Consumer complaint received 2018-02-13
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NY
Product: Checking or savings account
Sub-product: Checking account
Issue: Closing an account
Sub-issue: Company closed your account

Complaint:
On or about XX/XX/XXXX I used my credit card at XXXX at XXXX XXXX, located at XXXX XXXX XXXX XXXX, XXXX XXXX, NY XXXX, to pay for my lunch and it was the first time I realized that the credit card is not working. Since then, I tried to use the card in few other occasions to make sure it is not working. All those transactions were declined. In the meantime, I started using my debit card to pay for my purchases. I believe the first time that I contacted Bank of America ( BoA ) to find out about the problem with my credit card was on XX/XX/XXXX when after waiting on the line for several minutes I was told that the account was suspended due to suspicious/fraudulent activity. The representative went through some transactions and I was told that the account was fixed and ready to be used. However, right after the call I checked my Mobile Banking Application and I still saw that the credit card was not available. I called again and I was told that the account was ready to be used at the fact that the application was not reflecting that was probably because of the delay in update. 
I tried to use my credit card again the next date or the day after and the transaction was declined again. Again, I started to use my debit card. Few days later on XX/XX/XXXX I called the bank and after waiting for about 20 minutes and talking to different representatives I was told that there was nothing that the representative could do as it was Sunday and there was no specialist present to assist me. I was asked to call back the day after. 
In the morning of XX/XX/XXXX, I received a notification on my cellphone reading that the debit card linked with my XXXX  is not working ( a notification by XXXX, not by BoA ). I called BoA again around XXXX XXXX  to talk with a representative to follow up on my call on the day before. After a long wait and talking to 2-3 different representatives, I was referred to a person from the BoA compliance, called XXXX. He told me that my credit line has been cancelled for compliance reason and he told me that a letter was sent to me asking for my most updated immigration documents. I mentioned I havent received anything but an Alert on my Mobile Banking Application few months earlier and at the time I uploaded my work authorization with the expiration date of XX/XX/XXXX. I pointed out that I have not received any other letter and he mentioned that in the allegedly sent letter we asked for the most recent immigration document. As I saw no progress in the conversation I ended the call. Then I went to a branch located on XXXX XXXX, XXXX XXXX, NY XXXX. I talked with a relationship manager at the Branch called XXXX who tried to help me but he was not able to do anything on his own. He called a number apparently noted on my profile and he was speaking with a person in compliance department. He then sent a copy of my driver license to that person on the phone and she said it was not accepted. I asked to call directly to the person on the line and he passed the phone to me. The person on the line was called XXXX XXXX. She told me that bank needs my latest immigration documents. I mentioned that the one already uploaded by me earlier is valid by XX/XX/XXXX while we are on XX/XX/XXXX. She did not clear that for me and she again referred to an allegedly sent letter. I asked what the reason for restricting my account is. Specifically, I asked if it is because of my immigration documentation or my nationality and she responded my nationality. I had already explained to the relationship manager that I am in the process of changing my status and I will have the documentation of that once XXXX provides me with those. He explained it to her and still she was repeating the same thing about the policy of the bank. 
I also, had with myself XXXX FAQs about the extension of Optional Practical Training ( OPT ) Program for qualified students where it is explained even after the expiration of the XXXX XXXX there is a 60 day preparation for departure yet it was not accepted. 
( See 8 CFR 214.2 ( f ) ( iv ) : ( iv ) Preparation for departure. An XXXX student who has completed a course of study and any authorized practical training following completion of studies will be allowed an additional 60-day period to prepare for departure from the United States or to transfer in accordance with paragraph ( f ) ( 8 ) of this section. An XXXX student authorized by the DSO to withdraw from classes will be allowed a 15-day period for departure from the United States. However, an XXXX student who fails to maintain a full course of study without the approval of the XXXX or otherwise fails to maintain status is not eligible for an additional period for departure. ( Revised effective XX/XX/XXXX ; 67 FR XXXX ) XXXX XXXX XXXX ) I also asked if I am able to receive any payment on my account while it is restricted and the response was negative. This is the case while I am expecting my salary to be paid on this account on Friday, XX/XX/XXXX. 
I was asked if I am still in the school and I explained that I am working and this question is irrelevant. All and all, as I found it useless to discuss more I asked for the direct number of the compliance department and I finished the conversation. 

On XX/XX/XXXX, I received a call from BoA compliance department, XXXX XXXX, who advised me to close my account among other things. I asked to talk to her manager and tried to explain the situation but out of no avail. The manager, XXXX XXXX, kept repeating a piece of the BoA policy and she told us untruthfully that the bank would be fined for $ XXXX for every single transaction processed through my account. ( Which as a person who works in XXXX Compliance department of another bank, I can say this is factually incorrect. ) I was conveyed that I can only withdraw money form ATMS or from tellers ; so I went to the same location as previously mentioned and tried to withdraw from the ATM and it was declined. Then I went to the teller asking to withdraw {$200.00} so I can pay my daily expenses ( e.g. food and transportation ) and she declined. I asked for a letter explaining the reason that they can not give me the money and she said she could not. She called her manger, XXXX XXXX, and he repeated the same thing and called BoA Compliance Department at XXXX XXXX XXXX. A person called XXXX responded and he did not provide any new thing and he said I can close my account. I asked for his last name and he refused to give me that. 

Now I have my credit line canceled and my checking and saving account restricted. It is also worthwhile that I was charged in the period that my credit card was suspended ( or canceled ) for a charge on car rental fees. 

I am an Iranian national and I have my current work authorization expired on XX/XX/XXXX, my XXXX on XX/XX/XXXX. I am in the process of filing a petition for XXXX XXXX which allows me for change of status and staying in the country lawfully. This is in addition of the 60 day so called Grace period which I can stay in the country after my XXXX expiration date. It is notable that I have to pay the legal fees for my immigration services by the end of the week but now due to the restriction of my account I am not able to do so. Besides, I currently have no other account with any other bank and I do not have any access to any banking services. It has been two days now that I have had no access to my funds and it has crippled my life.

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