Date Received: 2024-01-22
Issue: Fraud or scam
Subissue:
Consumer Complaint: Commencing on or about XX/XX/2023, I fell victim to a multilayered scam operation orchestrated by XXXXXXXX XXXX XXXX XXXX XXXX ( the XXXX ), with the design, development, manufacturing, promoting, marketing, distributing, labeling, and/or sale of illegal and outright fraudulent investment services, all of which aim at contributing to the goal of robbing and defrauding clients through a predetermined cycle of the client losses to gains. Money was transferred from my account in the total amount of XXXX USD utilizing BOAs services. When determining whats reasonable and fair, we should focus on the issue of liability ; common queries include, but are not limited to, the following ( i ) whether BOA did not take notice of any rule, law, or regulation, and/or possibly missed any material elements of the relevant bylaws or codes of conduct, that may have prevented them from protecting my financial safety ; ( ii ) whether by virtue of BOAs custodianship over my funds or by its control over them, they owed a fiduciary duty to me and if so, whether that duty was breached ; ( iii ) whether BOA promoted the transaction ( s ) in question despite being aware of the nature of the transaction ( s ) in question ( iv ) whether BOA was in compliance with its own policies and procedures ; ( v ) whether BOA owed duties to myself, what the scope of those duties was, and whether BOA did not uphold those duties ; ( vi ) whether BOAs conduct was unfair ; and ( vii ) whether BOA has within its power the ability to, and should, compensate me for the harm that has befallen me. Upon identification of such unusual or suspicious activity, it is crucial that the relevant staff member adequately describe the factors making an activity or transaction suspicious, thoroughly depict the extent and nature of this activity, and properly communicate to the customer that such activity meets the relevant criteria of fraud. In providing its services to a customer, a financial institution is legally required to exercise the care and skill of a diligent, prudent banker. In this case, the payment service provider should not turn a blind eye to known facts pointing to a real possibility that their customer is being scammed. In other words, BOA must have had special knowledge of what was occurring or been alerted to a real possibility of fraud taking place. The financial institution must have known or reasonably ought to have known that I was dealing with a scammer. All of the evidence suggests that BOA could have foreseen the fraud, and disregarded even the most obvious dangers in this respect.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MD
Zip: 20817
Submitted Via: Web
Date Sent: 2024-01-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-22
Issue: Problem getting a card or closing an account
Subissue: Trouble getting, activating, or registering a card
Consumer Complaint: I still have not received a prepaid XXXX card for Unemployment insurance. I was approved for payment in XXXX in XXXX. I have a letter from XXXX that says I am approved for benefits.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 92663
Submitted Via: Web
Date Sent: 2024-01-22
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-23
Issue: Closing an account
Subissue: Funds not received from closed account
Consumer Complaint: I already opened a claim with cfpb and now Bank of America closed my accounts and I spoke with someone named XXXX from correspond team saying this and that now they closed my account because they didnt want to give me my fund from other claim and they credit the money and then took it away again and they give me a full refund after I open the claim with cfpb XXXX weeks later funds were reversed and they adjusted things and I was negative XXXX in checking account and negative in saving I dont recall maybe XXXX now I had a problem also again open a claim and they closed my account and I reopened a cfpb report and they approved the funds and now they took XXXX and XXXX XXXX cant even see why they just send money why would they be able to charge u money of your account is closed and you cant even get money out a my a brunch I had XXXX in saving now its only XXXX something the agent said after all they took Im reporting all this cause I have letters and all the proof since the beginning of my first claim that I been struggling to pay my bills ever since I will proceed legally cause Im so tired of Bank of America last statement has XXXX and something I have already send all info to my lawyer why can they move your money and send and a send letters about taking your money because fees or money owed but you cant even touch your own money and they close your account due to there mistakes
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 95356
Submitted Via: Web
Date Sent: 2024-01-23
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-23
Issue: Problem getting a card or closing an account
Subissue: Trouble getting, activating, or registering a card
Consumer Complaint: Received an email from Bank of America, stating that a letter was sent on XXXX XXXX containing a check or prepaid debit card. Which I never received. I was asked to call XXXX to update the records. They collected all the personal information including my SSi #, address and my security question & answers. I was given run around to different representatives. They put me on hold for XXXX minutes. I didn't get any answers except complete silence. I think my email and above phone # XXXX are fraud. The email was from XXXX XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 912XX
Submitted Via: Web
Date Sent: 2024-01-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-22
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: XX/XX/XXXX Subject : Complaint and Urgent Request for Compliance Dear receipantt, I hope this communication finds you in good health. I am writing to you regarding some substantial concerns I have uncovered during my thorough examination of the operations of XXXX. As a conscientious consumer and advocate for ethical business practices, I believe it is crucial to bring these matters to your attention for immediate investigation and resolution. 1. Opting Out Violation ( 15 USC 6802-6805 ) : Upon reviewing the legal framework provided by 15 USC 6802-6805 , which empowers consumers to opt out of financial information sharing with institutions, I have observed potential instances where Bank of America California might not be fully adhering to these statutory provisions. This has raised concerns about the protection of consumer privacy rights. It is my earnest request that your team conducts a comprehensive review and takes necessary steps to rectify any non-compliance issues promptly. 2. Credit Report Accuracy Infringement ( 15 USC 1681 ) : In the course of scrutinizing my credit report obtained from [ XXXX XXXX XXXX XXXX, I have uncover discrepancies that may be in violation of 15 USC 1681. This crucial federal law mandates the accuracy and fairness of credit reporting, placing a responsibility on entities like XXXX to conduct thorough investigations and promptly rectify any inaccuracies. Ensuring compliance with this law is vital for maintaining consumer trust and confidence. 3. CFPB Complaints Negligence : My investigation has brought to light a potential neglect in addressing and resolving complaints submitted to the Consumer Financial Protection Bureau ( CFPB ). Failure to actively engage with and resolve these complaints is a direct violation of CFPB regulations. I urge Bank of America California to conduct an in-depth internal review, recognizing and rectifying any shortcomings in addressing outstanding complaints. This proactive approach is not only essential for regulatory compliance but also crucial for upholding the reputation of your organization. 4. Privacy Act of 1974 Non-Compliance ( 5 U.S.C. 552a ) : Preliminary findings suggest a potential non-compliance with the Privacy Act of 1974 ( 5 U.S.C. 552a ). This federal legislation mandates precise management of personal information by government entities. Any deviation from its stipulations requires immediate attention. I strongly recommend that Bank of america california initiates an immediate internal audit to ensure strict adherence to the Privacy Act. Proactive steps in this regard will not only align the organization with legal mandates but also enhance overall data protection measures. 5. General Redress and Compensation ( 15 U.S.C. 1681n ) : The collective impact of these infringements has resulted in both quantifiable and intangible harm. In accordance with 15 U.S.C. 1681n, I formally demand bank of america to provide due compensation for the distress and material losses borne as a direct consequence of these transgressions. This includes but is not limited to the time and effort expended in rectifying inaccuracies, emotional distress, and any financial repercussions suffered. To facilitate a fair and swift resolution, I kindly request a comprehensive response addressing each of the highlighted concerns within [ 30 days ]. I believe that your immediate attention to these matters will not only lead to a swift resolution but also uphold the integrity of legal mandates and safeguard the rights and interests of consumers. Thank you for your prompt consideration. I look forward to your timely response. Yours sincerely, XXXX XXXX XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30252
Submitted Via: Web
Date Sent: 2024-01-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-22
Issue: Other features, terms, or problems
Subissue: Other problem
Consumer Complaint: Account number on statement postmarked XX/XX/2023 reflects account ending XXXX while both I and XXXX have on file account ending XXXX. As I attempt to settle this account I have received numerous notifications that there is still activity on this account. XXXX does not work to verify account in automated phone system while XXXX does. Bank of America will not grant me access to online portal. Very fishy.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NC
Zip: 28269
Submitted Via: Web
Date Sent: 2024-01-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-22
Issue: Advertising and marketing, including promotional offers
Subissue: Didn't receive advertised or promotional terms
Consumer Complaint: BoA The following, they offered to give me {$200.00} if I spend {$1000.00} in the first three months. I did it, but they never gave me the promotion. In fact, they said that there had never been such a promotion.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NJ
Zip: 07307
Submitted Via: Web
Date Sent: 2024-01-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-22
Issue: Problem with a purchase or transfer
Subissue: Card company isn't resolving a dispute about a purchase or transfer
Consumer Complaint: Back on XX/XX/XXXX an pandemic unemployment account was created in my name. The card was sent to the assailant address. i found this information out when i received a notice stating that i had to pay a over payment from unemployment back. Unemployment had 3 addresses on file under my name. 2 that belong to the assailant and one that belong to myself. Back in XXXX i Tried to apply for pandemic unemployment and i was locked out. It stated an account was already created. I Called Bank Of America i gave them my address. They advise me that was Not the address on file. I asked them could i change on file or could they give me the address they had on file. She stated NO, they couldn't give me the address they had on file and if i needed to make any changes i had to contact Maryland unemployment. I tried contacting Maryland unemployment for months with NO luck. I them received a notice about an over payment. via email. I tried emailing, calling, and visiting the building. no one answered email, the phone lines was still busy, and building still closed. I filed a police report with XXXX XXXX Police Department in XXXX about identity theft because at this point i have received SEVERAL notice of someone using my Social security number and DL. In XX/XX/XXXX i had to make an appointment with XXXX ( XXXX XXXX XXXX ) to report that my DL was stolen and the same day i was reporting that someone was creating a Social security account having a SS card mailed to them. I couldn't get a dup DL until XXXX of XXXX a month after an Unemployment account was created. i have submitted so much evidence police reports, XXXX reports, Social security administration letters stating fraud was created, i have disputed BOA transactions from day XXXX XX/XX/XXXX just to continuously get denied. i have provided ALL documentation and still DENIED. I have even provided the information and address of the person that committed the crime. Still DENIED. Once i sent my DL via fax they Finally changed my address to my Correct address after serval attempts of trying to give them my correct address. Once they changed my address all i ever received was denial letters from the disputes about the whole ordeal.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MD
Zip: 21244
Submitted Via: Web
Date Sent: 2024-01-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-22
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I have an excellent credit for the least XXXX years of my life paying my cards in full before the due date. My cards are in auto pay for years without having any issues. I went on vacation in XXXX XXXX confident that my cards were in auto pay. Upon my return in XXXX I noticed that my card of bank of America was 2 months past due. Per conversation with XXXX at Bank of America, she informed me that the bank did a reboot of their system disconnecting all the auto pays. Meanwhile, I did not get any notification that this was happening. Of course I immediately paid my due balance of {$450.00} in full. she apologizes for the inconvenience but meanwhile my credit is not restored as they promised. They should never report past due payment when they know that this happened because of them. Now my credit is low and that upset me because I never had such a low credit score. that affecting me in purchasing other things that I need. I need you to help restore my credit score. they should remove this late payment of my record. Thank you much for your attention. if you would like to discuss further, please feel free to call me at XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NY
Zip: 113XX
Submitted Via: Web
Date Sent: 2024-01-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-22
Issue: Trouble during payment process
Subissue: Payment process
Consumer Complaint: On XX/XX/XXXX I contacted Bank of America to verify why my loan statement indicated that my mortgage balance was {$4400.00} after completing a modification. Bank of America 's process is to place all past due balances to the rear of the loan upon completing a modification, which brings the loan current. I explained to the representative that I completed a loan modification in XXXX and all payments were made on time, in which she agreed and confirmed that she reviewed the documents and the modification was completed. She also reviewed with the underwriting team and I was told that payments were misapplied and would be corrected in about 5 business days. I called back on XX/XX/XXXX for an update and was told it was still being reviewed and escalated and I was given a case number. I called again today, XX/XX/XXXX and was told it was still being reviewed and to call back on XX/XX/XXXX. I also informed the representatives that I have been receiving unsettling text messages and phone calls from people inquiring to buy my home. The misapplication of payments makes it appear that my loan is in default for foreclosure as well as negatively affecting my credit report and score. I have complications that require XXXX this month and having to deal with this process is causing unwanted emotional and physical stress on my body, embarrassment from callers to my phone, and the fear that I could lose my home. I have spoken to various people and departments within Bank of America and they are aware of the misapplication of payments so I am not sure why this process has taken this long, especially after it was escalated.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30331
Submitted Via: Web
Date Sent: 2024-01-22
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A