Consumer complaint received 2023-12-08
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NV
Product: Money transfer, virtual currency, or money service
Sub-product: Domestic (US) money transfer
Issue: Money was not available when promised

Complaint:
I was issued a check by my law firm, the XXXX XXXX XXXX, at the resolve of her personal injury settlement. This check cleared through the XXXX XXXXXXXX XXXX XXXX, XXXX XXXXXXXX XXXX XXXX, and was delivered to me to deposit. I then deposited the check with Bank of America in an existing account in XXXX of XXXX. At this time, Bank of America froze the processing of the check and closed my account. I have been without access to my personal injury settlement funds for over a year with no relief or explanation from Bank of America as to why this check is considered fraudulent. 

Bank of Americas policies have created a shroud of obscurity regarding fraud protections for its customers. I am not provided information, nor will Bank of America speak with my law firm, or with the issuer XXXX XXXX XXXX, or issuing bank XXXX XXXX XXXX XXXX, about the why the check was dishonored and the funds have been on hold for a year and a half. Nor will Bank of America provide clarity on how to release this check. Bank of America has only said in relation to the check that it deems the check to be fraudulent but will not release a reason why to me or XXXX XXXX Bank. In order for me to be issued another check by the XXXX XXXX XXXX, their original check, Check No. XXXX, XXXX XXXX. XXXX dated XX/XX/XXXX, needs to be released by Bank of America so that the XXXX XXXX XXXX may void and reissue me a personal injury settlement check with my due funds. 

I will not accept an answer this time of privileged information as the law provides in case of a dishonored check, as I am due reasonable grounds for the withholding of my funds. The bank may not have both an inconspicuous fraud policy by which I nor XXXX XXXX can not defend against and a vague or nonexistent release check policy. Bank of America contacted and resolved with XXXX XXXX that the check was indeed not fraudulent and promised me a return on several occasions, but never actually produced a return of the check or a release of the funds. 

Me and my firm spoke to the XXXX XXXX XXXX to involve them in the release demand. XXXX XXXX XXXX  also scheduled a call with their XXXX XXXX XXXX XXXX Representative to verify that the check was good. On XX/XX/XXXX, we, the XXXX XXXX XXXX, XXXX XXXX Representative, me and my firm, jointly called Bank of America, with myself on the line to approve this discussion with Bank of America regarding my account and this check. During this call, Bank of America did not allow themselves to be spoken to by XXXX XXXX XXXX the Client, XXXX XXXX XXXX, or XXXX XXXX. Bank of America insisted that the call end and that only the XXXX XXXX Representatives contact information be left with Bank of America for a follow-up return call. 

I followed up several times with Bank of America since this call and was told on each occasion that the check would indeed be released after a certain number of business days. Upon each date for the check to be released, Bank of America denied the release and gave me a new date and a new excuse, as I mentioned above. The steps Bank of America gave me to have the check released from Bank of America are as follows : First, the Accounting Department at XXXX XXXX XXXX  writes to XXXX XXXX and requests that they write to Bank of America, clarified below. 

Write to XXXX XXXX and request that they write, via fax or mailed request, to the fraud department of Bank of America requesting a release of the check they sent. 
Here is the Bank of America Fraud Department information : i. Fax : XXXX XXXX. Mailing address : Bank of America ACH Services XXXX XXXX XXXX XXXX TX XXXX XXXX. No email for this department. 
iv. Phone : XXXX Only XXXX XXXX can make this written request to release the check from the fraud department at Bank of America. This means that I can not do this directly myself. XXXX XXXX XXXX, an authorized account user representative and her legal representative, can not make this request. The accounting director at XXXX XXXX XXXX, will also not be qualified to make this request. Bank of Americas policy requires that only the issuing bank, here XXXX XXXX Bank Nevada, directly contact Bank of Americas Fraud Department in writing only to have the check released and returned. 

Upon the release and return, XXXX XXXX XXXX should void the original check and issue another to my new account and bank. 

I presented a check that was payable on demand. My check was accepted by Bank of America, and then Bank of America did not honor my check by payment. By not paying a payable on demand check presented to it, Bank of America dishonored my check. Bank of America has since withheld the check, and its payable funds, without an expeditious return. 

The practice of sending notice that an institution has dishonored a check is regulated by the C.F.R.. If a check is dishonored, timely notice must be provided by the institution that a check has been dishonored, meaning that the provision of such notice is without delay. Bank of America was required to send a formal notice to XXXX XXXX stating that it would not accept the accepted check and why. Bank of America was required to expeditiously return my check unless it could provide reasonable grounds or doubt for its nonpayment. Bank of Americas failure to provide reasonable grounds that my check was dishonored and unpayable to either myself or the issuing bank XXXX XXXX for over a year is unacceptable. Bank of America has not made clear its reasons for claiming my check to be a fraudulent check and will not release the funds to my or return the funds to XXXX XXXX. 

Upon the recommendation of the Nevada Attorney General, I called the Nevada Financial Institutions Division who referenced me to make a complaint with the Office of the Comptroller of the Currency as Bank of America is a national bank rather than a local one. I filed a complaint a month ago with the OCC notifying them of Bank of Americas withholding. 

This situation has been ongoing for over a year and the lack of effort and communication to resolve this matter reflects poorly on Bank of America as an institution. Moreover, the lack of effort by any institution to investigate this matter means that I will have to pursue action through the courts and seek compensation for my expenses and loss of interest resulting from the nonpayment of my check.

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 monetary relief