Consumer complaint received 2019-04-24
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Fee problem

Complaint:
This is my second continued attempt to file a complaint against Bank of America for Bank of America for repeated violation of the H.R.5198 -  Overdraft Protection Act of 2016, through unfair practices related to the marketing and provision of overdraft coverage on my account. Specifically, Provision ( a ) PROHIBITIONS, clearly states - No depository institution may engage in acts or practices in connection with the marketing of or the provision of overdraft coverage that are unfair, deceptive, or designed to evade the provisions of 12 this section. 

Since XX/XX/XXXX I have made repeated attempts to contact BOA when transfer fees were being taken out of my account ( documented below ) because I had previously had free overdraft protection which waived the {$12.00} fee. This free protection was unknowingly removed from my account because my account changed the previous year and I was not notified that the account would begin charging. When I reached out to BOA to solve the fees, I REPEATEDLY asked them to provide me with an account that would decline my purchases when there was insufficient funds rather than charge me an overdraft fee. 

MY COMPLAINT EXPLICITLY STATES THAT THE VIOLATION IS THAT I REPEATEDLY ASK FOR A NEW ACCOUNT AND WAS TOLD no such option was available to me and that I had to continue with the account that I had and collect fees. However, on XX/XX/XXXX I was told that there was an option to change my account so that no charges incurred. 

Provision ( b ) also clearly states - that MARKETING DISCLOSURES.Each depository 14 institution that provides or offers to provide overdraft coverage with respect to transaction accounts held at that depository institution shall clearly and conspicuously disclose in all marketing materials for such overdraft coverage This is in clear violation of the act - withholding information that would have allowed me to have an account more accessible to my needs and avoid all further fees. 

I have documented records of calls to Bank of America attached below on : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX - 3 times On XX/XX/XXXX, I received notice from XXXX XXXX / Resolution Specialist Bank of America Regulatory Complaints Office : XXXX ext XXXX - that my complaint was denied because bank of america had sent me written notifications. HOWEVER my complaint against BOA was that specifically stated that I made repeated phone calls asking for a new account and they would not give it to me and that they were in violation then. When I asked Mr. XXXX if he had found in his investigation that I had in fact called repeatedly and asked for a new account he refused to answer and terminated the call. This is gross misconduct. 

I will subpeona the records of the phone calls, proving that I had asked repeatedly for a new account that would help me to remedy the fee situation and was not offered the appropriate account. 

I am asking only for I am asking for a refund of the {$790.00} in fees since XX/XX/XXXX.

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