Consumer complaint received 2023-06-27
Company: UNITED COMMUNITY BANK
State: GA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Fee problem

Complaint:
Unfair or Deceptive Practices in Consumer Transactions This complaint has NOT been addressed appropriately by legal counsel of United Community Bank, namely XXXX XXXX XXXX, SVP & Deputy General Counsel. Instead, Georgia law and regulations were cited, referenced incorectly to serve as reason for the wrongful, fraudulent, and illegal assessment of fees to the referenced Estate Account. 

We are again referencing the Estate Account of XXXX XXXX XXXX. 
Under your " Applicable Authority '' you cite the GA Comp Rules and Regulations provide that an annount is " deemed to be dormant when the depositor ... has neither increased or decreased the amount of the deposit nor corresponded with the financial institution for a period of not less than XXXX months immediately preceeding the determination ''. So that would indicate the account is ACTIVE, until after a ( defined ) extended period of time. 
Per the official account opening documents entitled " Your DEPOSIT ACCOUNT TERMS AND CONDITIONS - ADDENDUM, DORMANT ACCOUNTS : If you have not made a withdrawal from, or a deposit to, your Account for an exended period of time AND WE HAVE BEEN UNABLE TO CONTACT YOU, your Account may be classified by us as dormant. Subject to applicable law, we may charge a dormant account fee on the Account and the Account will be presumed to be abandoned. '' I have received and I am in possession of every statement sent to the given address. I have NOT been given any notice that the account is in jeopardy of being deemed DORMANT, nor have I been given any notice of potential methods of remedy, as with other banks who regularly notify and even send a signature card in order to extend " ACTIVE '' status for an additional 12 months with No FEES. Also, as a note of your bank 's " Official Published Account Opening Documents and Disclosures '', the Legally Published Fee Schedule is presented, and reflects Dormant Accounts may be assessed {$5.00} per month during the DORMANCY Period ( the period of up to 12 months AFTER efforts have been made to NOTIFY the ACCOUNT OWNER and before the Escheatment process begins for determined ABANDONED PROPERTY. 
United Community Bank did NOT give any notice or attempt any contact with the account owner. 
Furthermore, as a note of unequal application of this Dormancy determination process, you noted the account had the same balance of {$240.00} from XX/XX/XXXX through XX/XX/XXXX ( which would have been considered Inactive for XXXX YEARS ) ( ... And - while the Estate was being contested, and during which the " BANK '' wrongfully accelerated payments from the decedent 's checking and savings accounts toward the decedant 's MORTGAGE, without notice to any of the CONTESTED ESTATE 's representatives )... ( and then not providing foreclosure intent and returned certified mailing information - which legally would have been subject to the subpoena demanded upon the bank for all Estate/Decedent 's information )... 

- which would under the same determination of inactivity of 12 months being deemed DORMANT, would have been labled as such as early as XX/XX/XXXX. Instead, your bank allowed the account to remain for 4 years -without notice of threat of dormancy. -of which I have the previous account records as Permanent Administrator.

Under O.C.G.A. 44-12-197 ( a ) ( 2 ) - ( 5 ) the relationship that we have maintained with the bank, even if for only the fact that we have contested issues and active lawsuits relating to this VERY Estate - satisfies we have had COMMUNICATION, INDICATION OF INTEREST, OR RELATIONSHIP pertaining to these funds. Clearly the account is NOT ABANDONED, nor have we moved, changed addresses, phone numbers or emails. It would therefore be wrongful to assess fees and/or close the account, unless only to terminate the relationship while attempting to intimidate the account-holder and my beneficiaries and assigns. 

And within the GA Comp R & Regs Rule 80-1-8-.01, ... '' such ( dormant ) charge may be assessed in an amount not to exceed {$5.00} per month ... ( and ) NO SERVICE CHARGE OR MAINTENANCE CHARGE MAY BE ASSESSED UNLESS THE FINANCIAL INSTITUTION PROVIDES WRITTEN NOTICE PRIOR TO THE INITIAL IMPOSITION OF THE CHARGES. '' The bank can not get around the fact that this account was not abandoned and the legally published fee schedule and company policy was not followed by not attempting to contact and/or notify the account holder, the method of determining dormancy, assessing a monthly fee of no more than {$5.00} per month during a dormancy period ( which is clearly the 12 months following the aforementioned 12 months of Active Account Status ( per the preceeding 12 months of statements showing an Active account and Active Account Balance ). It is without any common reasoning that your argument of the law shows an " Active '' period can be reclassified and retroactively be deemed as a " Dormancy '' period. You are correct in that " no ... charge may be assessed for the dormancy period beyond the first twelve months, because the DORMANCY PERIOD BEGINS upon the Bank notifying the accountholder ( at least by statements ) and deeming the Account as DORMANT. The prevailing Georgia law is clear enough to ascertain the actions taken by United Community Bank is fraudulent, IMPROPER, AND ILLEGAL, imposed under improper and unequal treatment to it's consumers. 

As I understand, the " Bank '' also has potential " class action '' lawsuits pending relating to inappropriate charging of fees to consumers and similar account closures. 
This complaint is intended to bring scrutiny to this financial institution for its wrongful and fraudulent practices in order to protect the consumers in the areas this " bank '' serves.

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