Consumer complaint received 2019-08-31
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: WA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
On XX/XX/XXXX, I deposited the paper check issued to me by my employer XXXX via XXXX XXXX. I had originally maintained a bank account in good standing for years with Bank of America ( herein referred to as BoA ) prior to BoA shutting down my account due to suspicious activity perpetrated by phishing scammers in XXXX. I had already requested direct deposit with my employer but was simply waiting for that to happen. On XX/XX/XXXX, I deposited my check for about {$4500.00} after working several weeks of 12 hour days starting at XXXX XXXX in order to be able to purchase a used vehicle for my family, as we had been without a vehicle for months that would carry our family of XXXX, including XXXX children. I withdrew the {$2500.00} for the purchase of the used vehicle from a local private owner/seller. On XX/XX/XXXX, my card was declined and when I called, I spoke to customer service reps who alleged that they were working at a Bank of America call center in Alabama. Their names were XXXX, XXXX, and XXXX. They spoke with us from XXXX XXXX   to about between XXXX and XXXX XXXX and we were told that despite BoA being able to waive this and release some or all of our funds, that they would not. When we asked for more clarification, we were told that the reason they made this choice was that the XXXX XXXX and XXXX XXXX via XXXX XXXX both issue checks that bounce and that they regularly need to be sent back because they bounce. This stunning admission was made on a recorded and videotaped phone which the employees knew and simply didn't care. It is a devastating, potentially defamatory allegation that a bank and major company do not have funds to cover their payroll. Furthermore, when we told Bank of America that we were unable to pay rent and provide for our kids, they told us that they didn't care and that we would have to wait until XX/XX/XXXX, maybe longer. We need those funds returned as soon as possible to avoid destitution and starvation. We need that paycheck. Furthermore, workers should not be having their bank accounts raided for potentially dubious and defamatory reasons. Not only do these allegations need to be investigated, but the money also needs to be returned. 

I experienced this issue in XXXX with XXXX and now several years later another bank, due to allegations of wire fraud made by BoA managers in Alabama like the XXXX gentleman we spoke to, is doing this again. We are a veteran family. We have young children. How are we to take care of ourselves if these banks are taking our money due to intrigue and dishonesty? Also, this is in clear violation of the Expedited Funds Availability Act. They were never able to justify why this particular deposit was singled except for to allege that two companies are defrauding workers at the XXXX XXXX. 

We do not have pictures, but we do have audio/video of the conversation including the allegations as they were recorded totaling over 44 minutes.

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 non-monetary relief