Consumer complaint received 2022-10-07
Company: BANK OF THE WEST
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem caused by your funds being low
Sub-issue: Overdrafts and overdraft fees

Complaint:
THERE ARE LAWS IN PLACE FOR DECEPTIVE BANKING PRACTICES AND I WILL PURSUE LITIGATION TO THE UTMOST EXTENT *********** 1005.17 Requirements for overdraft services. ************ I never requested any extension of credit from Bank of the west.Bank of the west took it upon themselves to extended credit to me the consumer without an explicit request or contractual agreement to do so and then decides to tack on an overdraft fee for a transaction that should have been declined DUE TO insufficient funds.I NEVER REQUESTED ANY FORM OF CREDIT OR OVERDRAFT PROTECTION FROM BANK OF THE WEST nor did I SIGN ANYTHING OPTING INTO A CONTRACTUAL AGREEMENT FOR OVERDRAFT PROTECTION or any other form of CREDIT. 

XX/XX/XXXX I received a letter from BANK OF THE WEST stating that they extended credit on my behalf.No where in that letter does it state I asked or requested this service. 
****WHICH IS ATTACHED*** Bank of the west states : Checking Account XXXX became overdrawn on XX/XX/2018 when a debit card transaction in the amount of {$59.00} to XXXX was presented for payment against an account balance of {$2.00}. Due to insufficient funds, the Bank paid the item and assessed a {$35.00} Paid Overdraft Fee the following business day. 

DUE TO INSUFFICIENT FUNDS, THE BANK PAID THE ITEM .. AT WHOS REQUEST? WHO REQUESTED THAT BANK OF THE WEST EXTEND CREDIT? WHERE IS THE SIGNED DOCUMENT OR RECORDED PHONE CALL WHERE I XXXX XXXX OPTED INTO A CONTRACTUAL AGREEMENT IN WHICH BANK OF THE WEST WOULD PROVIDE CREDIT SERVICES bank of the west needs to provide proof THAT I XXXX XXXX REQUESTED THIS ACTION TO TAKE PLACE I want to see the IP ADDRESS USED THE USER-AGENT TIME OF DAY DATE when it was requested to opt in to overdraft protection AND THEN I WANT TO SEE THE LETTER THAT WAS SENT CONFIRMING I AGREED TO OVERDRAFT PROTECTION AS THIS IS WHAT IS REQUIRED UNDER THE LAW.I also want to see the document tracking number that bank of the west sent to my address confirming I opted in for overdraft protectionTHE DATES FROM THE ELECTRONIC REQUEST TO CONFIRMED MAILING DATE with tracking number should be within reasonable time. 

It is unfair and deceptive for BANKS TO PROVIDE OVERDRAFT PROTECTION WITHOUT A CONSUMERs explicit request FOR ITHERE ARE THE LAWS IN PLACE GOVERNING THIS TYPE OF CRIMINAL BANKING PRACTICE AND I WILL BE SEEKING ACTUAL DAMAGES IF THIS FOUL BEHAVIOR IS NOT RECTIFIED 1005.17 Requirements for overdraft services.

( b ) Opt-in requirement ( 1 ) General. Except as provided under paragraph ( c ) of this section, a financial institution holding a consumer 's account shall not assess a fee or charge on a consumer 's account for paying an ATM or one-time debit card transaction pursuant to the institution 's overdraft service, unless the institution : ( i ) Provides the consumer with a notice in writing, or if the consumer agrees, electronically, segregated from all other information, describing the institution 's overdraft service ; ****BANK OF THE WEST DID NOT PROVIDE ANY NOTICE IN WRITING CONFIRMING MY CONSENT TO OPT IN**** ( XXXX ) Provides a reasonable opportunity for the consumer to affirmatively consent, or opt in, to the service for ATM and one-time debit card transactions ; ( iii ) Obtains the consumer 's affirmative consent, or opt-in, to the institution 's payment of ATM or one-time debit card transactions ; and ****PLEASE PROVIDE THE DOCUMENTS OR RECORDED PHONE CALL WHERE BANK OF THE WEST HAD MY AFFIRMATIVE CONSENT**** ( iv ) Provides the consumer with confirmation of the consumer 's consent in writing, or if the consumer agrees, electronically, which includes a statement informing the consumer of the right to revoke such consent. 

****PLEASE PRODUCE A TRACKING NUMBER TO THE LETTER BANK OF THE WEST SENT CONFIRMING I AGREED TO OPT IN***** ( 2 ) Conditioning payment of other overdrafts on consumer 's affirmative consent. A financial institution shall not : ( i ) Condition the payment of any overdrafts for checks, ACH transactions, and other types of transactions on the consumer affirmatively consenting to the institution 's payment of ATM and one-time debit card transactions pursuant to the institution 's overdraft service; or ( ii ) Decline to pay checks, ACH transactions, and other types of transactions that overdraw the consumer 's account because the consumer has not affirmatively consented to the institution 's overdraft service for ATM and one-time debit card transactions.

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