Consumer complaint received 2023-04-19
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TN
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Fee problem

Complaint:
Dear Bank of America Legal Dept. : I have incurred at least twenty-seven ( 27 ) fees, totaling at least {$170.00}, of which only four ( 4 ) fees have been reversed for a total fee reversal credit of {$27.00}. To date, my calculations show that I have been charged at least {$140.00} in junk fees XXXX Bank of America ATM fees ( including in the State of Alabama where there are no Bank of America locations ), Monthly Maintenance Fees, Wire Transfer Fees, a Stop Payment Fee, etc. In fact, even after initiating a complaint with Bank of America regarding the aforementioned fees, I was charged another Monthly Maintenance Fee of {$12.00} on XX/XX/2023. 

After several unsuccessful attempts to mitigate through the proper channels within Bank of America, including through Bank of Americas Executive Resolutions Dept., I believe it is necessary at this point to seek relief through a court of law. In addition, I intend to file a formal complaint with my State Attorney General, the Consumer Financial Protection Bureau ( CFPB ) and Federal Trade Commission ( FTC ), each of whom share enforcement authority. 

In addition to a Court of proper jurisdiction, and my State Attorney General, enforcement authority extends to the Consumer Financial Protection Bureau and Federal Trade Commission. In fact, a large majority of enforcement action in matters such as this come from the CFPB and/or FTC, and both agencies are ramping up enforcement of junk fees. President Biden recently called on Congress during his State of the Union Address to pass the Junk Fee Prevention Act, which will reduce hidden or unexpected charges from banks, hotels, airlines, and other service providers. Even as the Administration is taking significant steps to use existing authority to eliminate junk fees, the President is calling on Congress to pass a Junk Fee Prevention Act that cracks down on four types of junk fees that cost American consumers billions of dollars a year. I would caution Bank of America against taking a position that their fees are lawful and do not fall under the aforementioned type of junk fees. XXXX : //www.whitehouse.gov/briefing-room/statements- releases/2023/02/01/fact-sheet-president-biden-highlights-new-progress-on-his-competition-agenda/ Becauseof thepossibilityof alawsuitarisingout of this situation, it is important that Bank of America preserve all potential evidence. Specifically, please preserve evidence such as documents, electronically stored information - including electronic documents, emails, electronic data, photographs, videos, and metadata showing dates of creation, modification, or deletion of files - and tangible things which may become discoverable in litigation. Moreover, please preserve any and all potential electronic evidence, including but not limited to, the hard drives of any employee who may become a party or a witness to litigation, the history of website or internet usage, and electronic mail received or sent. Please do not destroy, erase, or otherwise alter any writings or documents, regardless of physical form or type. 

While I am certainly amenable to amicable resolution to prevent unnecessary, time-consuming, costly litigation for all parties, I must note this situation has been ongoing for a very long time and likely affects a very large class of individuals. In fact, a XXXX, 2023 Bank of America Press Release indicates Bank of America serves approximately XXXX XXXX consumer and small business clients. Assuming only XXXX of Bank of America clients have incurred a similar amount of junk fees as I, that would amount to over {$2.00} XXXX dollars in fees alone that Bank of America has collected. I estimate that number is much larger, and governing agencies such as the CFPB and FTC can issue a Civil Investigative Demand to determine the exact number. 

Should litigation become necessary, I will file this case in United States District Court ( Federal Court ) and pursue the maximum recovery possible for actual damages, punitive damages, statutory damages, and attorneys fees and costs. In addition, I will seek an Order enjoining Bank of America from continuing to engage in unfair and deceptive practices. 

Regards, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TN. XXXX ( XXXX ) XXXX XXXX XXXX

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation