Consumer complaint received 2018-10-22
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NC
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem caused by your funds being low
Sub-issue: Overdrafts and overdraft fees

Complaint:
I opened my Bank of America checking account on XX/XX/XXXX. At the time while in the XXXX XXXX XXXX, Florida branch, I asked the representative to set-up the account so that no transactions will go through unless there is sufficient fund in the account. I told the rep that I have been a victim of ID theft twice, and that is why I want this option in my account. He said he set up the account as I asked. I also sent a letter to Bank of America, XXXX XXXX XXXX XXXX XXXX, NC : XXXX stating that I do not authorize any transactions, re-occurring or otherwise to be paid from my account unless I have provided the funds to cover such transaction. The letter was mailed to Bank of America on XX/XX/XXXX, and it was not returned. For a long time, my instructions were followed and for instance my automatic payment to XXXX was not paid - XXXX sent me an invoice and I paid it from another account several times over the past two years. No recently, over the past months Bank of America has paid numerous charges that were not supposed to go through, without my authorization, causing me over {$200.00} in overdraft fees, arbitrarily deciding which charges go through and which do not. Furthermore, BOA is not even notifying me in a timely manner of such fees. The e-mail notifications arrive often days after the transaction. Regardless of my numerous phone calls to BOA asking for them to refund such overdraft fees, BOA has continuously refused to do so. Even when a transaction has been disputed, they have failed to refund me overdraft fees on numerous occasions. Last time I spoke with a rep over the phone XX/XX/XXXX, the rep said she still doesn't see in my account settings that I have instructed BOA not to pay charges that are not covered by the funds in my account. This lady said she will place the note in the account. This was the 7th time their representative told me the restriction has been placed. I bet if I call them again tomorrow, the restriction will again have " miraculously disappeared '' and BOA continues charging me fees at their will. Placing these restrictions seems to be totally arbitrary to BOA, and they have failed time and again to honor my requests. 

Furthermore, BOA has refused to pay me back a returned item fee of {$35.00} dollars, charged from my account on XX/XX/XXXX. This was caused by an incorrect charge by XXXX XXXX XX/XX/XXXX. I purchased a bath tub from them and they charged me {$230.00}. During the online chat and purchase, the rep gave me a discount and explained that he will put the discounted charge through ( {$190.00} ), and that XXXX XXXX will not complete the original charge of {$230.00}. The next day I gave my mortagor a check for {$8000.00} and the check bounced because both XXXX XXXX charges were still on hold in my account. The first charge was returned into my account that day and BOA gave me the {$8000.00} cash, which I gave to my mortagor that day, but BOA failed to reimburse me that fee. 

I have contacted my bank numerous times about these charges. Every time I do, I am told that they will take care of the change in my account and make sure no charges will go through unless there are sufficient funds in my account at the time - yet next time there is a charge that is not covered, they let it through again. The only charge they seem to be able to stop is my car insurance - several times over the past year they have declined that charge, XXXX has sent me an invoice in the mail, and I have paid it from my other account. I own a small business and I do a lot of purchases online. Stopping unauthorized charges is an important way for me to make sure I don't fall a victim of ID theft again. 

BOA is not acting in good faith and they do not honor my wishes and instructions, but arbitrarily continue milking huge fees from me. This needs to stop immediately, and BOA needs to refund all such overdraft fees they have charged from my account without my authorization and against my instructions.

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