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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