lacks inbound call access. Consequently, I have been subjected to an exhausting cycle of lengthy wait times and transfers between managers, none of whom have provided meaningful assistance. 

To date, Bank of America has wrongfully taken over $ XXXX from me in connection with this fraud claim. Instead of offering appropriate recourse, the bank has not only failed to restore a portion of these fraudulent charges but has also unjustly pursued me for additional sums because of the time I reported fraud. Moreover, these fraudulent charges have been reported on my credit file, and my accounts have been closed as a result for transactions I wasnt aware of. Currently in dispute with a company called XXXX which is company that allows remote access for virtual work to see if that has any correspondence with this the fraud on my account since they stole my identity and had direct access to all my personal information and login info to anything on my laptop. I had fraud issues with chase and XXXX XXXX during these times, both who ruled in my favor and returned my funds and said I was victim of elaborate scam. 

Given the severity of these financial and legal ramifications, I demand an immediate review of my case and the reversal of any improperly assessed charges. It is entirely unacceptable for Bank of America to pursue me for debts that have been determined fraudulent. If this matter is not promptly addressed, I will be left with no choice but to escalate my complaint through legal and regulatory channels. 

I expect a prompt response and a resolution without further delay. Please provide written confirmation of the steps Bank of America will take to rectify this situation. 

Subject : Urgent Legal Demand Unresolved Fraud Complaint & Unlawful Debt Collection Practices In addition : This letter serves as a formal demand for immediate resolution of my fraud complaint, which remains outstanding despite my repeated efforts to obtain relief. Bank of Americas handling of this matter not only constitutes bad faith but also raises serious legal concerns under both federal and state consumer protection laws. 

Violation of Fair Credit Billing Act ( FCBA ) and Unfair Debt Collection Practices Pursuant to the Fair Credit Billing Act ( 15 U.S.C. 1666 et seq. ), a card issuer is required to investigate and resolve billing disputes, including fraudulent transactions, in a timely manner. I have submitted clear evidence of unauthorized transactions totaling over {$150000.00}, yet Bank of America has failed to properly investigate or credit my account for fraudulent charges. Furthermore, continuing to pursue me for charges that have been identified as fraudulent constitutes an unfair and deceptive practice under both the Fair Debt Collection Practices Act ( FDCPA, 15 U.S.C. 1692 et seq. ) and the Consumer Financial Protection Act ( 12 U.S.C. 5531 et seq. ).

Unlawful Credit Reporting & Breach of Contract Bank of Americas decision to report these fraudulent charges to credit reporting agencies and subsequently close my accounts without due process constitutes a violation of the Fair Credit Reporting Act ( FCRA, 15 U.S.C. 1681 et seq. ). Under this statute, furnishers of credit information are obligated to ensure that reported information is accurate and to conduct a reasonable investigation into disputed claims. Failing to remove fraudulent charges from my credit file constitutes willful noncompliance under 15 U.S.C. 1681s-2 ( b ) and exposes Bank of America to liability for damages, including statutory and punitive relief. 

Obstruction and Bad Faith Handling of Fraud Disputes In addition to these statutory violations, Bank of America has actively obstructed my ability to resolve this matter by : Using call-routing tactics to prevent direct access to the fraud department ; Requiring me to navigate an unreasonable process that involves excessive hold times and repeated manager transfers, effectively denying me a fair dispute resolution process ; Maintaining a dispute department that does not accept incoming calls, thereby preventing timely communication. 

This pattern of conduct not only violates consumer protection laws but also constitutes unconscionable business practices under state Unfair and Deceptive Acts and Practices ( UDAP ) laws.

Immediate Demands and Next Steps In light of the above, I formally demand that Bank of America : 1. Immediately refund all fraudulently charged amounts and cease collection efforts related to these transactions ; 2. Remove all negative credit reporting associated with these fraudulent charges and provide written confirmation of the same ; 3. Provide a full written explanation of Bank of Americas failure to properly investigate and resolve my dispute in accordance with federal and state laws.

Should Bank of America fail to take immediate corrective action, I will have no choice but to escalate this matter through formal complaints to the Consumer Financial Protection Bureau ( CFPB ), the Office of the Comptroller of the Currency ( OCC ), and state attorneys general, as well as pursue legal action to recover damages.

Sincerely, Subject : Urgent Legal Appeal Fraud Dispute & Unfair Debt Collection Practices To Whom It May Concern, I am formally requesting immediate attention to my fraud dispute with Bank of America concerning multiple credit card accounts under my name. After more than a year and a half of failed attempts to reach the appropriate decision-making department, I was finally able to speak with XXXX XXXX in the executive escalation team, who is now assisting in my investigation. The fact that it has taken this long to reach a representative with actual decision-making authority raises serious concerns about the integrity of Bank of Americas fraud dispute resolution process. 

Failure to Conduct a Reasonable Investigation & Due Process Violations For over XXXX months, my fraud dispute was repeatedly denied through automated messaging, without any meaningful review of the facts or consideration of the complexity of the issue. Each time I attempted to engage with Bank of America, I was subjected to an inconsistent and disorganized processwhere one representative would note my account, only for another to miss critical information and force me to start over. 

Furthermore, I have been denied direct access to the very department responsible for making final determinations on my dispute, as they do not accept inbound calls. This lack of transparency and due process in reviewing my case is a clear violation of the Fair Credit Billing Act ( 15 U.S.C. 1666 et seq. ), which mandates that a card issuer conduct a reasonable investigation into any disputed charges. The banks failure to engage in a fair and consistent review process deprives me of my legal rights under this statute.

Unjustified Threats of Charge-Off & Negative Credit Reporting While my fraud investigation is still pending, Bank of America has unjustly threatened to charge off my accounts, further compounding the harm to my financial standing. These accounts continue to accrue interest, increasing my financial burden, despite the fact that the underlying charges remain in dispute. 

Bank of Americas actions in this regard may constitute unfair and deceptive practices under the Fair Credit Reporting Act ( FCRA, 15 U.S.C. 1681 et seq. ) and the Consumer Financial Protection Act ( 12 U.S.C. 5531 et seq. ) by reporting and attempting to collect fraudulent charges without conducting a good-faith investigation. At no point has the bank offered a partial resolution, a repayment arrangement, or any alternative solutiondemonstrating a complete disregard for the financial harm being inflicted upon me, a long-standing customer with an XXXX credit score and no prior history of delinquency. 

Clear Evidence of Fraud & Third-Party Acknowledgment I have provided ample evidence supporting my claim of fraud, including : 1. Confirmation from Other Financial Institutions : XXXX XXXX proactively identified fraudulent activity on my accounts, notified me of unauthorized remote access to my phone, and returned my stolen funds. Their fraud department even advised me to perform a hardware reset through my mobile provider to prevent further unauthorized access. 
2. Merchant Dispute Findings : I personally investigated and contacted merchants associated with fraudulent charges. XXXX and XXXX both confirmed that accounts using my credit card were not in my name, registered under different addresses, and subsequently shut down due to fraud. Additionally, one merchant, XXXX XXXX has been criminally charged with fraudfurther substantiating my claim. 
XXXX. Good-Faith Efforts & Financial Hardship : Throughout this dispute, I have continued making paymentstotaling over $ XXXX these accounts to maintain good faith and preserve my financial standing. However, as the fraudulent charges escalated, it became impossible to continue making these payments without jeopardizing my business. 

Bank of Americas Liability & Demand for Resolution Bank of Americas failure to properly investigate this fraud claim, its obstructionist dispute resolution process, and its attempt to hold me solely responsible for an elaborate criminal scheme violate multiple federal consumer protection laws. It is unconscionable to place the entire burden of financial loss on a victim of fraud, particularly when the fraud was facilitated through the banks credit products and where other financial institutions have promptly acknowledged and resolved similar fraudulent activity. 

I demand that Bank of America : 1. Immediately suspend any charge-off actions and cease all debt collection efforts on these disputed charges ; 2. Conduct a full and proper investigation into my claims, including a review of the evidence provided and a direct discussion with me to resolve any discrepancies ; 3. Reverse all fraudulent charges and remove any negative credit reporting related to these accounts ; 4. Provide a written explanation detailing the basis for any final determination, ensuring compliance with federal laws governing fraud investigations and consumer disputes. 

If Bank of America fails to take immediate corrective action, I will have no choice but to escalate this matter by filing formal complaints with the Consumer Financial Protection Bureau ( CFPB ), the Office of the Comptroller of the Currency ( OCC ), and my states Attorney General. Additionally, I reserve the right to pursue legal action to recover damages resulting from the banks failure to uphold its obligations under federal law. 

This letter serves as official notice of my intent to pursue all available legal remedies should Bank of America continue to mishandle this matter. Please respond in writing within [ reasonable deadline, e.g., 10 business days ] confirming the steps being taken to resolve this dispute. 

Sincerely, 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 monetary relief