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Report: #102571

Complaint Review: Bank Of America - Phoenix Arizona

  • Submitted:
  • Updated:
  • Reported By: Mesa Arizona
  • Author Not Confirmed What's this?
  • Why?
  • Bank Of America www.bankofamerca.com Phoenix, Arizona U.S.A.
  • Phone: 800-432-1000
  • Web:
  • Category: Banks

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I have had a checking account with Bank of America (B of A) in AZ since 1988. I never have had an overdraft on a check with them - my credit up to now is spotless! In late June, over a 10-day period, someone somehow made 13 strange and unauthorized by me transactions on my ATM/Debit card associated with my account. I only became aware of them upon receiving a phone call on a Sat. morning (June 26) from a phone card company who had my name, and was asking if I would authorize a charge to my bank card for their product. I said absolutely no, and he indicated he would credit me that day.

After a minute of discussion with this phone card rep., he mentioned the email of the person who purchased the phone card using my bank card number and my name with it. I still had possession of my card. My daughter is 6 and my wife uses a different bank and card for her transactions. With this information, I reported the fraud to the B of A (Carlos Torres - a "good and caring man") and to Mesa, AZ police. I even invited the policeman to look himself at my account I had logged into in my home computer that Saturday June, 26. I am not verse with all the laws, but I believe the penalty for filing a false police report is severe.

B of A touts their fraud monitoring and reimbursement for transactions not authorized by you on TV. They were true to the word at first, as they immediately put the bogus charges ($952.37) back into my account a day later. With me not aware of the unauthorized charges, I had continued using my account for daily expenses the whole period (6-15 to 6-25), resulting in $205.00 in overdraft fees. Those, to were put right back into my account 2-3 days later.

Two letters from B of A unit FRDC01 in Phoenix dated 7-21-04 noted that a "thorough" investigation of the charges revealed they all were authorized, and that the amount would be reversed to me along with their fees. Case closed according to B of A.

Twice since I have called back (admittingly "hot") demanding explanation and reconsideration. The second rep. in their "Specialized Services" - John, said he didn't know who the first man was I talked to on 8-2 (Watkins), but he would bend a little and send me papers to sign for reconsideration. As of this filing, I am awaiting mail delivery of such.

John was very unfriendly, even when I reminded him there is a police report and I was given a phone call by one of the merchants who told me the email of the actual user of the card. (I have since traced that person down - a La Honda, CA AOL account). He even suggested I do what you expect a bank to do for you when you trust them with your funds - call the merchants myself! What is the mission of B of A?

He finally indicated he would initiate paperwork to send in for the reconsider. I also noted that the merchants had credited (by methods Not prompted by me) my account on the current account cycle to the tune of two of $25 each. Obviously, this amount would not need be reimbursed.

As best as I could decipher from the account details, there are now nine debits unauthorized by me from 8 separate merchants for $902.37. I don't know how nor should I have to contact these merchants in attempts to get back the funds B of A has mismanaged. I have trusted them since 1988 to actually perform this task and many others for me as I try to make a living as an educational video producer.

On the phone with Watkins and John, the reasons given for reversal mainly stem back to merchants having my name and card no. I do not know how someone would have obtained this data other than the fact that I am no different than many ATM card using Americans who often supply these numbers/name when making purchases by mail, phone, online, or sometimes point of contact for items we actually will benefit from.

The Phoenix debit card unit FRDC01 unit never once attempted to contact me from the initial claim file with Carlos Torres to this 7-21 closing of the dispute. A 3-way phone call between their fraud investigators, one or more of the 8 merchants, and myself would have verified the fraudulent use shedding light as to where, what time, and by what ID the person (email address!) utilized for 13 unauthorized transactions. I first offer my banks statements with them showing no transactions EVER (back to 1988) for these merchants by me. I would offer all my credit card statements, my cell phone and home phone records, my employer's affidavit of my location during the time period - B of A can name it... the evidence doesn't support me being responsible for this fraudulent spree from 6-15 to 6-25.

To top things off, I have accumulated almost $400 in overdraft fees (that B of A must be getting interest on) as my account on my paycheck couldn't endure current outstanding checks and debits in late July. So much for my family's medical emergency fund. That mutual fund was needed to cover some of these pending transactions after being surprised by the charge reversal by B of A, and to open a new account with a bank I think I can trust here in AZ, my Credit Union.

I am now out of pocket over $1,300 and have missed work and lost emergency, interest drawing funds due to incompetent B of A fraud investigations in Arizona. Again, what is their mission? Would any part of it include actually tracking down criminals who use their customers' names and card no's. for fraudulent spending? Their false TV advertising spots nationwide claim that.

One of the things in my favor is my profession in video production. I do have contacts with the Phoenix TV market stations (no. 19 in the nation). I know how to even shoot and edit my own story about this for TV. I have called a lawyer. I also asked back in June if they would relay the method as to how someone obtained my card no. and name to me, even give me a name after that person(s) is caught. If that is person is me, why would I invite the local police into my home to help investigate?

James
Mesa, Arizona
U.S.A.

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This report was posted on Ripoff Report on 08/07/2004 12:33 PM and is a permanent record located here: https://www.ripoffreport.com/reports/bank-of-america/phoenix-arizona-85072-9317/bank-of-america-rip-off-arizona-shoddy-fraud-investigations-by-phoenix-debit-operations-u-102571. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
8Consumer
1Employee/Owner

#9 Consumer Suggestion

Changing Banks

AUTHOR: Traci - (U.S.A.)

POSTED: Tuesday, November 30, 2004
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#8 Consumer Comment

Same thing with me!

AUTHOR: Ryan - (U.S.A.)

POSTED: Monday, November 22, 2004

James,

I recently had the same thing happen to me; apparently my ATM/DEBIT transactions happened in Buchurest, Romania...I can't remember the last time I was there. In fact, I was TDY (I am military) to Virginia at the time!

I received the same letter as you from BoA...after a"thourough" investigation we believe this to be a valid transaction...we will reverse the credit we gave you...etc. However, I am so far somethat lucky. They said they would take the money back but so far they have not (it's been several weeks)! I'm not sure whether to call back up and remind them or just wait for them to take it 6 months down the road when I have already assumed they wouldn't! I did make a phone call call (long distance number, isn't that nice) and left a voice message pretty much telling them off (I was polite, but firm) and maybe that's what halted them from taking back my funds. But of course I don't know that for sure to be the case since no one has ever gotten in touch with me in anyway regarding this matter; so much for a "thourough" investigation!

On the bright side I do have a Renter's Insurance policy with USAA and I am covered up to $5,000 for this type of fraud. It was just additional coverage with no deductible at all! So, if all goes well, I should get all my money back. I am thinking on moving my bank to USAA as well! Word to the wise: Have a Homeowner's or Renter's Insurance Policy - If you have one then go see if you are covered!

James, or anyone else, I would be interested in hearing what the final outcome is regarding your case or anyone else.

All this is definatelty a great source of shared knowledge and experience. We could all learn valuable tips to make things go our way! Thanks

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#7 Author of original report

I'm confident Banking Law such as Regulation E and the EFTA will result in a correct outcome for BOA and myself.

AUTHOR: James - (U.S.A.)

POSTED: Tuesday, August 17, 2004

Even though y funds are still gone and I received no products for them from merchants unknown to me, I am confident the OCC and BOA will work together for a resolution that will recover my loss, and find more info. as to how/where the transactions in dispute occured.

I've actually enjoyed speaking with several of the customer serv. reps of BOA, both the main and Specialized Services div. They do attempt to assist to the best of their ability. I hope to soon post an update here mentioning that the errors on my account were found to be legitimately "unauthorized", and subsequently returned to myself (along with my resulting overdraft fees).

The BOA isn't run by a computer, so human errors must be present somewhere at times in their co. like they are in all businesses.

Everything is now "opened" again and pending, patience and trust in my govt. is all I can have for now. I hope my case helps others in the long run - it provides a fair and just path to resolute a dispute between a corp. behomouth and a tiny little consumer.

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#6 REBUTTAL Individual responds

Here's the agencies and laws.....

AUTHOR: James - (U.S.A.)

POSTED: Friday, August 13, 2004

I made general reference in earlier post.
Turns out, BOA is regulated by The Office of the Comptroller of the Currency (OCC) an agency of the United States Department of the Treasury. The OCC charters, regulates, and supervises over 2,500 national banks and their operating subsidiaries to ensure a safe, sound and competitive national banking system that supports the citizens, communities and economy of the United States.
There are two ways you can file a formal written complaint with the OCC about a national bank or its operating subsidiary. You may mail or fax a letter - no special forms are required - to the Customer Assistance Group at the following:
Customer Assistance Group
1301 McKinney Street
Suite 3450
Houston, TX 77010
FAX: 713-336-4301

BOA in Arizona is at
1825 EAST BUCKEYE ROAD
PHOENIX , AZ 85034
and they are also under FDIC here.

Since I still, 5 business days later, have not received documents they say they(BOA)have supporting the investigation of the charges claiming they were authorized, I found this section of law they have broken, among others, in my case over $902.37.

Electronic Fund Transfer Act".

908. Error resolution
(d) If the financial institution determines after its investigation pursuant to subsection (a) or (c) that an error did not occur, it shall deliver or mail to the consumer an explanation of its findings within 3 business days after the conclusion of its investigation, and upon request of the consumer promptly deliver or mail to the consumer reproductions of all documents which the financial institution relied on to conclude that such error did not occur. The financial institution shall include notice of the right to request reproduction with the explanation of its findings.

Source: Section 908 of title IX of the Act of May 29, 1968 (Pub. L. No. 90-321), as added by title XX of the Act of November 10, 1978 (Pub. L. No. 95-630; 92 Stat. 3733), effective May 10, 1980]

I took time today to read thru much of the laws involving the elctronic funds transfer act - all the stuff that affects us consumers who use debit cards. Another fact from this area of law, us consumers are supposed to be liable of no more than $50 on unauthorized transaction.

Apparently, BOA has belief that I made or allowed these transactions. I am willing to call back to the police, and offer myself for arrest/fines if that is what the govt. finds in my claim I filed against the incompetent BOA fraud unit in Phoenix.
I am so sure of this thing.

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#5 Author of original report

No Lawsuit, There is some hope from the Feds and media here in AZ

AUTHOR: James - (U.S.A.)

POSTED: Thursday, August 12, 2004

As an update courtesy;
I did find a large branch of the Fed. govt. who oversees many national banks, including BOA. I talked personally to a claims person there in Houston (coincidently, BOA Headquarters! Score!).
He was very interested in my case. I hope this "generic" reference is not edited out. They are a .gov authentic agency.

My account being victim of fraudulent unauthorized spendings by an unknown outside party is supposed to be handled by my bank according to a law that Congress passed in 1978!

Also, my media connections are coming into play. I've been faxing records and letters over to a TV station reporter who I know thru co-workers. My case is blatantly, wrongly handled by BOA. It should Produce well on TV as a warning to consumers to check their transactions details daily online so as to minimize the magnitude of damage to their account. But that still wouldn't stop it from occuring.

All consumers who utilize an ATM/Debit card often could have this happen. It must happen thousands of times a year. If BOA or any bank handled accounts where criminals use your bank card no. and name to buy their c**p, these cards might as well be banned.

I am now a week in waiting for reconsideration papers from BOA. I can't believe they'd be so willing to lose a customer over $900 and the associated negative pub.

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#4 Author of original report

No Lawsuit, There is some hope from the Feds and media here in AZ

AUTHOR: James - (U.S.A.)

POSTED: Thursday, August 12, 2004

As an update courtesy;
I did find a large branch of the Fed. govt. who oversees many national banks, including BOA. I talked personally to a claims person there in Houston (coincidently, BOA Headquarters! Score!).
He was very interested in my case. I hope this "generic" reference is not edited out. They are a .gov authentic agency.

My account being victim of fraudulent unauthorized spendings by an unknown outside party is supposed to be handled by my bank according to a law that Congress passed in 1978!

Also, my media connections are coming into play. I've been faxing records and letters over to a TV station reporter who I know thru co-workers. My case is blatantly, wrongly handled by BOA. It should Produce well on TV as a warning to consumers to check their transactions details daily online so as to minimize the magnitude of damage to their account. But that still wouldn't stop it from occuring.

All consumers who utilize an ATM/Debit card often could have this happen. It must happen thousands of times a year. If BOA or any bank handled accounts where criminals use your bank card no. and name to buy their c**p, these cards might as well be banned.

I am now a week in waiting for reconsideration papers from BOA. I can't believe they'd be so willing to lose a customer over $900 and the associated negative pub.

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#3 Author of original report

No Lawsuit, There is some hope from the Feds and media here in AZ

AUTHOR: James - (U.S.A.)

POSTED: Thursday, August 12, 2004

As an update courtesy;
I did find a large branch of the Fed. govt. who oversees many national banks, including BOA. I talked personally to a claims person there in Houston (coincidently, BOA Headquarters! Score!).
He was very interested in my case. I hope this "generic" reference is not edited out. They are a .gov authentic agency.

My account being victim of fraudulent unauthorized spendings by an unknown outside party is supposed to be handled by my bank according to a law that Congress passed in 1978!

Also, my media connections are coming into play. I've been faxing records and letters over to a TV station reporter who I know thru co-workers. My case is blatantly, wrongly handled by BOA. It should Produce well on TV as a warning to consumers to check their transactions details daily online so as to minimize the magnitude of damage to their account. But that still wouldn't stop it from occuring.

All consumers who utilize an ATM/Debit card often could have this happen. It must happen thousands of times a year. If BOA or any bank handled accounts where criminals use your bank card no. and name to buy their c**p, these cards might as well be banned.

I am now a week in waiting for reconsideration papers from BOA. I can't believe they'd be so willing to lose a customer over $900 and the associated negative pub.

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#2 Author of original report

No Lawsuit, There is some hope from the Feds and media here in AZ

AUTHOR: James - (U.S.A.)

POSTED: Thursday, August 12, 2004

As an update courtesy;
I did find a large branch of the Fed. govt. who oversees many national banks, including BOA. I talked personally to a claims person there in Houston (coincidently, BOA Headquarters! Score!).
He was very interested in my case. I hope this "generic" reference is not edited out. They are a .gov authentic agency.

My account being victim of fraudulent unauthorized spendings by an unknown outside party is supposed to be handled by my bank according to a law that Congress passed in 1978!

Also, my media connections are coming into play. I've been faxing records and letters over to a TV station reporter who I know thru co-workers. My case is blatantly, wrongly handled by BOA. It should Produce well on TV as a warning to consumers to check their transactions details daily online so as to minimize the magnitude of damage to their account. But that still wouldn't stop it from occuring.

All consumers who utilize an ATM/Debit card often could have this happen. It must happen thousands of times a year. If BOA or any bank handled accounts where criminals use your bank card no. and name to buy their c**p, these cards might as well be banned.

I am now a week in waiting for reconsideration papers from BOA. I can't believe they'd be so willing to lose a customer over $900 and the associated negative pub.

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#1 Author of original report

Bank of America, Debit Card Operations, Unit FRDC01, PO Box 53137, Phoenix Arizona

AUTHOR: James - (U.S.A.)

POSTED: Saturday, August 07, 2004

Here is the printed contact information on Bank of America here in Arizona who I have an account. The information in my original 8-7-04 filing is complete for now, I just wanted to ad this known address to make sure consumers realize it's not just an online co. situation.

I am planning on filing a BBB complaint thru the central & northern arizona office next week after I hopefully receive their paperwork for reconsideration on the closed investigation.
If they would only put back my missing funds of $902.37 and the overdrafts of nearly $400, I would be satisfied and be willing to update this complaint with a favorable reply for them.
B of A Customer since 1988 in Mesa, AZ.

B of A
Debit Card Operations, Unit FRDC01
PO Box 53137
Phoenix, AZ 85072-9317

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