Consumer complaint received 2019-12-12
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem making or receiving payments

Complaint:
I am a 40 year BofA customer, among other things. Im writing to express my disappointment in the process I was required to undertake to request a refund of {$140.00} in overdraft item fees associated with my checking account ( XXXXX-XXXXX ). I appreciated that the initial customer service team member ( XXXX XXXX ) immediately reimbursing {$35.00}. I was dismayed at the protocols and policy limitations asserted by both the supervisor and manager ( XXXX # ID Code XXXX he indicated he was not allowed to give his last name ) that they could do nothing to refund the remaining {$100.00}. 

My discussion with XXXX started with re-iterating the conversations I had with the front line staff and supervisor as well as stating that I had looked at my balances on the Mobile App the day before ( XX/XX/XXXX ) and it showed that I had a {$1000.00} plus balance after receipt of the {$1200.00} Federal Travel deposit. After doing research he corrected me to say that I had accessed the system at XXXX XXXX  of XX/XX/XXXX and therefrom stated that policy did not allow him to refund the {$100.00}. Earlier during the 1 hour and 25 minute call the Supervisor stated that on XXXX XXXX of XXXX BofA had refunded {$140.00} worth of charges and by policy were not allowed to provide a similar refund during the 12 month window. I point to a similar fact pattern of overdraft fee with Federal Travel reimbursement of {$1400.00} on XX/XX/2019. 

I understand that the bank staff is operating within Bank Policy and they have their limits of authority. My complaint is twofold : 1 ) Regardless of when I viewed the mobile App XX/XX/XXXX or XX/XX/XXXX it clearly displayed to me that I was in a positive balance of {$1000.00} plus with no indication of the 4 - {$35.00} Overdraft fees. Im using bank tools to access checking account and make determinations on how to manage my account. The Mobile App gave me comfort in the early morning of XX/XX/XXXX that I did not have to be concerned with a potential overdraft because when I viewed my account it showed the positive balance and the transfer of the Federal Travel funds. Otherwise I would have gone to the bank to make an immediate cash deposit and plead my case further. Later in the morning of XX/XX/XXXX I found out then when the bank finishes processing the transactions they backdate the overdraft charges to XX/XX/XXXX. 
As shown in the example above, my account routinely receives travel reimbursement funds into my checking account. I find the Mobile App misleading and as such the bank is profiting by inappropriately charging me overdraft fees. The lack of proper controls over the banking systems mobile App and online accounts suggests to me that Im not the only one having this same experience.

2 ) The inability to lodge my complaint to anyone other than in the line of business that I have a complaint about is disconcerting. The initial representative, the supervisor and finally the manager all stated that they were not aware of anyone else that I could talk to that would be independent from the banking call center. Nor were they trained to direct my complaint to any Ombudsman, Office of President or regulatory body. Further, my complaint was not met with a return call by anyone else at BofA. My only recourse is to take time in addition to the 1 hour and 20 minutes I spent on the phone with staff, to write a letter to the Office of the President of BofA and cc regulators to lodge my complaint and challenge your policies. 
The bank policy should take into consideration the long term nature of my account and the Federal travel funds being electronically deposited contemporaneous with the levying of the overdraft charges. Moreover, the bank should correct its mobile and online applications to not convey to me that I had a positive balance and then later backdate the charges and assert that the system was processing, and I did not actually have a {$1000.00} balance in the account at the time of the overdraft charges.

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