Consumer complaint received 2022-04-14
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: IL
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem caused by your funds being low
Sub-issue: Non-sufficient funds and associated fees

Complaint:
BANK OF AMERICA HAS VIOLATED REGULATION E 12 CFR 1005.17 ( f ) AND 12 CFR 1005.17 ( b ) ( 2 ). Bank of America is predatory with their overdraft service ( NSF fees ) and use unfair and deceptive practices to charge consumer overdraft fees ( NSF fees ) even after a consumer has revoked their overdraft services. As many people know consumers receive no service for being charged a NSF Fee. Bank of America does not consider their consumers time and this bank also creates their own rules and regulations that is not congruent with the Regulations that govern them. I have been a Bank of America customer since XXXX. In XXXX I advised Bank of America I no longer wanted to be included in their overdraft services. Bank of America has violated my request to cancel their overdraft services. I have been struggling with their overdraft predatory system for the past two years. I called Bank of America on XX/XX/XXXX in regards to four XXXX NSF fees equaling {$140.00} that stemmed from only {$33.00} worth of transactions on my account. I spoke with representative XXXX and she advised she only had the ability to waive only three of those transactions, I then asked to speak with a supervisor to get the fourth one waived. I spoke with Supervisor XXXX she advised me she could not waive the fourth overdraft fee. I called back to speak with another supervisor. 

When I called back I spoke with Supervisor XXXX. Supervisor XXXX advised me should could not waive the last {$35.00} dollar fee because it was an NSF fee and not an overdraft fee? I advised her the other fees that were waived were NSF fees. She advised me that NSF fees were not included in overdraft services. I advised that NSF fee were covered under Regulation E in overdraft services. She advised NSF fees were not included in Regulation E but in another Regulation that she could not name. I also asked to speak with her supervisor. 

She transferred me and I spoke with XXXX XXXX ( XXXX is the number he gave me when I asked for his representative number ). I asked him what regulation does their NSF fees under. He stated they no longer charge NSF fees on consumer accounts. Manger XXXX also stated that the NSF fees fall under Regulation E, which is the opposite of what Supervisor XXXX stated. He also stated that starting XX/XX/XXXX Bank of America no longer charges NSF fees on the consumers accounts. He advised me I have advantage banking and the account was not subject to overdraft fees and NSF fees. I advised him in XXXX I revoked Bank of Americas Overdraft Services. Bank of America violated 12 CFR 1005.17 ( f ) when I opted out of their overdraft services and they continued to charge me overdraft service Fees instead of implementing my revocation. The date of the NSF fees that were waived were XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX but not XX/XX/XXXX. XXXX XXXX said that he couldnt waive the NSF fee on XX/XX/XXXX because of the operating system that they have. He advised me this operating system was not electronical and it wasnt a system that is taught to the representatives to implement on the consumers account ; I am still unsure what kind of deceptive operating system he was referring too. I advised Manager XXXX I wanted to take my complaint higher because he couldnt help me. He advised me he would not take my complaint higher he would only notate my account because the NSF fees were declined accurately ; even though he could not give me the basis on why the NSF were declined. I asked to speak with his manager he advised me he would transfer me to a manager. I made it clear I wanted to speak with his manager who was above him he advised me he would be connecting me to his manager.

When Manager XXXX returned to the call he advised me Manager XXXX already spoke to me earlier and she couldn't speak to me again that he would put in a call back for another manager to call me. I asked Manager XXXX what was his correct job title he said Client Advocate Manager. I asked Manager XXXX was XXXX a Client Advocate Manager just like him, he said she was. I distinctively told XXXX I wanted to speak with His manager that was above him. He then retracted his statement and said XXXX was a Senior Client Advocate Manager. I asked what is the title above Senior Client Advocate Manger since XXXX does not want to speak with me, he advised he did not know. He advised me he could transfer me to XXXX and she can give me her Managers Title. Client Advocate Manager XXXX advised me XXXX said I cant speak with her twice and she refused to speak with me again.

Five major components on todays call that need to be addressed.

1. Bank of America has unlawfully been charging me NSF fees even when I revoked overdraft services, I opted out of NSF fees in XXXX. 
2. Bank of America did not implement my RIGHT to revocation of their overdraft service. They continued to unlawfully charge me NSF fees which are included in the definition of overdraft service under 12 CFR 1005.17 ( a ). Bank of Americas own Client Advocate Manager XXXX confirmed NSF fees were covered under Regulation E. If NSF fees are not covered under Regulation E, I would like for Bank of America to confirm to me what Regulation are NSF Fees covered under?

3. I never spoke with an adequate employee of Bank of America who could explain to me why the fourth NSF fee was " declined ''.

4. If Bank of America no longer charges NSF fees since XX/XX/XXXX, why are they still violating my rights by continuing to keep an NSF fee on my account?

5. My Checking Account is open end credit pursuant to 12 CFR 1002.2 ( a ) so why is Bank of America taking adverse action against me by discriminating against me and leaving this illegal NSF fee on my Account?

I want the last {$35.00} fee removed from my Account, the Account that was opened with my access device. I also want my already exercised right to opt out of Bank of Americas overdraft service to be implemented immediately.

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