Consumer complaint received 2019-07-25
Company: BBVA FINANCIAL CORPORATION
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Fee problem

Complaint:
XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX, Ca. XXXX BBVA Compass Bank XXXX XXXX XXXX XXXX, Alabama XXXX RE ; Dispute debit for XXXX XXXX checks never received XX/XX/XXXX for {$23.00} RE : Dispute of {$3.00} Paper Statement Fee XXXX RE : Filing of complaint against BBVA to Federal Consumer Protection Bureau This is to document and its our intention to file small claims action ( without Court trial ) which will circumvent arbitrarily mandatory disput resolution section of deposit account agreement ( waiver of jury trial ) Thus will satisfy the thirty ( 30 ) day requirement to notify entity of intention of California civil tort process and opportunity of entity to satisfy disput ( s ) prior to commencing of court action. 
We hereby document that we NEVER received checks ordered directly thru BBVA on or about XXXX ( ATTACHMENT # A ), to wit, the exclusive entity used by BBVA, XXXX XXXX checks, thus BBVA is the exclusive entity who is the catalyst and conveys and is the official gatekeeper and facilities such ordering and thus is the primary contact and facilitator of such checks. Thus BBVA is the primary entity to sue in the California Court Systems for failure to receive the benefit of the bargain in any tort action ( s ), thus we have and offer, acceptance, consideration and damages, to wit, consumer never received the benefit of the bargain, said 100 checks ordered XXXX that BBVA say was submitted and delivered when in fact, consumer never received checks, thus leaving consumer to go elsewhere to order checks, and consumer has damages, plus court fees, and fees relating to contacting bank and correspond accordingly to document same.

Thus, we are notifying officially in writing to BBVA to return funds accordingly to satisfy damages to consumer above.

In addition, we have notified Consumer Financial Protection Bureau ( CFPB ) and filed an official complaint against BBVA, whereas they have their own investigation that has commenced to receive official documentation and response by BBVA. 
In addition, a separate complaint was lodged by consumer above against BBVA for a {$3.00} Paper Statement fee consumer did not want that was issued on XXXX, that was not clearly disclosed upon origination of checking account. 
When consumer notified via email to BBVA, we acknowledge accordingly that BBVA did eventually reverse on XXXX, that the Paper Statement Fee of {$3.00} was reversed, and it was stated in a voice mail message on XXXX and email that consumer above can change provisions on line to change or opt out of paper statement fee. 
However, this is an inaccurate statement as consumer above, tried on XXXX to change and opt out of both the Checking account and Money Market account online to Opt Out of the Paper Statement Fee, however, consumer above was prevented to complete such change as advised to call BBVA for processing. Since it was after normal business hours and 3 hours ahead on the East Coast, consumer decided to file a formal complaint on this as well, as it appears adamant that BBVAs intentions is to prevent consumer above to opt out, and thus cause additional ongoing harm to consumer by arbitrarily continue to change a {$3.00} monthly paper statement fee, in an attempt to gain profit and pad their bottom line.

This action harms the consumer therefore it is actionable by both the Federal CFPB and via California rules of civil redress, via California Dept of Consumer Affairs and California Business and Professions Code, and California Code of Regulations, as BBVA is authorized to conduct business herein California, thus in addition to Federal Rules, BBVA, a Federally regulated Banking entity, entrusted to commence Banking, across State Lines is also regulated under California rules and regulations.

As such, Consumer above, has rights to file a complaint ( s ) accordingly to both regulatory agencies and purse a civil action herein in California as stated above, any additional harm in charging additional {$3.00} Paper Statement fee is actionable because BBVA is preventing consumer to Opt Out we hereby also charge consumer will be harmed accordingly if this situation will not be rectified forthwith by BBVA.

As such, we will suspend, any civil action for redress accordingly ; however, we are pursing both California and Federal complaint processes against BBVA accordingly.

We trust that BBVA will address these complaint ( s ) accordingly in writing forthwith. 


XXXX XXXX Cc : CFPA Cc : California Dept. of Consumer Affairs Cc : Law offices of XXXX XXXX Cc : XXXX XXXX XXXX, California Superior Court Cc : Case File

Company response to consumer: Closed with explanation