Consumer complaint received 2024-12-05 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: BMO BANK NATIONAL ASSOCIATION
State: IL

Complaint narrative:
I filed a previous complaint against BMO Harris Bank the bank I'm filing this complaint against in XX/XX/year>. They closed that complaint without allowing a response. This is a new complaint. Along with the information BMO provided. Since then, BMO responded to the complaint then took out XXXX from my checking out. Resulting in an overdraft without warning of the funds being taken out of the account. I deem this action retaliatory for the complaint filed in XXXX. 

On XX/XX/XXXX and XX/XX/XXXX, I had approximately 37 unauthorized transactions from the merchant XXXX XXXX  totaling $ XXXX. These transactions were made from a device I had lost earlier in the day on XX/XX/year>. XXXX is an online merchant meaning any and all transactions made through them are electronically and requires a debit card to make these debits. My phone had all of the information and sensitive information regarding my debit card, my information related to my XXXX account including the amounts of winnings and logs of information regarding the amount of money I accrued with the app. 

I reported these unauthorized transaction to BMO Harris Bank  on XX/XX/year> when I discovered funds missing from my BMO banking account. The bank denied this dispute on XX/XX/year>. Without any evidence from the merchant. It wasn't until I filed a complaint and made numerous phone calls that someone finally responded to me after weeks of no response. During these weeks after the denial is when I believe BMO Harris finally investigated and got the misleading reports from the merchant. In which case BMO Harris violated my consumer rights under the EFTA. 

I am writing to report an unresolved case of bank fraud involving unauthorized transactions on my account with [ XXXX XXXX ] and [ BMO Harris Bank ]. BMO has failed to conduct a complete and thorough investigation or follow proper procedures, leaving this issue unresolved. 

I was provided partial credits amounting to {$2900.00}. In which it was explained to me these credits are permanent. At the time I didn't know where the {$2900.00} came from. As I disputed $ XXXX in disputed transactions. I was recently told by a banker at my local BMO branch location this came from the disputed transactions. Therefore I should've received the full amount from the 37 transactions that again totaled $ XXXX. 

The merchant provided receipts and argued that I authorized these transactions because I have used their products in the past. These receipts include the lost devices IP address in which was used to login to fanduel via cellular data. 
While I have indeed used their products before, I did not authorize the disputed transactions. I am not disputing that I've never used their product before. I am disputing the transactions made on XX/XX/XXXX, and XX/XX/XXXX. These transactions are going to have the same ip address as before because its from a compromised and lost device. 

Additionally, the merchant has claimed the transactions were made from a verified location in XXXX XXXX, Illinois. However : I reside in XXXX XXXX, Illinois, over an hour away from XXXX XXXX, and my banking transaction history confirms that I was not in XXXX XXXX at the time of the disputed transactions. 
The merchants location data is either inaccurate or fraudulent. It appears they are either : Misreporting the verified location of the transactions ; or Copying and pasting location data from when the account was originally created and attaching it to each transaction. If the latter is true, their assertion that the location is verified is false and constitutes fraudulent reporting. 


Issues with BMO Harris Bank 's Investigation Failure to Provide Provisional Credits : During the investigation, BMO Harris has failed to issue full provisional credits as required by their procedures, placing undue financial strain on me. 
Failure to Investigate Location Discrepancies : The bank did not adequately investigate the geographical inconsistency between the location of the transactions and my actual location based on transaction history of my account during XX/XX/XXXX, and XXXX. But also during the months of XXXX. 
Reliance on Incorrect Merchant Data : The bank appears to have accepted the merchants flawed and potentially fraudulent evidence without questioning its accuracy. Neither have they reached out to me to ask me for more information or to verify the merchants claims. 
The merchant has also submitted incomplete reports. Beginning with page 1. 

The evidence the merchant provided will be attached. 
The banks insufficient investigation and failure to provide full provisional credits have caused significant financial hardship and stress. I have been left to deal with unauthorized charges without adequate support or resolution.

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