Date Received: 2023-10-16
Issue: Problem with a lender or other company charging your account
Subissue: Transaction was not authorized
Consumer Complaint: I had two accounts opened for my XXXX XXXX in Bank of America, on XX/XX/2023 {$6700.00} were drawn towards XXXX XXXX Credit card, which DOES NOT belong to us, we do not have any account with XXXX XXXX. Then on XX/XX/2023 an amount of {$6000.00} were charged to XXXX XXXX XXXX XXXX XXXX XXXX, we DO NOT HAVE ANY account with XXXX XXXX,
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MD
Zip: 20603
Submitted Via: Web
Date Sent: 2023-10-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-16
Issue: Other features, terms, or problems
Subissue: Problem with rewards from credit card
Consumer Complaint: Bank of america call me a XXXX saying I'm not was in hospital but I did till XXXX when I sign up it say to get XXXX points and XXXX XXXX XXXX but bank of america give me hard time when I was XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX they give me alot of stress but I want my XXXX and that XXXX points that all
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NJ
Zip: 07712
Submitted Via: Web
Date Sent: 2023-10-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-16
Issue: Managing an account
Subissue: Problem accessing account
Consumer Complaint: I opened a new account and it was immediately locked. I tried calling a few times, after 45 mins on hold one time I was told there was a security issue with my phone ( not sure what this means ) and that I needed to go to a branch. I took an afternoon off work and went to a branch, waited for an hour and after showing several forms of ID was told my account was unlocked. I tried to access and it's still locked. I can't spend any more time on this and just want to close the account and get my initial deposit back.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: IL
Zip: 600XX
Submitted Via: Web
Date Sent: 2023-10-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-16
Issue: Problem caused by your funds being low
Subissue: Non-sufficient funds and associated fees
Consumer Complaint: After Bank of America closed my account my business account for an account they found out i didn't open. They wasthe main source frome over XXXX other accounts payments! And when i asked for a personal/business loan, they denied me credit and denied me loans. Discrimination because for XXXX ive been a loyal banking customer! Hard tomes hot after XXXX and i couldn't get no assistance nor contributions at all! XXXX that really hurted me, my pride, and how my kids and family looked at me as a man and being a private business owner!
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 752XX
Submitted Via: Web
Date Sent: 2023-10-16
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-16
Issue: Problem with a lender or other company charging your account
Subissue: Transaction was not authorized
Consumer Complaint: I am filing this complaint because of Bank of Americas ( BOA ) failure to refund me the money that was fraudulently stolen by means of identity theft in the arms of the promulgated Unemployment Pandemic Fraud. I have been proactive in assisting with information regarding the victimization that led to my money being stolen, including but not limited to filing a police report, providing BOA pertinent information when requested, and have always been available to answer questions that might assist in resolving this matter. I have been denied several claims I filed with BOA, and requested the documentation that they used to deny those claims, but the only documentation I received from them was my statements during the period when the fraud was taking place. If my account statements are the sole source of information used to determine a denial of my claim, then I believe this matter needs meticulous review by the CFPB, or perhaps the Board of Directors at BOA, because I did not authorize any of the transactions, and the fraud that erupted with EDD is well documented, and BOA has an obligation to follow error resolution provisions which afford me certain rights as a banking consumer, and in violating those provisions they are ultimately holding me liable for unauthorized transactions. The actions BOA is now taking by denying my claims directly violates the Electronic Fund Transfer Act ( EFTA ), 15 U.S.C. 1693, et seq., which protects consumers from liability for unauthorized transfers. It also breaches BOAs own promises regarding customer liability for unauthorized transfers. It makes no sense that using the same documentation one claim is approved and one is denied. Furthermore, the claim which was approved was done so after re-opening an earlier claim. Clearly, a mistake was made the first time, and BOA has admitted that when it approved that claim, so it is not unrealistic to not rely on the idea that the determination to deny my claim is made in error. They have an obligation to refund my money, yet they have only returned a small sum of it, and I demand that they follow error resolution provisions and return my money at once. This entire process should habe been completed no more than 90 days after they were made aware of it, and those 90 days turned into months, and now years. Its a slap in the face to Regulation E and EFTA provisions and a deliberate attempt to insulate themselves from liability as far as Im concerned. To be clear, the EFTA requires banks to investigate and correct errors relating to electronic fund transfers when notified of the error by a customer. Among the " error [ s ] '' for which a bank may be liable are " unauthorized electronic fund transfer [ s ]. '' 15 U.S.C. 1693f ( f ) ( 1 ). When a customer believes an unauthorized transfer has occurred and notifies his bank, " the bank has a duty to investigate the alleged error, determine whether an error has occurred, and report or mail the results of such investigation and determination to the consumer within ten business days.. Because the transactions were not authorized, the bank is required by the EFTA to refund the money stolen. Bank of America also failed to follow EFTA requirements once fraud had been detected. Banks must provide notice to customers of which materials and documents the bank used to determine that the transaction was authorized. I received account statements. If those statements are the sole source of information used, then how can one claim be approved and another denied? A letter dated XX/XX/XXXX states that during the banks research, multiple factors indicated that the transactions were authorized. That statement is ludacris, and I requested the documents relied on and as I mentioned, I am under the impression that my statements were the only source. So Id like to know what BOA means when they say multiple? If more than my statements were used, then by not providing those documents to me as required, they have again breached the EFTA. There are still claims that are pending, but which remain denied. If BOA planned on taking this long to complete its investigation, I should have been given provisional credit. Id like to know why I have not. I have called in to customer service for these answers, but it seems that nobody has the answer. I have asked to speak with someone with autonomy to provide me this information and remedy the error resolution failures, but so far have been unsuccessful. I believe that this matter could not possibly have been investigated thoroughly, and this CFPB complaint is meant to alert the CFPB so that it may consider this matter for its meticulous review. As I interpret it, if in any action under section 1693m 1 m the court finds that the financial institution did not provisionally recredit a consumer 's account within the ten-day period specified in subsection ( c ), and the financial institution ( A ) did not make a good faith investigation of the alleged error, or ( B ) did not have a reasonable basis for believing that the consumer 's account was not in error ; or ) the financial institution knowingly and willfully concluded that the consumer 's account was not in error when such conclusion could not reasonably have been drawn from the evidence available to the financial institution at the time of its investigation, then the consumer shall be entitled to treble damages determined under section 169 3m ( a ) ( 1 ) 1 of this title. I expect a swift response from BOA and also expect to be afforded my consumer rights outlined in the EFTA and Regulation E in a timely manner. Should BOA not refund my money, I intend to take legal action against them.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-10-16
Company Response to Consumer: Closed with monetary relief
Timely Response: No
Consumer Disputed: N/A
Date Received: 2023-10-16
Issue: Problem with a lender or other company charging your account
Subissue: Transaction was not authorized
Consumer Complaint: A check from me dated XX/XX/XXXX was sent to XXXX by the Bill Pay function of Bank America checking. That physical check was stolen out of XXXX 's mailbox. This check was endorsed clearly incorrectly, yet it was cashed by a check cashing company and then honored by Bank of America. I have made numerous, well-documented, attempts to have Bank of America XXXX this matter. They say their people have worked on it. Their last communication to me about this was " As of XX/XX/XXXX, the XXXX XXXX XXXXXXXX XXXX responded that their research is still pending. Any additional updates on the recovery of the payment will communicated here in your Bill Pay correspondence. We appreciate your patience in this matter. " I called Bank of America today, XX/XX/XXXX to make further efforts to resolve this. They say that because the XXXX XXXX XXXX XXXX has not gotten back with them, there is nothing further that they can do. They did not offer to check on the status of the claim with XXXX XXXX XXXX XXXX. ( I asked them to but they say this is now pending. ) It is my contention that Bank of America failed to detect clearly fraudulent endorsement. ( The name is not even completely spelled out ). It has been 11 months now since the check was written. My phone calls keep getting passed from person to person at Bank of America and no one takes any initiative to see what the hold up is in getting this matter resolved.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-10-16
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-16
Issue: Problem with a lender or other company charging your account
Subissue: Money was taken from your account on the wrong day or for the wrong amount
Consumer Complaint: I believe that BOA has practiced deceptive practices and violated my rights. I believe that identity theft is taking place. I am the secured party and original account holder. When this account was created they placed me on the " debtors '' side of the ledger. I am a living man of this land and I am the " creditor '' of this account according to XXXX definitions. This account was created with my autograph which then created a promissory note. When I make a " transaction '' that then creates an " obligation '' according to 18 U.S Code 8 and House Joint Resolution 192 the " United States '' is responsible for all obligations and debts. I do not live in the " District of Columbia '' nor do I live in the XXXX definition of a " State '' either. I also have a business account with BOA and I do not hold public office according to their definitions of " Trade or Business '' this is deceit on behalf of " WE THE PEOPLE '' who conduct business with BOA. Reference : HJR 192 26 USC 7701 ( a ) ( 9 ) 18 U.S. Code 1342 12 U.S. Code 83 15 U.S. Code 1 7 CFR 1956.54
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NC
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-10-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-16
Issue: Getting a loan or lease
Subissue: Loan opened without my consent or knowledge
Consumer Complaint: Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX, XXXX XXXX Subject : Serious Complaint of Fraudulent Activities, Harassment and Violation of Fair Credit Reporting Act ( FCRA ) Dear CFPB, I am writing to register a complaint against Bank of America, concerning an ongoing issue related to a fraudulent auto loan that was discovered under my name in XX/XX/2023. Despite providing a police report and identity theft affidavit, Bank of America continues to hold me liable for this fraudulent account. Bank of America 's fraud investigator, XXXX XXXX ( Phone Number XXXX ), has notably surpassed professional boundaries. Her conduct has been abrasive, confrontational, and ultimately, harassing. Despite my repeated insistence that she communicate with my attorney ( as outlined in the letter sent to Bank of America on XX/XX/XXXX ), XXXX XXXX disregarded this directive and continued inflicting distress upon me with inappropriate and intrusive phone calls. What's more, she exceeded her jurisdiction by contacting my local police department and falsely accusing me of forging my police report. This resulted in a detective contacting me to question me based on her allegations. Following the investigation, the detective confirmed that there was no evidence pointing towards me being the one who took the loan. I wish to underline that such conduct and disregard from Bank of America and its representatives severely infringe on my rights under the Fair Credit Reporting Act ( FCRA ). As per Section 615 of the FCRA, any user of a credit report is required to provide a notice of an adverse action ( like applying higher interest rates ) if the action is based upon information contained in a consumer report. However, the bank in question is alleging a fraudulent loan on my account and categorically denying my involvement in it. I believe the activities and conduct of Bank of America and its representative have been grossly inappropriate, potentially illegal, and a clear violation of my rights. As such, I request a full-scale investigation involving federal intervention to bring justice to this matter promptly. Attached herein is the letter from my lawyer, outlining that all further communication related to this matter should be directed to him. Should you require any further information to pursue this case, please feel free to contact my legal counsel. I look forward to a swift resolution to this matter and thank you for your intervention. Yours sincerely, XXXX XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 92614
Submitted Via: Web
Date Sent: 2023-10-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-16
Issue: Struggling to pay mortgage
Subissue: Trying to communicate with the company to fix an issue related to modification, forbe
Consumer Complaint: I was in the loan modification process and on XX/XX/XXXX I received a letter from Bank Of America that while I was in the process they would not proceed with the foreclosure sale on XX/XX/XXXX also the letter stated it would list a date when documents should be in and they did not have a date. They sent me another letter stating they were missing documents on XXXX XXXX which I had been sending in the documents, then on XX/XX/XXXX I received a financial package of all they needed again which stated it would have the date listed when the documents should be received.I kept sending in documents after documents and they kept saying they didnt receive all of them. I never received a letter stating there was a sale date for XX/XX/XXXX until I called in XXXX. I was told XX/XX/XXXX I could reinstate my loan so on XX/XX/XXXX when I went up to the court house to look at the foreclosure notification to get the fax number on the Courhouse bulletin board the foreclosure notice it was not there, the auctioneer even helped me looked for it. I called Bank Of America and they then said I could not reinstate my loan. XX/XX/XXXX I called Bank Of America and spoke with them about telling me I could reinstate the loan, the representative told me I couldnt because the house had been sold at the time I called Bank Of America to get the fax number on XXXX XXXX, which was not true again the auction had not started and the auctioneer was standing right beside me. According to dual tracking, This is when the lender proceeds with foreclosure while they simultaneously work with the borrower to avoid foreclosure and this is restricted. XXXX XXXX had the property listed for sale on their page for XX/XX/XXXX however they sold it on XX/XX/XXXX I only had {$32000.00} left on my home. I have asked for all my correspondence for this whole year and they said they cant provide it. In XXXX I spoke with someone to catch-up my payment and we went over my financial information and stated I had to pay {$3000.00} the XXXX time then {$1000.00} the following two months and that I would receive the agreement in the mail however they never sent the agreement. In XXXX I was sick with XXXX and suffered complications. I asked for reinstatement figures in XXXX and I never received them during this time I was again suffering from XXXX and its side affects and asked them to postpone the sale and they did. In conclusion they sent me a letter stating they would not foreclose on my home while I was in the loan modification process which I received the XXXX week of XXXX, they even sent me a financial package on XXXX XXXX. They were dual tracking and I believe my loan should be reinstated based upon proof of what they sent me.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MS
Zip: 39702
Submitted Via: Web
Date Sent: 2023-10-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-16
Issue: Managing an account
Subissue: Problem making or receiving payments
Consumer Complaint: They made a deposit from my paystub on Friday and claimed it on Monday, the bank did not notify me of the transaction, and I let them take the money out without my consent.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 78247
Submitted Via: Web
Date Sent: 2023-10-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A