Consumer complaint received 2018-09-24
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MS
Product: Money transfer, virtual currency, or money service
Sub-product: Domestic (US) money transfer
Issue: Wrong amount charged or received

Complaint:
THE BANK AT HAND IS 'BANK OF AMERICA '. On Saturday, XX/XX/2018 I purchased a vehicle from a private party seller located in XXXX, XXXX to which I traveled from XXXX, XXXX to conduct the transaction. Upon arrival I stated to the seller i was short on the amount of cash to purchase said vehicle and that i would have to write the remainder amount out via check. The seller complied and was given a check for the sum of {$1800.00}. on Monday, XX/XX/2018 the seller of this vehicle attempted to cash said check via " mobile deposit '', which to my understanding is when a person who has an account with BANK OF AMERICA is able to take a mobile snap shot ( picture ) of a check and have the funds deposited directly into their account. After the seller attempted to cash said check via mobile snap shot deposit the bank informed him the check was not properly filled out and they would not be able to proceed with the transaction. Once the seller was informed of this he went to my personal bank, XXXX, to conduct business face to face. XXXX cashed said check for the sum of {$1800.00} cash and drafted the amount out of my account as they should have. Now the current issue is that even though BANK OF AMERICA informed the seller of the vehicle they could not cash the check, they still drafted the sum of {$1800.00} out of my personal checking account leaving me with a bank draft total of {$3600.00} drafted from my account. In sum both banks cashed the same check for the same amount of money totaling {$3600.00}. With that being said and done i have now incurred with my personal bank ( XXXX  ) over draft fees, bounced check fees, i have had to withdraw money out of my personal savings account to cover the sum of the amount that was not supposed to be drafted and lose the amount i would have gotten from interest from said money being in a savings account, i have been publicly humiliated for insufficient funds while trying to purchase lunch, i have had to multiple times be denied the ability to go to weddings and social functions, college football games, needed auto repairs, utility bills, etc. I have contacted my bank ( XXXX  ) and they are currently doing all that they can to help with this matter, we have filled out affidavits, and contacted the security department to help resolve this issue. Initially when i personally contacted Bank of America over the matter they said this type of issue/ error occurs frequently and assured me my funds would be reversed and deposited back into the original account within 3-7 days. Today in XX/XX/2018 meaning it has now been 14 days since this issue arose and still my funds have not been properly returned as they should be. A couple personal questions i seek answers to are 1. should i seek an attorney that specializes in consumer advocacy and seek restitution for all turmoil and dismay i have now endured? 2. is there something more my bank or i am supposed to be doing to speed this process up? 3. is this going to happen to any ''jane doe '' that cashes a check via mobile deposit and then walks into a bank and cashes same said check for cash? 4. do i deserve restitution for the problems that now i have had to endure? ( social turmoil, insufficient funds, bounced check fees, over draft fees, not being able to afford utility and home bills, unable to afford automobile maintenance such as oil change, tire rotation and even acquiring a tag for the vehicle purchased with the check that was cashed twice? ) Please if its the last thing your company seeks to do, get back with me in a timely response to resolve this issue. I have a XXXX year old that resides in my home that should never go with out food, electricity, and proper transportation over an issue a bank made because their new " mobile deposit '' feature is not monitored or regulated by an individual person. Thank you for receiving my complaint. Regards, a very concerned and now broke individual seeking correctness over the issue at hand.

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 explanation