Consumer complaint received 2026-04-06 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: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NV

Complaint narrative:
My name is XXXX XXXX and I am a victim of debit card fraud and identity theft. I am filing this complaint because Bank of America ( BofA ) failed to protect my account from over XXXX year of ongoing fraudulent activity, refused to properly investigate and resolve my fraud claims, failed to close a compromised account upon my explicit request, allowed unauthorized charges to continue and push my account into overdraft, and obstructed my ability to submit evidence ( police report ) and communicate with their fraud department. The total estimated amount of fraudulent charges is approximately {$6700.00} to {$8000.00} spanning from XX/XX/XXXX through XX/XX/XXXX. Bank of America has credited only approximately {$1000.00} while denying the same types of charges in other claims an inconsistent and unexplained outcome that demonstrates a failure of their fraud investigation process. XXXX DETAILED CHRONOLOGY OF EVENTS XXXX. Discovery of Fraud XX/XX/XXXX On XX/XX/XXXX, my wife and I reviewed our Bank of America checking account statements and discovered fraudulent charges on our debit card ending in XXXX dating back at least XXXX year to XX/XX/XXXX. Our physical debit card had been lost/stolen from my vehicle ( which was broken into on or around XX/XX/XXXX ). Upon discovering the fraud, I immediately froze the card and prepared to file claims. XXXX. First Bank Visit & Fraud Claims Filed XX/XX/XXXX On XX/XX/XXXX, I visited the Bank of America branch at XXXX XXXX XXXX XXXX, XXXX XXXX, NV XXXX, and met with banker XXXX XXXX. I went through XXXX months of bank statements and filed fraud dispute claims for all unauthorized charges. The following official fraud claim numbers were assigned by Bank of America : Claim XXXX XXXX Claim XXXX XXXXXXXX Claim XXXX XXXX ( XXXX ) Claim XXXX XXXX ( XXXX ) Claim XXXX XXXX ( XXXX ) The bank informed me that my account had been closed and flagged as compromised. I was also told to wait for correspondence regarding the investigation and that access to my account was suspended. XXXX Police Report Filed XX/XX/XXXX XXXX XXXXXX/XX/XXXX I filed a police report with the XXXX XXXX XXXX Police Department on XX/XX/XXXX ( Event XXXX XXXXXXXX ) related to my stolen backpack and debit card. I subsequently filed a voluntary statement at XXXX on XX/XX/XXXX, documenting the fraudulent charges on my account ( Case Report XXXX. XXXX ). The offense was documented as : 'Use Credit/Debit Card, or ID, W/O Consent ( XXXX ) XXXX XXXXXXXX. ' These official reports were available to provide to Bank of America. XXXX Bank Refuses Police Report & Obstructs Investigation XX/XX/XXXX When I attempted to provide the police report to Bank of America to support my fraud claims, I was told by branch staff that : They do not have a fax number for the fraud department a police report can only be submitted by fax. Branch staff are no longer permitted to call the fraud department on behalf of customers. The branch can not attach the police report directly to my account. I must contact the fraud department directly the same number I had already been unable to reach after extended hold times. This is documented in a recorded conversation I have in my possession ( recorded with bankers ' knowledge ). The bank effectively made it impossible for me to submit evidence to support my own fraud claim. XXXX Account Found Active and Overdrawn XX/XX/XXXX On XX/XX/XXXX, I logged into my Bank of America online account and discovered that despite being told the account was closed and flagged as compromised, the account was still active AND overdrawn. Fraudulent charges had continued to post and deplete my account, driving it into a negative balance. I immediately attempted to contact BofA but could not reach anyone as it was after XXXXXXXX XXXX XXXX Additional Police Report & Branch Visit XX/XX/XXXX On XX/XX/XXXX, unable to reach the bank by phone, I went to the XXXX XXXX XXXX Police Department and filed an additional statement documenting the continued fraud and the overdrawn status of my account. Afterward, I visited a Bank of America branch and was told I must make an appointment to speak with someone. I left without assistance. XXXX Blocked from Withdrawing Funds XX/XX/XXXX On XX/XX/XXXX, I attempted to withdraw money from my checking account ( XXXX XXXXXXXX ). The bank teller informed me that the ONLY way I could access my own money was to : ( XXXX ) open a new account, ( XXXX ) transfer money to that account, and then ( XXXX ) withdraw from the new account. I refused, as this is an absurd and obstructive requirement that denies me access to my own funds. I left without being able to withdraw my money. XXXX. Inconsistent Dispute Outcome Bank of America applied credits for some fraudulent charges ( approximately {$1000.00} ) while denying other fraud claims that contained identical types of fraudulent charges. No coherent explanation has been provided for why some claims involving the same merchants and same transaction patterns were approved while others were denied. This suggests an inadequate and arbitrary investigation process. XXXX APPLICABLE LAWS & REGULATIONS VIOLATED XXXX Electronic Fund Transfer Act ( XXXX ) 15 U.S.C. XXXX et seq. and Regulation XXXX ( XXXXXXXX XXXX Part XXXX ) The XXXX and Regulation XXXX are the primary federal laws governing Bank of America 's obligations in this matter. The following specific violations apply : Violation XXXX Failure to Investigate Within XXXX Business Days ( XXXX XXXX XXXX ( c ) ( XXXX ) ) : Under Regulation XXXX, once a consumer reports an error, the bank must investigate and determine whether an error occurred within XXXX business days. If it can not complete the investigation in XXXX days, it MUST issue provisional credit to the consumer 's account for the full disputed amount while the investigation continues for up to XXXX days. Bank of America failed to properly resolve my claims and failed to notify me of results within the required timeframes. Violation XXXX Failure to Issue Provisional Credit ( XXXX XXXX XXXXXXXX ( c ) ( XXXX ) ) : When a bank can not complete an investigation within XXXX business days, it is required to provisionally credit the consumer 's account for the full amount disputed. Bank of America did not provide full provisional credit for the approximately {$6700.00} in disputed charges while the investigation was ongoing. Violation XXXX Failure to Correct Errors and Refund Fees ( XXXX XXXX XXXX ( c ) ( XXXX ) ) : When an investigation determines an error occurred, the institution must correct it within XXXX business day and must also refund any overdraft fees or finance charges caused by the unauthorized transactions. Bank of America allowed the account to go into overdraft as a result of the fraudulent charges it failed to stop, yet has not refunded associated overdraft fees. Violation XXXX Continued Unauthorized Transactions After Notice ( XXXX XXXX XXXX ) : Once I notified Bank of America of the fraud on XX/XX/XXXX, the bank was obligated to prevent further unauthorized transactions. Despite this notification, fraudulent charges continued to post to my account, pushing it into overdraft. The bank 's failure to freeze the account or stop unauthorized debits after receiving my fraud notice is a direct violation of its obligations under Regulation XXXX. Violation XXXX Failure to Limit Consumer Liability ( 15 U.S.C. XXXX ) : Under the XXXX, my liability for unauthorized transactions should be limited. Since I reported the fraud promptly upon discovery ( XXXX XXXX XXXX ), my maximum liability should be limited. Bank of America 's refusal to credit all fraudulent charges forces me to bear losses I am legally protected from under federal law. XXXX Consumer Financial Protection Act ( CFPA ) XXXX XXXX. XXXX : Unfair, Deceptive, or Abusive Acts or Practices ( UDAAP ) Bank of America 's conduct constitutes unfair and abusive acts and practices including : Refusing to accept or process a police report related to identity theft and fraud. Claiming the fraud department has no fax number and can not be contacted from a branch making it effectively impossible for a customer to submit evidence. Telling a customer their account is closed and compromised, when in fact it remained open and continued to incur unauthorized charges. Requiring a customer to open a new account simply to access funds already in an existing account. Denying fraud claims containing identical unauthorized charges while approving others with no explanation which constitutes an arbitrary and harmful claims process. XXXX Nevada Revised Statutes XXXX XXXX ( Use of Debit Card Without Consent ) The XXXX XXXX XXXX Police Department has officially documented the crimes committed against me under XXXX XXXX Use of Credit/Debit Card Without Consent, a Category XXXX Felony. This establishes the criminal nature of the unauthorized transactions. Bank of America 's failure to stop these transactions, even after receiving notice, effectively facilitated the continuation of these crimes. XXXX Bank of America 's History of CFPB Violations This complaint exists in the context of Bank of America 's documented history as a repeat violator of federal consumer protection laws, including : XXXX : Ordered to pay {$720.00} million for illegal credit card practices. XXXX : Fined {$220.00} million for mismanaging consumer accounts and {$10.00} million for unlawful garnishments. XXXX : Ordered to pay XXXX XXXXXXXX million for double-dipping on fees, withholding rewards, and opening accounts without customer consent. The CFPB has previously noted that Bank of America is a 'repeat offender. ' My case reflects the same pattern of disregard for consumer rights. XXXX. DAMAGES CLAIMED Item Amount Total fraudulent charges ( XXXX months ) ~ {$6700.00} {$8000.00} Amount credited by BofA to date ( disputed, insufficient ) ~ {$1000.00} Overdraft charges ( recent, incl. {$75.00}, {$72.00}, {$10.00} ) To be totaled TOTAL ESTIMATED DAMAGES ~ {$7000.00} XXXX XXXXXXXX XXXX. RELIEF REQUESTED I respectfully request that the CFPB take the following actions : Force Bank of America to complete a full and proper investigation of all XXXX months of fraudulent transactions and provide written results with specific explanations for each claim determination. Order Bank of America to reimburse me for ALL fraudulent charges totaling approximately {$6700.00} to {$8000.00}, consistent with my rights under the XXXX and Regulation XXXX. Order Bank of America to immediately close and properly secure the compromised account ( XXXX XXXXXXXX ) as I have repeatedly requested. Order Bank of America to refund all overdraft fees, finance charges, and any other fees charged to my account as a result of the unauthorized transactions they failed to prevent, including : {$75.00}, {$72.00}, and {$10.00} ( and any others incurred ). Order Bank of America to refund all finance charges and fees imposed without my knowledge or consent. Order Bank of America to cease sharing my personal information with third parties without my explicit consent. Order Bank of America to communicate with me exclusively by mail at my address on file, as I have requested and to stop failing to do so. Investigate Bank of America 's practice of refusing to accept police reports at branches, refusing to contact the fraud department on behalf of customers, and claiming no fax number exists for the fraud department as these practices systematically obstruct consumers ' ability to exercise their fraud dispute rights. Assess appropriate civil penalties against Bank of America for its violations of the XXXX, Regulation XXXX, and the XXXX XXXX XXXX provisions. XXXX. SUPPORTING EVIDENCE ATTACHED XXXX XXXX XXXX Police Department Victim 's Information Guide ( Case Report XXXX XXXXXXXX ) XXXX Voluntary Statement signed by XXXX XXXX XXXX ( XX/XX/XXXX ) XXXX Official Case Report Offense : Use Credit/Debit Card W/O Consent, XXXX XXXX Police Report XXXX XXXX ( filed XX/XX/XXXX initial report of stolen card/backpack ) Voice recordings of all conversations with Bank of America branch staff ( recorded with bankers ' knowledge ) Voice recordings of all calls with Bank of America fraud department XXXX months of bank statements showing fraudulent transactions ( XX/XX/XXXX XX/XX/XXXX ) FTC Identity Theft Report Correspondence from Bank of America regarding fraud claims

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