Consumer complaint received 2021-12-09
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CT
Product: Checking or savings account
Sub-product: Other banking product or service
Issue: Managing an account
Sub-issue: Problem accessing account

Complaint:
In XXXX I submitted paperwork to the Bank of America ( where my brother has several IRAs ) concerning my appointment to act as conservator for my brother- who is on the XXXX spectrum. Since that time I have received all of his statements and communications from the bank. 

As my brother turns XXXX this month I am attempting to initiate annual Required Minimum Distributions with Bank of America for these IRAs. My brother resides in a town that is 30 minutes drive from where I live and as I work a Monday thru Friday job with variable hours coordinating a visit with him to a branch office is difficult at best. 

On XX/XX/XXXX I visited one branch on my own to initiate the process and as was told that they could not access the conservatorship documents for my brother and that I would have to call a toll free number to facilitate setting up the Required Minimum Distribution. On XX/XX/XXXX I tried visiting another branch and was told the exact same story. 

Later on XX/XX/XXXX, I called the toll free phone number for Bank of America today and called my brother at his home to connect on the phone line to facilitate any issues that could arise - making this a three-party call. The representative asked my brother if he had a cell phone to receive a text which he does not. The representative then asked my brother three security questions ( derived from public information ) that he answered correctly and then abruptly said that she had no more security questions available she could ask and that as such could not verify his identity. According to bank policy, she could not ask any identifying information such as date of birth, Social Security number, etc. She left no recourse except to visit a branch with my brother. It is my belief that since my brother is XXXX and has such a simple life that publicly available information on his life is limited. The representative was able to locate the conservatorship document but told me that the seal was not visible to her. When the conservatorship document was originally provided at a bank branch in XXXX the seal was visible and had been approved. 

It is my belief that Bank of America has withheld reasonable access to a client 's account and funds and by limiting over-the-phone access to these accounts to someone with XXXX - based on Bank of America 's inability to derive security questions from publicly available information- is violating the Americans with Disabilities Act. 
Additionally, the two branches visited should have had access to the conservatorship documents ( which were provided in XXXX ) and by not being able to access these documents undermines and violates the legal authority of the conservatorship. I can only believe that this is a systemic issue with Bank of America. 

I believe that this conduct is egregious and that any penalty, fine or consequence for Bank of America within the scope and power of the Consumer Financial Protection Bureau should be utilized without prejudice.

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