Consumer complaint received 2017-05-17
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NC
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Cashing a check

Complaint:
Most recent incident date :  XXXX   XXXX ,  XXXX  Financial Institution : Bank of America and the  XXXX   XXXX . branch in  XXXX , NC Employees involved :  XXXX   XXXX ,  XXXX   XXXX ,  XXXX   XXXX   (   XXXX   XXXX   XXXX   ) Horrible Cu stomer Service, Inconsistencies and Discrimination I have been a customer of Bank of America since  XXXX . I have been treated unfairly and inconsistently by branch employees and managers. I feel that I am being discriminated against and humiliated by branch employees inside the branches when I attempt to cash, deposit and seek to access funds from a payroll check. I have been cashing and depositing these checks from the same employer, ever y two weeks, for over one and a half yea rs, to date. Never has one check from this employer been dishonored, in my account. My check is typically never more than {$1000.00}. Nonetheless, I am given the option to deposit it and I have been refused the right to access even a minimal dollar amount upon depositing or attempting to cash my check. I have written complaints through surveys, written correspondence, and email to the corporate offices and the discrimination and unfair treatment still continues.     I have been discriminated against and treated in a very unprofessional and at times threatening manner. Often, I receive d iffering and conflicting information from the customer care center and branch employees. Branch employees h ave been denying me the right to funds earned and consistently deposited and cashed at the banks for over one and half years has caused many humiliating negative experiences in front of other customers and bank employees. There have been multiple incidences of intimidation and harassment that I have endured as a result of opting to bank with Bank of America, inside their  XXXX  branches.     The most recent experience happened today,  XXXX   XXXX ,  XXXX . I called the customer care center on  XXXX   XXXX   XXXX  at abou t    XXXX   XXXX   to request a stop payment from a company that was drafting my account. The B of A customer care representative explained that I would have to pay  two  {$30.00} fees ( that were drafted from my account shortly after the call ) to ensure the stop payment happened, and I agreed. However, the draft still took place on the  XXXX  of  XXXX ,  ( 5 ) da ys after the call, and it caused the account to overdraft as I had other purchases and drafts taking place. The representative also encouraged me to take out any needed funds prior to the  XXXX  to ensure that they would not be usurped through or by NSF fees and the draft that could still go through, in spite of, the Stop payment request and the fees associated and paid.     At that time, I explained to the rep that I would be getting paid on the  XXXX  and that I would need access to the paycheck funds and that I would need to cash the check at the time of the call my account had at least {$700.00}. My concern was, would the NSF and  Stop  payment transaction cause my account to be in the negative? Would that occurrence, in turn, cause more harassment and humiliation for me when I made an effort to cash the check on the  XXXX . He assured me multiple times that I would have no problem, as the branch would consider the stop payment request and fees paid and honor the paycheck that I cash with Bank of Americ a ( every two we eks for the past year and a half ). He also assured me that any NSF fees charged to my account, as a result of the draft going through, ( in spite of the Stop payment request and fees ) would be credited back to my account without a problem.     Because of previous humiliating experiences, I did not attempt to enter the branch or do anything with the check on pay day. I held the check and waited to enter the branch on  XXXX / XXXX / XXXX , simply out of fear of any further embarrassment or incident, as a result of the, branch employees turning me away and refusing to cash or provide access to my paycheck funds. Upon entering the  XXXX   XXXX  branch on  XXXX   XXXX . in  XXXX , NC, there were  only 3 ba nk employees visible to customers. No one was present to greet customers and direct them to the right area or explain the process to meet with a bank  officer. One  male was in the office staring at his computer, even though someone was waiting to be seen and sitting in the red chairs. I initially attempted to get in the teller line, then changed my mind and went over toward the red chairs, with hopes to ask my questions in a more confidential setting.  XXXX   XXXX  was at the teller desk. He was extremely rude and unprofessional, he did not greet me or explain the process required to meet with a branch member in the offices. He just raised his voice and in an irritated tone, in front of all customers and employees, then verbally summoned me to his window, as I tried to make my way to the chairs and wait for someone in the office to help me with my questions. He yelled, " I can not hear you behind this glass. '' He was so visibly frustrated and annoyed that a customer, at the other teller window, talking to the other female teller, jumped in the conversation and began trying to explain to me that  XXXX  was saying that he wanted to have me sign in at the teller window, before sitting down, to meet a bank officer. Without explaining the process,  XXXX   XXXX  required that I give him my debit card and then asked what was the reason I needed to speak to an office employee. I told him I had questions about my account and I can only assume he put my information in the system as he began typing. He put my card back under the teller window and gave no other comment or directive. He did not say someone will be happy to help you in a moment or please have a seat or anything to expalin the process. He did say the gentleman in the red chairs is already waiting.     After a few minutes,  XXXX   XXXX  came out of the office and straight to me, not to the man who had been waiting. I told him that  XXXX   XXXX  had mentioned the other guy was before me. It was obvious that their system and communication was inconsistent, because he did not have the man 's information or even know that the man waiting was there before me. When I met with  XXXX   XXXX  who was very polite, but seemed to more concerned about whether or not I still worked for a certain company that he had obviously seen noted on my account info. He was also more curious about who I work now, than he was about really listening and providing resolve for my concerns. I explained the entire situation and the promises from the customer care center. I also expressed the need to be able to access funds from my paycheck, even though the account was now, in the negative status. I also wanted information on why, as of  XXXX   XXXX , and after the stop payment fees had been deducted, the draft still happened from the company I had requested stop payment for. He said that he would try and find out answers after explaining that he was more in the role of a Merrill Lynch adviser. He left to go talk to  XXXX   XXXX  and he literally came back to me and said, that he was told that I "  may or may  not '' be able to cash the check or have access to any of the funds. He said that he " was told we would not know, until you go in the teller line to submit the check. '' When I did,  XXXX   XXXX  immediately said that the system would not allow me to cash the check due to the negative balance, but that I could deposit it to clear the negative balance. So, I asked if the stop payment and fees were explained to him, he said, " No. '' I then asked if he could see them, as the customer care center rep had advised, but  XXXX   XXXX  said that from his teller screen he could not see any of those things. I also asked him that if I deposited the check, would I be able to at least have access to minimal funds today? He said typically minimal access would be {$200.00} but because my account was negative {$200.00} plus dollars, that I could not have access to anything. He said that I would have to deposit the check and wait for the bank to release the funds in a couple of days. He was very dismissive and the conversation was again humiliating, as it was in front of other customers and employees.     I left and went to my car to call  XXXX   XXXX , the Regional Manager, who had provided his number and asked me to call him if I was ever denied access to funds from the same payroll check again or if I ever felt I was treated unfairly in any of his branches. I had a previous conversation with him after being treated in a threatening and humiliating manner in the branch at  XXXX   XXXX   XXXX  by a branch employees who happened to be in the branch  manager  's stead on that day. He was very aggressive, intimidating and rude to me in the parking lot and subsequently, in the actual branch. In that situation  XXXX   XXXX  apologized and tried to provide resolve even though he admitted that this particular employees had been the subject of similar complaints from other customers.      XXXX   XXXX  was clearly annoyed by the call today, however and obviously, too busy to hear my concerns and experience. He said that he would call the branch to find out what was going on. He called me back and stated that my only option was to deposit my check, as the account was in negative status. He talked over me as I tried to explain the details of the situation and told me to go back into the bank and he would have someone explain to me why I would not be able to have access to any funds, much less cash my check while it was in a negative status, even if there was a stop payment request and the fees had already been deducted from my account.     When I walked in the branch, I was again, greeted by no one, I walked to the chairs and saw  XXXX   XXXX  talking to a female employee. Eventually,  XXXX   XXXX  approached me by saying, " Come on into the back ''. She never introduced herself or asked for my name or even said hello. Her badge was not visible the entire time. She never said I am happy to help you or try and explain things to you, She was extremely rude and demeaning. While in the back office with her, she talked down to me, rolled her eyes often and treated me like I was incompetent. It was clear that she could care less about my situation and she made sure her lack of concern was evident in her tone and facial expressions. At times when she talked, I interjected to provide clarity and she basically said, Are you going to let me speak? She made it clear that this was not going to be a conversation and that if i was expecting a change in what had already been conveyed, it would not happen at that branch and especially not with her. I tried to explained that I was confused and had multiple questions about conflicting information provided and eventually,  XXXX   XXXX  literally stopped talking and responding to my questions. She refused to speak or respond after she told me I had made a transaction  aft    XXXX   XXXX   on Monday morning. I explained that I had not made any transaction at that time and I frantically started looking up the email confirmation on my phone. My phone made noise when I accidentally touched the volume button and she in a very demeaning tone said, " Am I to assume that I am now being recorded? You do not have my consent to record this conversation. '' She  was ( extremely ),  confrontational and I was very uncomfortable being back in that area alone with her. She felt comfortable not providing resolve for me, being dismissive and out right unprofessional and rude throughout the entire interaction. I explained that I would not record anyone without letting them know and that I was simply on the phone to look up the actual times for the transactions. She was not helpful and did not provide good customer service. I was more confused and humiliated after meeting with her. I had no way of knowing what she was referring to regarding transactions  at    XXXX   XXXX  . I knew I had not made them, so I was also afraid there  may have been fraud. She provided no resolve. She did say, " the last thing I will do, is print off the transactions and you can go review them. '' When I left her office, she did not say  anything, not even goodbye.     When I left the branch, I drove home and I called customer care. I spoke to a lady named,  XXXX , and thankfully, she stayed on the phone with me until I drove to another bank ATM. She then asked me to proceed to deposit the check, and released access to {$190.00}. She explained the draft that happened in spite of the stop payment request would be removed and that the remaining {$700.0 0} ( or so ) would  be available to me in the morning. She was very empathetic and she actually made an effort to provide some resolve after the discrimination and humiliation I experienced in the  XXXX   XXXX  branch. She apologized for the entire experience and thanked me for being a valued customer since  XXXX . While I was grateful for her, why should I have endured or encountered the discrimination and unfair treatment tha t I contin ue to receive from branch employees?     I was still charged a {$35.00} NSF fee and even though the funds were deposited in my account by me in cash totaling at least {$260.00}, on the  XXXX , I am being told that because I made a transfer between Band  of America acc ounts for {$22.00}, I would have to pay the NSF fees, even in spite of, the stop payment and promises from the initial customer care rep on  XXXX   XXXX . They literally charged me an NSF after allowing me to transfer the {$22.00} that was available in my account, to ANOTHER Bank of America account. If I did not have sufficient funds, then why did the system even allow the transfer???     What if I had a bill due today? Have I not worked and earned a right to the funds paid me by my employer? If the banking center could allow access to less than {$200.00} of the paycheck funds, and allow access to minimal dollars, why did the branch refuse to? Why are there so many inconsistencies? And is so much frustration and mistreatment of customer allowed? Why is Bank of America not held accountable for the discrimination and POOR customer service? However trivial the account balance or the customer, in the employees eyes, or the customer concerns, the institution 's employees should be held accountable for discrimination of any kind and required to treat all customers equally and deliver outstanding customer service to all account holders.

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