Consumer complaint received 2018-06-01
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:
I have had the account with Bank of America ( BOFA ) for  approximately 365 days in XX/XX/XXXX. I have had the same employer which is a government entity, the XXXX XXXX XXXX. I receive a paper check once a month ( usually on the XXXX  or XXXX due to my pay day being the XXXX  of each month ) and deposit the check at a BOFA branch via ATM ( I may walk-in the check, however I select the ATM for a faster transaction ). BOFA usually allows {$200.00} when I deposit the check. I believe I have had a hold once on my employment check and one additional time ( date unknown ) on a personal check from my previous realtor in XX/XX/XXXX. 
XX/XX/XXXX at XXXX at the XXXX, XXXX XXXX Branch, I made a ATM check deposit of {$3400.00} to my checking account. I was given the option to complete the transaction which I selected unknowing a hold would be placed on my account. Upon completing the transaction, the ATM screen prompted a message that no funds were released from the transaction and that the funds would be held until XX/XX/XXXX. I contacted the customer service center multiple times where representatives ( reps ) all gave me standardized responses as to why my check was begin held. No one could provide me answers, I have had the same employer, deposit the around the same amount during the same time each month and usually deposit within the same areas I frequent. I was advised that the bank had discretion to hold my check due to the deposit agreement. I looked at the deposit agreement and seen that the bank " may '' allow a {$200.00} release of funds should the funds not be available immediately. The agreement also stated that a XXXX   check also had a faster turn around time. I contacted the branch I deposited this check to and they stated they could not assist me and to contact the " back office ''. They provided me the contact number on the ATM I used to deposit my check, the rep also stated the hold could not be lifted. To each one of the reps I spoke to, I explained I get paid once a month and that all my obligations must be addressed during this time frame of the XXXX. No one appeared to have any concern or provided any customer service beyond what the textbook stated. I then went to the branch located in Downtown XXXX XXXX at the BOFA building where I had the worst encounter with who I believe was the branch manager. Without even looking at my account stated that he could not lift the hold that was placed on my check. He stated he had never seen a hold on a XXXX check and advised me to contact my employer and have them cancel the check because BOFA was already " verifying '' my funds. He did not bother to sit down and speak to me and when I referenced the deposit agreement of the {$200.00} he stated the bank " may '' release, this was not a guarantee. He also stated that he could not explain why almost a year of banking with BOFA the check was placed on a hold. I was told that even if the bank received the funds prior to XX/XX/XXXX the bank would continue to hold said funds. 
I want to know why this continues to occur with my account. I have had overdraft charges but have always brought my account to a positive standing. I would like clarity as to why my case does not allow for a {$200.00} this month as it has every other month and why does this XXXX check not fall under the category referenced in the deposit agreement from BOFA. 
I do not wish to have direct deposit at this time for reasons I do not feel the need to share. I contacted my employers HR division and was advised that they could not cancel the check ( because they would need the original check that BOFA would not release ) - this was also a recommendation by the BOFA rep at the downtown XXXX XXXX location. HR stated that BOFA generally gives problems to the employees and even delays direct deposit transactions. 

I am now enduring a hardship due to this situation. Id like clarity as to why this check from every other XXXX check I have deposited was placed on hold and what is the longest by the agreement I have signed with BOFA that my check can be held.

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