Consumer complaint received 2022-06-29
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
Product: Checking or savings account
Sub-product: Checking account
Issue: Opening an account
Sub-issue: Unable to open an account

Complaint:
To Whom it may concern : The following is my complaint, as part of an affidavit, against Bank of America for racially discrimination, unfair, deceptive, abusive acts and practices, and breach of fiduciary duty, breach of trust, against me unreasonably, while depriving me of my rights, when the fiduciary agents have led me to believe that they would be working in the best interests of myself and my property and continued to perpetuate that belief in me when in reality more sinister actions were being conducted without my knowledge. Attached is either a zip file containing 118 exhibit files or the maximum allotted files by this website to support the claims made herein ; to support the fact that other consumers are engaging in their rights unobstructed ; to support the fact that both the fiduciary agents and the fiduciary institution have been placed on a lawful fiduciary notice ; to support the fact that I have recorded evidence that I was intentionally lied to, misled, and deprived of my rights as a consumer. 

Please examine the complaint and the attached evidence, and if you are not the correct agency that I need to file my complaint with, I implore you to forward this complaint and the accompanying exhibits to the correct agency and provide documentation that, either you are the correct agency and you will be looking into the matter or that you are not the correct agency and that you have forwarded the complaint to the correct agency on my behalf. 

XXXX. That on XX/XX/XXXX, I went into the Bank of America branch located on XXXX XXXX XXXX, XXXX, Texas, XXXX, which is known as the XXXX XXXX XXXX XXXX. Having been greeted by XXXX XXXX, Assistant Vice President, she led me to the office of XXXX XXXX XXXX, Relationship Manager and Business Owner Specialist, because I wanted to open a new deposit account with the bank, despite the banks previous history of XXXX XXXX  against me. I have recorded the two interactions between me and the agents, on this day, in two recordings, because I was forced to leave and return with a current utility bill to open the account even after I had already provided to the agent the two required forms of identification ( where the law only permits two forms of identification not three forms of identification ), where one recording is one hour and seventeen minutes and fifty-nine seconds and the second recording is just fifty-eight minutes and twenty-nine seconds. The horrendous encounter does not entail me giving XXXX XXXX permission to use my private identifying information to run a background check on me in order for the account to be established nor is it specified ( disclosed ) to me that my social security information would be used solely to determine my eligibility in opening an account. What can be heard is me giving XXXX XXXX my permission ( consent ) to use my social security number solely for the purposes of applying for credit. That is the purpose that XXXX XXXX made me believe he was running my social security number for. It is at the end of the transaction, when I was about to live the XXXX XXXX XXXX XXXX and questioned about the credit application, where I discovered that XXXX XXXX had not even submitted a credit application. I only found out on XX/XX/XXXX from an adverse action Declination Letter sent to me by Bank of America and XXXX XXXX, that my credit was ran by XXXX XXXX for the purposes of opening the account. It was never disclosed to me nor did I receive any disclosure notices that my credit would be ran for any other purposes than what I specified. And not only was my credit ran without my permission in a transaction that I didnt receive notification or disclosure on, but based on what was produced in the credit report, I was illegally denied services based on the credit report generated, which still baffles me because I left the XXXX XXXX XXXX XXXX with documentation and evidence that I had an active, existing account and I also received in the mail from Bank of America a debit card for the account prior to my receipt of the letter of adverse action Declination Letter. 
a. During the encounters with XXXX XXXX, he was extremely unprofessional and rude with me and genuinely seemed as though he did not even want me to be in his presence. This became even more apparent when I began asking him ( as on his door is posted signage that alludes that he is a loan officer and can make loans as an Mortgage Loan Original ( MLO ) ) about TILA. He didnt even want to answer the questions I asked about TILA and it took me several attempts to even get the answer that I was looking for in regards to TILA from him and he seemed genuinely frustrated with me for even asking questions regarding the topic. I literally had to ask XXXX XXXX why he was getting upset with me and he tried to say that I was being XXXX with him. I honestly cant see how me asking him questions to protect my rights, protesting his abuse of my consumer rights, and being upset at being forced to disclose voluntary information would in any way, shape or form be considered as me being racially disparaging to him. In my first encounter with XXXX XXXX he asked if I was currently employed and I stated yes, because I both currently work part time at XXXX XXXX and have just started a financial company in the hopes of improving my current life. It appears that XXXX XXXX has purposefully lied and placed application and/or my account that I am unemployed, a fact I found out on XX/XX/XXXX from another loan officer in my attempt to apply for a loan. Near the end of the transaction, XXXX XXXX literally left me in his office alone after providing some of the required disclosures ( not all disclosures as is required by law and especially not the Texas Department of Savings and Mortgage Lending disclosures which may or may not govern him as a loan officer ) as he went out and played around on the phone directly outside his office with XXXX XXXX. 

13. That on XX/XX/XXXX, XXXX XXXX, Assistant Vice President, Financial Solutions Advisor, and XXXX XXXX, title unknown to me but stated by him to be the same position as XXXX so most likely Assistant Vice President, did receive from me an original signed and endorsed with notary signature copy b of the 1099-A along with the original copy of copy a that too was signed and endorsed with notary signature of 1099-A. These two also received a signed original copy of copy A for the form 1099-OID, a copy of the form 56-F, as well as a copy of the receipt showing that I had mailed the same foregoing instruments to XXXX XXXX XXXX the CEO of Bank of America. This occurred after I had went into the XXXX XXXX XXXX XXXX on that day in attempt to acquire and sign four loan instruments and was completely denied the opportunity to do so by both of these men. In fact, XXXX XXXX did indeed take the 1099-A, 1099-OID, 1040V, Form 56-F, and receipts from me and proceeded to lead me on with his false statements as if he had intended to act in my best interests, all the while misleading me with his sugar coated venom in order to have me leave the financial institution with no idea of the true machinations that were about to take place behind the scene. XXXX XXXX against me to deprive me of my right to physically sign the four loan agreements in violation of the Electronic Signature in Global and National Commerce Act is one thing, but leading me on to believe that you had been made aware of and accepted fiduciary responsibility in the transaction that has already been reported to the Department of the Treasury Internal Revenue Service in the amount of {>= $1,000,000} is another breach of fiduciary responsibilities and a unscrupulous/perfidious breach of the trust that I had placed in XXXX XXXX that sickens me to no end. A trust he continued to nonchalantly violate even as the next time I physically interacted with the man rolled by. XXXX XXXX was exceptionally rude and condescending to me throughout the entire encounter and made several blatant lies in attempt to make me believe that Bank of America first required me to consent to electronic communications and would not be able to allow me to apply in person for a loan application without first being pre-approved online. I know full well that pursuant to the E-Sign Act that a consumer has every right to refuse to do an application electronically and that if the consumer requests to physically sign a loan application the bank is required to provide a hard copy application to the consumer so that he may fill out the application and inspect the application to his liking. This is not the first time that I have been denied my ability to enforce/enjoy my basic consumer rights by Bank of America and its agents. 

14. That on XX/XX/XXXX, Bank of America Fraud Department agents placed a complete account restriction against me while I was on the phone with them detailing to them the transaction in question. The agent did inform me that I needed to go into the bank the following day in order for me to verify my identity but never disclosed to me that he placed a account restriction and the purpose of me having to go into the bank was due to the account restriction. He led me to believe that the purpose of me having to go into a bank was because my identity had to be verified in order for the transaction that I have been attempting to make for the past week or so finally commence. It wasnt until I was at work attempting to make a small purchase of snack and drink that I discovered that my card had been blocked and my access to online accounting restricted that I found out that he had locked the account stating in his notes that he did not believe me to be the account holder. The subsequent call had me question the very notion as in order for me to even speak with a representative of Bank of America I need to verify every account detail and then log into the account through the mobile app and give them authorization via the app before the agents of Bank of America are even willing to speak to me and assist me in any matter that I am calling about. Having done the same thing with fraud department agent XXXX and the agent prior to him, I still find it exceptionally hard to believe that he would have a difficult time believing that I am the account holder in any reason, way, shape or form. It took me having to go into a financial center to lift the restriction and even then I was unable to process the transaction that I have been attempting to make. 

15. That on XX/XX/XXXX, XXXX XXXX, title unknown to me as she claimed to not have a business card available to give to me but probably Relationship Manager, being rude and extremely unprofessional and laughing at me alongside many of her cohorts listed herein, when I came into the XXXX XXXX XXXX XXXX to provide the demanded identifying document and my debit card to lift the unfair restrictions placed against me, attempted several times to get me to either leave the financial institution without the assistance I was told I should ask for or not even do the task that XXXX XXXX and XXXX XXXX assigned to her. 

16. That on XX/XX/XXXX and the days after, Bank of America completely restricted and completely closed my account without giving me prior notice or warning, citing that notice was given in the contract ( a unilateral contract that I do not have a copy of anyone signing and where my own signature is missing ). On that day I had made several attempts to call into Bank of America and on the first couple of attempts I discovered that when putting in account information such as the last four digits of my private Social Security Account Number or the last four digits of my debit card, I would automatically be routed to an automated voice recording informing me that the bank was closed and would not be reopen until Monday-Friday between the hours of XXXX XXXX thru XXXX XXXX Eastern Time. However, if I leave out my information and press random prompts I am able to be routed to an agent and that is how I discovered that Bank of America, without having disclosed to me the reason as to why my account is being closed or for what reason for the closure, declared that for undisclosed of risks Bank of America was enacting its rights to closed the account for any reason without having to provide notice and would mail to me the reason as well as inform me of how I will be able to obtain my money after they have conducted their investigation and have closed the account. 
a. Mind you, since this account closure process commenced a literal week after I went into the XXXX XXXX XXXX XXXX and physically hand delivered Department of the Treasury Internal Revenue Service Form 56-F Notice Concerning Fiduciary Relationship of Financial Institution that has the OMB Control Number of XXXX to Assistant Vice President XXXX XXXX and had the form mailed using the delivery service provider XXXX to both the Bank of America Headquarters/CEO XXXX XXXX XXXX XXXX with the tracking number XXXX, and the Department of the Treasury Internal Revenue Service , with tracking number XXXX XXXX it is clear evidence that Bank of America and it agents , including the CEO, is in direct breach of trust, is maliciously violating/breaching its fiduciary responsibilities of me and my estate, has deliberately and perfidiously under unscrupulous means, caused the closure of my account without benefit to me the beneficiary nor benefit to my estate, causing actual damages where damages are : i. XXXX XXXX  XXXX. XXXX XXXX XXXX. XXXX XXXX iv. Deprivation of Rights v. Negligence vi. Misconduct vii. Actual damages, statutory damages, and all other such relief as per statutes viii. Where actual damages include : ix. Any funds remaining in the checking account at the time of fiduciary breach ; around {$900.00} x. {$500000.00} line of credit with Bank of America xi. {>= $1,000,000} ( interest included ) in four loans, personal, auto, home, business, with Bank of America that has already been filed and accepted by the Department of the Treasury- Internal Revenue Service via online filing of 1099-A xii. Where Bank of America has wholly or in part made a decision to deny me services based on a consumer report that may or may not have been provided by Consumer Reporting Agency, which is a direct and willful violation of the Fair Credit Reporting Act ( FCRA ) and the Truth In Lending Act ( TILA ) xiii. All of these have occurred against an American National entitled to Full Faith and Credit b. Where I can legally and lawfully seek relief in equity, relief in common law, relief in maritime jurisdiction, and relief in admiralty jurisdiction via i. A Class Action under Federal Rules of Civil Procedure Rule 23 ( Jury Demand ) ii. Award compensatory damages ( jointly and severally as well as severally ) iii. Award punitive damages ( jointly and severally as well as severally ) iv. Award treble damages ( jointly and severally as well as severally ) in courts of Article 1 where common law and equity jurisdictions apply v. Award treble damages ( jointly and severally as well as severally ) in courts of Article 3 where admiralty and maritime jurisdictions apply in equity or by law vi. Pre-judgment and post-judgment interest on monetary relief vii. The costs of bringing the suit, including reasonable attorneys fees, and viii. All other relief to which Plaintiff ( jointly and/or severally ) may be entitled to by law or in equity c. Where I have recorded audio of every encounter with as many agents of Bank of America thus far, I have the receipts for proof of mailing, I have certified copies from the Library of Congress to substantiate any other claim I may make, I have certificates of authentication to prove my Nationality and Identity sworn to and subscribed by the Secretary for the Department of State for the United States of America and his Officer of Authentications 17. That Bank of America and its agents XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, including agents XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX have engaged in direct willful violations of United States Codes pursuant to the Gramm-Leach-Bliley Act ( GBLA ) ( 15 U.S.C. 6801 et seq. ) ; the Real Estate Settlement Procedures Act ( RESPA ) ( 12 U.S.C. 26012617 ) ; the Truth-in-Lending Act ( TILA ) ( 15 U.S.C. 1601 et seq. ) ; the Equal Credit Opportunity Act ( ECOA ) ( 15 U.S.C. 1691 et seq. ) ; the Fair Credit Reporting Act ( FCRA ) ( 15 U.S.C. 1681 et seq. ) ; the Fair and Accurate Credit Transactions Act ( FACT Act ) ( also 15 U.S.C. 1681 et seq. ) ; the Electronic Signature in Global and National Commerce Act ( E-Sign Act ) ( 15 U.S.C. 7001 et seq. ) ; the Economic Growth, Regulatory Relief and Consumer Protection Act ( S. 2155 ) ; the Privacy Act of 1974 ( 5 U.S.C. 552a ) ; the Unfair, Deceptive, Abusive Acts or Practices Act of the Dodd-Frank Act ( UDAAP ) ( 12 U.S.C. 5531 ) ; Generally Accepted Accounting Principles ( GAAP ) ; Generally Accepted Auditing Standards ( GAAS ) ; 42 U.S.C. 1981 ; Tex. Fin. Code. Ann 156.303 ; Tex. Bus. & Com. Code Ann. 17.41 17.63, Government Accounting Standards Board ( GASP ) Regulations ; Financial Accounting Standards Board ( FASB ) Regulations 18. That Bank of America has a recorded history of practicing racially biased, racially discriminatory behavior/policies/procedures against me and my estate, culminating in a settlement that I recently received from the bank after years of battle with the bank. The settlement between me and the bank also includes another 512 injured individuals that have faced the XXXX XXXX  banking practices of Bank of America in not only the State of Texas, but throughout the entirety of the United States of America in each and every state of America. I have the two settlement agreements and on numerous occasions of speaking with Bank of Americas representative made mention that I have a settlement with Bank of America in the hopes of preventing/circumventing all such practices and behaviors that are currently taking place against me right now. 

19. That I have never signed nor received a copy of any signed document that I have agreed to the diminishing, removing, waiving, obstruction, deprivation, destruction, of my or my propertys rights in any way, shape or form. I have not signed away my rights and even though Bank of America may intend to fraudulently demonstrate that I have signed away my rights I would never willingly or knowingly sign away my rights. To the contrary, I always sign any document in a way that reserves my rights pursuant to Uniform Commercial Code 1-308 C.F. Texas Business and Commerce Code 1.308. It is my right and I enforce my right at every chance I get. This is to ensure that in no feasible way, it can be presumed, assumed, construed, misinterpreted, interpreted, etc., that I have will ever intentionally, unintentionally, voluntarily, involuntarily, knowingly, unknowingly, purposefully, accidentally, ever waive any right substantive or procedural in any way, shape, or form. 

20. That it has come to my attention that according to Title 12 of the United States Code financial institutions such as Bank of America are required to follow GAAS Regulations, FASB Regulations, GAAP Regulations, the Yellow Book, the Green Book, the Gold Book, and according to these regulations Bank of America is required to follow the guidelines and procedures found in Statement of Financing Accounting Standards ( FAS ) FAS 125 ; FAS 140 ; FAS 133 ; FAS 5 ; FAS 95 ; These established FAS guidelines would allow Bank of America to convert the 1099-A by whatever established conversion method prescribed into the currency that I have requested and have been approved for by the United States XXXX Treasury as a non-repayable loan, securitize the loan instruments so that Bank of America can follow other established procedures detailed in various Federal Reserve Bank publications detailing how to convert consumer promissory notes such as loans so the bank can net profits from at least 10-20 times the face value of the loans. However, because of the continuous discriminatory behavior that continues to persist even after settlement, the representatives of Bank of America upon my inquiry of TILA laws, have decided to deny the opportunity to even apply for a loan in violation of the E-Sign Act, and in breach of trust and in breach of fiduciary responsibilities have altogether caused further harm by closing the account and denying me asses to my own money. 

21. That I am aware of the fact that there are millions of other American Consumers that are able to engage in their right to report tax information on 1099-A and receive the funds/items that have been requested by the 1099-A with no issue or hinderance. Financial Institutions, Auto Dealers, Mortgage Brokers, and even Attorneys are aware of the fact and uses of the 1099-A and are allowing consumers to use their services or purchase their products with no issue. But because I have inquired of my TILA rights and have informed them of their fiduciary responsibilities Bank of America has decided with perfidy and unscrupulous indignation continued to trespass my rights and racially discriminate against me, causing the greatest harm a financial institution has ever caused me. 

NOTICE : It is stare decisis in such cases as XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXXXXXX XXXX XXXX ( XXXX XXXX. XXXX ) ; XXXX XXXX XXXX v. United States, XXXX XXXX XXXX, XXXX XXXX. XXXX, XXXX, XXXX XXXX XXXX ( XXXX ) ; XXXX & XXXX XXXX XXXX XXXX. v. United States, XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX. XXXX, XXXX XXXX XXXX ( XXXX ) Proof of an implied-in-fact contract comes not from an express agreement, however, but from conduct of the parties and The government enters into contracts with the public through contracting officers. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( 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