Consumer complaint received 2015-12-31
Company: BMO HARRIS BANK NATIONAL ASSOCIATION
State: MN
Product: Bank account or service
Sub-product: Checking account
Issue: Account opening, closing, or management

Complaint:
I went to BMO Harris to open an account on XXXX/XXXX/2015. When I inquired about overdrafts, the personal banker XXXX XXXX was confusing the opt-in and opt-out terminology. He stated that opt-out meant my overdrafts would be paid. He said everyone was opted out automatically and they could change to opt-in and not pay overdrafts. I said, " Really at XXXX they said opt-in meant paying overdrafts. '' I finally forced him to find me a copy of the account terms and conditions he was making me acknowledge receiving. He had no idea what I was requesting and tried to tell me the signature card page I signed was the Deposit Account Agreement and then tried to say the pricing schedule was it. I was persistent that there were additional account terms he had n't provided and they likely called it a handbook. He ran to a different area of the branch to look for one. Why are n't the account opening disclosures available at the desk where they make you open an account? Why does n't the personal banker know what the account agreement is? Finally, when he came back with the booklet ( Deposit Account Agreement ), I quickly flipped to the overdraft section and showed him the page on overdrafts. I read him the line that said opt-in meant paying my overdrafts and I wanted to be opted in. He said, " Oh, I was confusing the terms, but I can easily check a box to change that. '' I said, " I do n't have to do anything else? '' and he said, " no. '' I did not receive a separate notice describing the overdraft practice or a confirmation of opt-in. 

I called the XXXX number to inquire about my opt-in status on XXXX/XXXX/15 since I did n't receive an overdraft confirmation or notice. She confirmed I was opted in. She said most people opt-in online. She could n't explain why I did n't get the disclosures but put me on hold to talk to XXXX at the branch. When the person came back she said XXXX would mail the overdraft disclosures to me. XXXX mailed me the handbook and privacy policy but no overdraft disclosure or confirmation. 

I went to close my account on XXXX/XXXX/15 the Service Manager XXXX XXXX told me that I would be charged a fee if I closed my account, but I could talk to a banker to see about waiving the fee. I explained I was closing my account because they were n't complying with the regulations. The supervisor did n't care to ask what the violation was and he refused to let me withdraw the {$100.00} that was in my account. I was forced to go talk to the same banker who does n't understand overdrafts to get the account closing fee waived and then go back to the teller line to wait for a cashier 's check. I deposited cash and asked for cash to be returned to me, why was I forced to get a cashier 's check. It is hugely surprising that a supervisor is unable to waive a fee or did n't care about the details of a regulatory violation. 

I think this is a problem that has impacted several other customers. The personal banker does n't give out the deposit account agreement unless a person is forceful like I was. He tried to tell me the XXXX page " Individual Signature Card '' was the agreement. Even after I read the sentence about acknowledging receipt of the Handbook, he was unsure for what I was looking. Neither the personal banker nor the call center agent and XXXX understand what the required process is to comply with the Regulation E overdraft regulations. Then, when I point out their noncompliance and my desire to close my account, they want to charge me a fee. Please protect others ' consumer rights by looking into these overdraft practices.

Company public response: Company chooses not to provide a public response
Company response to consumer: Closed with explanation