Date Received: 2023-08-01
Issue: Problem with a company's investigation into an existing issue
Subissue: Problem with personal statement of dispute
Consumer Complaint: I petition into CFPB to solve and to give for me to be fair before COURT I petition CFPB to give my complaint into FEDERAL COURT solve for me 1/ I paid into USPS by checking account and credit from the Bank OF AMERICA , but all my mail Certified Mail were theft to did not delivery serve service 2/ I contact into the Bank OF US for disputed all act theft from USPS and compensation for me But the Bank OF AMERICAN to did not Dear Sir/Madam People pay for USPS from the bank OF AMERICAN, and The Bank OF AMERICA to be my account, But I request disputed and compensation by act theft from USPS lead into my case at Supreme Court OF US denied , But The bank OF AMERICA did not solve disputed all for me include to did not solve compensation for me from USPS theft my mail certified before Supreme Court OF US and CONGRESS Follow law people to pay serve service for me direct from the Bank OF AMERICA, all company to should responsibility before the BANK OF AMERICA and the Bank OF AMERICA to should responsibility with me, because the bank OF AMERICA took my money from my checking account every money
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: 2023-08-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-01
Issue: Problem with a purchase shown on your statement
Subissue: Credit card company isn't resolving a dispute about a purchase on your statement
Consumer Complaint: On XX/XX/23 I noticed 2 charges from XXXX on my Bank of America Visa credit card. I did not make these transactions, and I opened a fraud claim with the bank ( claim XXXX ). The bank subsequently informed me that they were closing the account. On XX/XX/XXXX, while attempting to get some status on the claim, the Fraud department notified me that a payment was due, so I made a payment of {$1200.00}. On XX/XX/XXXX, I received the attached notice from the bank, stating that I had confirmed that the charges were no longer in dispute. This is factually incorrect. I have never received a final statement on the account, for the charges in the last payment. I can not reach the bank through online or phone channels, so I have mailed a letter to the bank requesting them to re-open the claim and send me a final statement.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 94404
Submitted Via: Web
Date Sent: 2023-08-01
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-01
Issue: Problem getting a card or closing an account
Subissue: Trouble closing card
Consumer Complaint: From XXXX XXXX Bank of America freeze the unemployment insurance benefits, which made it very difficult for me to unfreeze my prepaid debit cards or to report fraudulent use of my cards. Identity theft affected eligible cardholders with legitimate prepaid debit card accounts. In addition, the bank denied some notices of error submitted by prepaid debit cardholders that the bank had previously investigated and paid. The bank told me they had agents available 24 hours a day, seven days a week, when in fact, it operated a more limited schedule for its claims call center and their website was frozen or was unavailable for several days due to technical problems. Bank of America automatically and unlawfully froze my account with a faulty fraud detection program and then gave me little recourse when there was no fraud, for the Bank didn't conduct a reasonable investigation. This put a low limit on unemployment insurance froze my account and left me needing the money. Information about my XXXX account : My online XXXX XXXX XXXX XXXX account With Bank of America shows that I have received payments from : XXXX XXXX- XXXX XXXX Total {$2100.00} XXXX - Sep/ XX/XX/XXXX Total {$2600.00} No benefits were received from XXXX XXXX To XXXX XXXX. Additionally, no benefit has been received from XXXX/ XX/XX/XXXX to XXXX/ XX/XX/XXXX. I have worked full time and have been out of work since XX/XX/XXXX, due to the XXXX XXXX in California. Please See the attachment ( XXXX ) : Statement from XXXX XXXX to XXXX XXXX History Driven XXXX Benefit from XXXX to XXXX XXXX XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 92173
Submitted Via: Web
Date Sent: 2023-08-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-01
Issue: Opening an account
Subissue: Account opened as a result of fraud
Consumer Complaint: On XX/XX/XXXX a scammer open a Bank of America account in my name. Said scammer then got for people to XXXX to that account. Lastly, scammer withdraw {$450.00} from a Bank of America ATM, within XXXX day. Bank of America did not verify the person 's identity, and allowed for the immediate withdrawal of the money from a Bank of America ATM.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CT
Zip: 06877
Submitted Via: Web
Date Sent: 2023-08-01
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-01
Issue: Managing an account
Subissue: Deposits and withdrawals
Consumer Complaint: Dear Consumer Financial Protection Bureau ( CFPB ), I am writing to file a formal complaint against Bank of America regarding a highly distressing and unfair experience I recently had with their services. On XX/XX/2023, I visited the Bank of America XXXX to deposit a check, and the teller assured me that the funds would be available within XXXX business days. However, despite receiving a receipt and stamp confirming the deposit, Bank of America held my check for over XXXX weeks, causing severe financial hardship to my small business. Upon contacting the bank to resolve the issue, I was advised to file a dispute, and they promised that someone would reach out within XXXX hours. To my dismay, no one contacted me during that time. When I called again to inquire about the status, I was told that there was no claim or record of my previous dispute. I reluctantly initiated a new claim, but the result was no different no progress, and no communication. This prolonged delay and lack of transparency have had a devastating impact on my business. I have lost {$7500.00}, which is crucial for my business operations. Due to this situation, I was unable to pay for essential utilities, and as a result, my business suffered further consequences, including a temporary loss of electricity. Despite repeated attempts to resolve the matter, Bank of America has been unhelpful and has not taken adequate steps to rectify their error. Their constant redirection and failure to provide any concrete resolution have left me feeling utterly helpless and frustrated. I urgently request the CFPB 's intervention in this matter. I seek full access to my funds without any further delay. Moreover, I believe that Bank of America should be held accountable for their negligence and the resulting hardship they have caused my small business. I trust that the CFPB will thoroughly investigate this issue and take necessary actions to ensure that Bank of America addresses my concerns promptly and appropriately. Your timely assistance and support in resolving this matter are of utmost importance to me and my business. Thank you for your attention to this matter.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 770XX
Submitted Via: Web
Date Sent: 2023-08-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-01
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: My XXXX XXXX reports shows that there is a balance on a closed BOA account of {$1500.00}. The account was opened on XX/XX/XXXX and closed on XX/XX/XXXX The balance is {$1500.00} as of XX/XX/XXXX It was opened with a NY Driver 's license. I have a PA license
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: PA
Zip: 183XX
Submitted Via: Web
Date Sent: 2023-08-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-01
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: ACCOUNTS WHERE OPENED FRAUDLENTLY IN MY NAME AFTER A DISOCOVERING SUCH ACTION AGAINST MY CONSUMER CREDIT PROFILE EACH COMPANY WAS NOTIFIED OF THE ACTION AND WITH ATTEMPT AND DOCUMENTATION PROVIDED NO ACTION TO REMOVE THE FRAUDULENT DEBT FROM MY CONSUMER PROFILE ONLY SAYING VERIFIED WITH NO PROOF SENT TO CONSUMER
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: 2023-08-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-01
Issue: Took or threatened to take negative or legal action
Subissue: Sued you in a state where you do not live or did not sign for the debt
Consumer Complaint: In XXXX XXXX XXXXXXXX entered into a credit line agreement with Bank of America. The line of credit with Bank of America was set to mature on XX/XX/XXXX. In XXXX and XXXX, XXXX XXXX XXXXXXXX and Bank of America negotiated towards an extension of the line of credit. On XX/XX/XXXX Bank of America submitted an Amended and Restated Loan Agreement to XXXX XXXX XXXX in the amount of {$75000.00}. The Amended and Restated Loan Agreement would have required myself to guaranty the indebtedness and so was never signed. On XX/XX/XXXX XXXX XXXX, XXXX filed its Complaint for Debt and Money Due for Damages for Breach of Business Credit Line Agreement and Personal Guaranty in this matter. XXXX XXXX, XXXX 's Complaint alleged that as of XX/XX/XXXX Bank of America had transferred, endorsed and assigned its interest in the Agreement to XXXX XXXX XXXX XXXX, but offered no evidence of such assignment. XXXX XXXX, XXXX in its Complaint represented to the New Mexico Court that a true and correct copy of the agreement was attached to the Complaint. On XX/XX/XXXX XXXX XXXX, XXXX filed its Motion for Default Judgment against XXXX XXXX XXXX XXXX and myself. On XX/XX/XXXX the court entered Default XXXX against Defendants finding that the allegations in the Complaint were true. According to the docket in this matter no evidence was presented to the court prior to issuance of the default judgment in this matter reflecting ownership of the debt, other than the allegation in the Complaint, and no hearing was set or held at which evidence could have been presented and not be reflected in the docket. On XX/XX/XXXX XXXX XXXX XXXX attempted service on myself apparently for a deposition. Following the attempted service on XX/XX/XXXX I have been involved in an on-going process where a business debt was illegally assigned to a consumer/individual. In order to pursue the current complaint, it was XXXX XXXX XXXX obligation to offer evidence and proof to the court that it had standing to bring the cause of action, as XXXX XXXX XXXX is not a party to the original agreement. " One reason for such a requirement is simple : 'One who is not a party to a contract can not maintain a suit upon it. If [ the entity ] was a successor in interest to a party to the [ contract ] it was incumbent upon it to prove this to the court. '' ' Bank of New York v. Romero, 2014-NMSC-007, , J17, 320 P.3d 1, quoting L.R. Prop. Mgmt., Inc. v. Grebe , 1981-NMSC-035,, J7, 96 N.M. 22, 627 P.2d 864. XXXX XXXX, XXXX offered no evidence to the court prior to the issuance of the default judgment that it had standing to enforce the terms of the agreement. It alleged it did, but it offered no evidence of standing. Further, as noted by the court in XXXX XXXX XXXX XXXX, " [ p ] ossession of an unendorsed note made payable to a third party does not establish the right of enforcement, just as finding a lost check made payable to a particular party does not allow the finder to cash it. '' Id., at, J23. Unlike the note at issue in XXXX XXXX XXXX XXXX, the copy of the agreement offered to the court here did not have any endorsements and no evidence was offered that XXXX XXXX, XXXX properly held the note and had standing to enforce it. In addition, as evidenced by XXXX XXXX 's Response to validate debt, XXXX XXXX, XXXX misrepresented to the court that the copy of the agreement attached to the complaint constituted a true and correct copy of the agreement. The Complaint attached a two page " Premium Creditline for Business Authorization and Personal Guaranty ''. That this did not constitute a true and correct copy of the Agreement should have been obvious from the fact that the agreement attached to the Complaint had absolutely no terms, other than the terms regarding the guaranty. By way of contrast, what was later offered to the New Mexico court with the Amended and Restated Loan Agreement ( attached to this complaint ) which contains a complete agreement with terms, and then a separate guaranty agreement. XXXX XXXX, XXXX in its response to validation request also attached as Exhibit B a " Lost Instrument Affidavit '' from Bank of America swearing that the attachment to that Affidavit is a true and correct copy of the agreement. Unlike the two page guaranty that was attached to the original Complaint, the attachment to the " Lost Instrument Affidavit '' is a fourteen page document including express terms regarding the loan to XXXX XXXX XXXX. Finally, while the agreement attached to the Complaint was not a true and complete copy of the agreement and XXXX XXXX, XXXX offered no evidence that it had standing to enforce its terms, the portion of the agreement attached to the Complaint clearly reflects that the New Mexico court would not have had jurisdiction to consider the complaint even if XXXX XXXX, XXXX could establish the other necessary facts. In bold type immediately above Defendant 's signature on behalf of XXXX XXXX XXXX, the note provides " THIS GUARANTY IS GOVERNED BY FEDERAL LAW AND THE LAWS OF NORTH CAROLINA. GUARANTOR ACKNOWLEDGES THAT ANY CONTROVERSIES OR CLAIMS RELATING TO THIS GUARANTY ARE SUBJECT TO ARBITRATION AND/OR JURY TRIAL WAIVER AS PROVIDED IN THE CREDITLINE AGREEMENT. GUARANTOR ACKNOWLEDGES THIS IS A COMMERCIAL TRANSACTION AND NOT A CONSUMER TRANSACTION ''. The key point was that this was not a consumer transaction and was not guaranteed by myself. As Bank of America and XXXX XXXX XXXX, had agreed that all claims would be resolved by arbitration, specifically including any guaranty claims, XXXX XXXX, XXXX could not bring this matter into New Mexico court and the New Mexico court had no jurisdiction over the matter, including no jurisdiction to enter a judgment against I as an Individual/Consumer. As noted and argued by XXXX XXXX XXXX XXXX, I was required to establish proof of a meritorious defense- which I did. Essentially, XXXX XXXX, XXXX lacked standing to bring this suit, the New Mexico court lacked standing to hear the suit, and XXXX XXXX, XXXX failed to prove the terms of the agreement. On a related note, with regard to the requirement for excusable neglect the New Mexico court even had my sworn affidavit noting that I was never served prior to the initiation of this litigation and was not aware of the publication. Further, as sworn by myself, I had no notice of the litigation and judgment against myself until XX/XX/XXXX. In fact, the judgment has been assigned to my spouse- who I was not married to at the time this agreement was established. My spouse was not aware of the judment until XX/XX/XXXX when it was confirmed that funds were being illegally withheld from a paycheck and directed to XXXX XXXX, XXXX. As attempts to set aside judgement in a court remain slow, we believe that this collection of a debt was illegal and known to be illegal as its time of alleged transfer from Bank of America to XXXX XXXX, XXXX. As of this date, XXXX XXXX, XXXX continues to illegally collect on a debt that it did not prove it owned or that this debt was even guaranteed individually by myself.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NM
Zip: 87108
Submitted Via: Web
Date Sent: 2023-08-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-01
Issue: Unexpected or other fees
Subissue:
Consumer Complaint: Someone filed for XXXX benefits under my social security number. I notified Bank of America as soon as I knew of the fraudulent activity in my name. Bank of America failed to file a claim for the benefits paid through XXXX. I was told to contact XXXX and the benefits would be repaid to me directly, which they were not. Over hundreds of phone calls made to XXXX and Bank of America between XXXX XXXX, and I'm still not received the benefits that should have been paid to me on my unemployment insurance claim. On XX/XX/XXXX, XXXX finally gave me the correct answer to reclaiming the benefits paid to the fraudulent person and that was to deal with Bank of America. On XX/XX/XXXX I filed a claim with Bank of America because they had not originally for the fraudulent activity. Bank of America then broke up the claim into four separate claims because the fraudulent person had requested different ATM cards over the time span of the claim. Three of the claims have been approved and one claim has not been. The one claim that has not been approved is for a total of XXXX. The other claim amounts were {$2100.00}, {$2400.00} and one {$5000.00} electronic bank transfer. Old claims were originally denied multiple times before 3 of the 4 claims were approved. During that time Bank of America new of the fraudulent activity yet because of a error in XXXX system. My correct address was never updated and is still yet to be updated in Bank of America system. So every time there was an update on the claim or the claim decision, they were sending my personal information to the fraudulent persons address. This continues to happen over and over again despite notes claim to have been put on the account by Bank of America managers/ supervisors . The claims originally were denied for being more than 365 days old. Which unfortunately, because I didn't know about the fraudulent activity right away, I couldn't file a claim. And if Bank of America had filed a claim in my behalf originally when I notified them XXXX of XXXX, the claims would not have fallen outside of the 365 day window. The Second time the claims were denied I was told because they were transactions on the prepaid debit card after I had notified them of fraudulent activity. Which supervisors at Bank of America have verified that there were no transactions after the fraud was reported. It is now been over a year Calling two times a week for status updates on the claim and it is now been escalated to the point where Bank of America has no time frame on when the claim will be decided upon. It goes months in the investigator 's hands with no update. As of today XX/XX/XXXX. I was told the last time the investigators left a note on the account was early XXXX. I feel like I have been stonewald in getting any sort of resolution and reclaiming the XXXX benefits that should have been paid to me. XXXX has reported to the internal revenue tax offices that I received these benefits and I have received letters requesting that I pay the taxes such benefits then I did not receive. I've requested for documentation from Bank of America on why the three other claims were approved, and was told that they are not allowed to give out the information on how the claims were approved and or why. I've tried to seek legal counsel but have not been able to find a lawyer or an attorney that knows how to go about dealing with Bank of America and resolving this issue. I've done everything. Bank of America has asked, sending in a statement of fax original police report numbers from when I found out about the fraud copies of my driver 's license. with XXXX, I jumped through multiple hoops and rings of fire verifying my identity, sending in copies of bills and bank statements and sworn affidavits verifying I am who I am. Going through the appeals court and even doing a live ID me interview proving I am who I am. I know this is long-winded but that is the short version of my problems with Bank of America XXXX I hope that you're able to provide assistance and resolving this issue and coming to a resolution with Bank of America. Thank you for your help.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 92705
Submitted Via: Web
Date Sent: 2023-08-01
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-01
Issue: Problem with fraud alerts or security freezes
Subissue:
Consumer Complaint: Bank of America has closed my account over {$10.00} I received via XXXX from the person I know. Receipment day was XX/XX/2023 XXXXXXXX XXXX When I contacted to this person ( owner of XXXX XXXX ) he said he was traveling in XXXX and his phone got stolen. The people who stole his phone they hacked his bank account and took his money out via XXXX to themselves and at the same time to cover themselves they sent out XXXX $ transactions to people on his XXXX list XXXX Bank of America deducted that {$10.00} from my account and closed my account at the same time they left fraud alert on my report now Im not able to get an account with any other bank in the community,
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NY
Zip: 11235
Submitted Via: Web
Date Sent: 2023-08-01
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A