Consumer complaint received 2024-01-10 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: MO

Complaint narrative:
On XXXX XXXX XXXX XXXX XXXX, Colorado, I started an ATM withdrawal of {$200.00} from my phone in the Bank of America app. I sent my spouse, who is also on this joint account, into the Bank of America branch ( which required card entry ) at XXXX XXXX XXXX between XXXX to complete the withdrawal at a BOA ATM from our joint account. He went inside and saw two ATMs. First, he went to the ATM on the right to attempt the withdrawal. The ATM proceeded all the way through the process to the point of attempting to dispense the {$200.00}, however it started making noises and then a screen popped up saying that the ATM could not dispense the money, quickly followed by another screen claiming that the transaction would be reversed. It then asked if he would like to make another transaction but it failed to dispense the {$200.00}. He hit no and went to the ATM to left of it. At this ATM, he was able to continue the withdrawal that was originally initiated in the app and was able to fully receive the {$200.00} withdrawal. 

While XXXX was getting back into the car, I received the app notifications that two {$200.00} withdrawals had just occurred and was processing. XXXX told me what had happened and we figured since the ATM said it would auto reverse the transaction and since it was past XXXX on a day before a holiday, that we would wait until it was done processing to see if the bank auto took care of it, as was claimed it would. It had finalized processing on Wednesday, XXXX XXXX XXXX and there was no reversal of this withdrawal. 

We called Bank of America, routed by the automated system to to the Dispute and Claims department the morning of XX/XX/XXXX. We can not remember the name of the specialist we spoke with who heard our situation and said he filed a claim for the first failed {$200.00} withdrawal and a complaint against the malfunctioning ATM. He stated this problem happens frequently and would be an easy resolve in two business days. He also claimed he put a note on our account for the bank to take care of any overdraft charges that may occur while we wait for the claim to be investigated and resolved. 

Today, Friday, XXXX XXXX XXXX has now been the two business days and there is no resolution to our claim, of the Bank of America ATM stealing our money essentially. We called back and spoke to another agent who then said it could take up to 10 business day. We pushed back and stated that this is not what we were originally told, that it should only take two business days and we need our money back. She stated she escalated us to a hardship department, but will take two business days for them to review the escalation to then start looking into our claim. 

Considering the ATMs were inside a Bank of America branch, which is by law required to have cameras everywhere money is exchanged, in addition to the cameras on both ATMs, I am not quite sure why the bank is not able to easily watch what happened during those two encounters with their ATMs and validate the failed withdrawal that resulted in the theft of our money. This is technically considered a duplicate charge for one transaction, since the withdrawal was completed off the one, singular, withdrawal that was initiated via the app. There is sufficient proof existing that should allow the bank to quickly return our money. 

Update as of XXXX XXXX  Yesterday their social media team reached out and connected me to an agent named XXXX. He claims he can't do anything, but did submit complaints internally within BOA for agents giving me incorrect time-frame as well as not ever offering me the ability to submit a hardship statement, especially due to BOA DECLINING my first hardship escalation. I faxed one in yesterday, including the police report I filed for XXXX Police Department. 

I find it interesting how BOA doesn't care it is stealing from customers, trying to gaslight us into believing their XXXX up is pur fault, and then on top of that, dismissing the fact that if you as a consumer don't even have the amount of money in your account that was stolen by your bank, how can they not see that as an automatic hardship?! I'm very close to my utilities being turned off and going very hungry now, the only thing saving me is the winter storm and expired rice and 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