Consumer complaint received 2020-12-16 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: MA

Complaint narrative:
On XX/XX/2020 I received an e-mail from Bank of America at XXXX that my checking account, which had a balance of {$15000.00}, fell below {$25.00}. I called Bank of America at XXXX and spoke with a representative and informed them that there were 3 charges on my account that were not from me. The first charge was on XX/XX/2020 and showed up as MI TLR cash withdrawal from chk XXXX Banking Center, XXXX # XXXX MI. Then there was another charge on XX/XX/2020 for {$14000.00} which showed up as return item chargeback. And the last charge was for {$24.00} and showed up as returned item chargeback fee. The representative asked if anyone could have my information. I told them that the only possibility was that I received a text message on XX/XX/2020 from a number XXXX saying free msg : for your security weve temporarily restricted your ATM/Debit card. Please call XXXX to verify your account. I am from XXXX, MA but at that time I was traveling in XXXX, CO. I figured Bank of America must have seen my charges in Colorado and temporarily restricted my ATM card because they did not think it was me. I had a flight home on XX/XX/2020 and needed my ATM card for traveling so I called the number on the text message. When I called it was an automated recording saying Welcome to Bank of America followed by a series of automated prompts including asking my ATM card number, expiration date, and pin number. I provided this information and when I hung up, had a feeling that it might not have been Bank of America. I immediately followed the fraud/spam protocols on the Bank of America website and sent an email with the text I received to XXXX. I never heard back from Bank of America after reporting that text. After reporting this issue to Bank of America I trusted that my account and information would be safe because there was never any follow-up about changing my PIN or account number. If this was the reason my account was compromised, I personally blame the negligence of Bank of America for allowing this to happen. I let the representative know of this incident, although there is no way to be sure that this is in fact how my information was compromised. The representative said they would open an investigation. 

On XX/XX/2020 I also went into my local Bank of America branch in XXXX, MA and met with the assistant manager, XXXX. I told him I wanted more information on what a return item chargeback is. I was told that there were two checks from XXXX XXXX XXXX in Oklahoma for {$7300.00} each that were cashed. He explained that chargeback means that then the checks bounced and that the bank took the money out of my checking account. 

On XX/XX/2020, I went to the XXXX Police Department around XXXX. I provided a statement to the reporting officer, Officer XXXX. He called XXXX XXXX XXXX and spoke to XXXX XXXX, who is an owner and was not aware of any checks for this amount and contacted her own bank. I was advised by Officer XXXX to call 3 major credit bureaus and put a fraud alert on my credit. He informed me a detective would be assigned to my case. I contacted the 3 major credit bureaus and put a fraud alert on. 

On XX/XX/2020 I received a document from Bank of America in the mail with images of the checks that were cashed. The checks were signed by someone else and did not have my signature on them. I called Bank of America on XX/XX/2020 and spoke to XXXX in Maryland. She said my case is still being looked at and there was no update. 

On XX/XX/2020, I went to the XXXX Police Department to have images of the checks added to my file. I was assigned a detective, XXXX XXXX. 

On XX/XX/2020 I went to Bank of America in XXXX, MA and met with assistant manager XXXX. He looked over the copy of the checks I received and told me that the checks were both cashed in Michigan, at two different bank branches and tellers. I have never been to Michigan. I gave XXXX a copy of my police report, which he faxed to the Bank of America fraud department. 

XX/XX/2020 I received an e-mail from Bank of America stating my claim was not honored because personal information was compromised by account owner. The only information I gave out was to someone who I was under the impression was Bank of America. And I reported that text message to Bank of America on the same exact day I received it, in which they never got back to me. I did not provide personal information to anyone else. I also do not feel like there is any clear way to prove that that text/call I received on XX/XX/2020 is the cause of this fraud and this is just one possibility. The issue is I am a victim of fraud and identity theft and am being treated as though I intentionally gave information out. 

I called Bank of America on XX/XX/2020 at XXXX and spoke to a representative from Tennessee . I asked to appeal this decision, as this was all my hard-earned money, and he said he can resubmit claim but does not feel that the decision will change. I was told to fax the e-mail that I sent to the fraud department to add to my file. After the lack of communication and lack of diligence by the fraud department, I have no faith in their ability to help me resolve this issue. I am incredibly disappointed in how Bank of America as a whole has handled this situation, especially after being a loyal customer for 12 years. I am looking forward to your support in repairing my relationship with Bank of America and reimbursing my money that the bank lost me. I will continue to appeal and will take every avenue necessary until I am reimbursed with the money that is rightfully mine. 
I faxed copy of text message to Bank of America on XX/XX/2020.

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