Consumer complaint received 2019-07-14
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
On XX/XX/2019 I attempted to deposit a check in the amount of XXXX XXXX dollars ( {$1000.00} ) into the ATM at the Bank of America XXXX branch ; the ATM malfunctioned, failing to record my deposit or return both the check or the debit card I had inserted to effectuate the action. The maker of the check was also a Bank of America customer. 

I immediately entered the bank and notified a teller of the malfunction. The teller notified both the operations manager, XXXX XXXX, and the branch manager, XXXX XXXX, of the incident. I asked that someone retrieve my debit card and check and make the deposit. 

Ms. XXXX went to the bank 's inside access to the ATM, retrieved my debit card, and returned same to me but stated that the check would have dropped into a secured compartment in the ATM and that the bank would have no access to it ; it would be picked up by the courier service and deposited into my account. 

I was then directed to an account representative named " XXXX '' and instructed me to wait for him in a waiting area ; I had to wait for approximately 45 minutes. 

XXXX took the information from me and called into a Bank of America back office. In the interim, XXXX stated that the bank would need to institute a claim procedure and that an provisional credit for {$1000.00} would be made immediately to my account, to be changed to a regular deposit once the check had been recovered from the ATM. 

When I returned home from the bank I relayed the events to my wife, a former Bank of America official, and she expressed dismay as to why the issue was handled in the method of a claim, stating that it appeared to be a waste time which did not address the actual issue. It seemed to her to be a retaliatory response designed to purposely inconvenience the customer instead of an actual attempt to remedy the situation. 

Subsequent online inquiry attempts respecting status were unsuccessful ; the only information given was that a claim had been filed and that it could take up to 60 days to resolve the matter. This was unacceptable for a number of reasons, one of which is that it also impacted the maker of the check. 

After two weeks, the maker of the check, wishing to clear his account, contacted his Bank of America and was told that considering the circumstances he could stop payment on his check at no charge but had to demand the stop payment, write a new check, and the second check would replace the first one. Based on this information he followed the instructions of the representative, stopped payment on the original check and issued a replacement check to the payee ( myself ). 

On XX/XX/2019, I presented the bank with the replacement check from the maker and explained the situation to an account representative named " XXXX ''. XXXX made inquiries and I was taken to the teller who asked the branch manager, XXXX XXXX, for guidance. I was then told that the action as described could not be accomplished for two reasons : First, according to Ms. XXXX, immediate credit could not be given because I had filed a claim. I advised MsXXXX XXXX that her statement was false ; the claim was filed at their insistence. 

Second, according to Ms. XXXX, they were unable to verify the check despite it being drawn on a Bank of America account. In addition, my wife and I both are classified by Bank of America as " Preferred Clients '', the relevance in this instance being that the classification indicates that we had more than enough money in our accounts to cover any possible discrepancy in the event that Ms. XXXX stated concern had any validity. 

During the ensuing conversation, Ms. XXXX stated that had the claim not be filed she could have returned the original check to me at the time she returned my debit card to me at the time of the original incident on XX/XX/2019. To clarify fully, Ms. XXXX specifically stated that the original check was located which raises the question as to why Ms. XXXX did not advise me this at the time of the incident. I asked why she had not done so when she returned my card to me as I had originally requested but Ms. XXXX was unable to provide a reasonable explanation as to why she had not returned my check to me as originally requested and merely repeated that she could not do so because a claim had had filed. No follow up was made by the branch that the check was officially located to the customer and the ATM Claims Department and no explanation has been given as to why my account was never credited to with the deposit. 

To reiterate, and contrary to the willful misrepresentation of fact by Bank of America Officials, the claim had been filed by the branch itself and not by me. Further, the check maker and myself were the ones that resolved the situation, not Bank of America. 

Bank of America is well known for Contempt of Customer, lack of customer service, and refusal to address irregularities. In an effort to keep discrepancies from being documented they have removed their online chat and email features, insisting that customers spend excessive time calling them, running through their online FAQs, or making an appointment to come into the bank. 

This is not the first time this specific branch, under the exact same branch leadership, has made the exact same act of willful negligence. Please refer to CFPB Complaint XXXX which was never resolved due to the refusal of Bank of America to act in good faith. In that case the amount was only {$6.00}, but the Bank of America refused to file a claim and then stated they could take no action because a claim had not been filed. As stated, this issue was never resolved and I never received credit for the {$6.00} deposit. 

These matters are even more egregious in that they appear to be acts of retaliation. As stated above, my wife was employed by Bank of America at this branch and was terminated for reporting irregularities ( including illegal acts ). She has filed regulatory actions against the bank and has prevailed in the first action that was heard ( XXXX ) in which Ms. XXXX appeared on behalf of the Bank of America but was unable to substantiate the reasons stated for my wife 's termination. Further, my wife is pursuing additional actions with regulatory agencies.

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