Consumer complaint received 2022-07-22
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:
Dear Bank of America, This letter has been served as a notice of Bank of America 's ( BOFA ) unlawful XXXXXXXX XXXX, misappropriation of funds, retaliatory harassment, and failure to accommodate activities, or any equivalent thereof under the auspices of a supposed " fraud '' investigation, that started today XX/XX/2022 by the actions of your employees XXXX XXXX at the BOFA branch located at XXXX XXXX XXXX, XXXX XXXX, CA, XXXX and XXXX XXXX off the BOFA fraud division. 

When I went to make a routine bi-monthly deposit at my normal BOFA branch located on XXXX XXXX in XXXX XXXX. I was advised by the manager that there was only one teller on XX/XX/2022 and they were about to take a break and return in an hour or so. So I decided to go to the other BOFA branch located on XXXX. 

I cashed a {$4500.00} check issued by another BOFA account and made a deposit into my account which is done twice a month as the activity will show. After which time XXXX XXXX randomly engaged me about BOFA investment services. As best I recall something to do with a Life Plan about what I intend to do with the funds in my account within the next 6 months. I politely declined the offer of BOFA investment services. 

Then proceeded to withdraw {$5900.00} dollars and left to go to lunch. At lunch, I received a BOFA email alert stating my account balance has dropped below {$100.00}. Which was alarming given the available account balance in my account would be over {>= $1,000,000}. Initially, I had thought the email might be a fishing attempt and decided to go back to my normal branch after lunch to see what this was about.

Once I arrived the onsite manager explained the account shows an apparent fraud alert mid-transaction between the aforementioned deposit and withdrawal which was done with XXXX XXXX. My account now account reflected a withdrawal of {>= $1,000,000}. Given the timing, my account was certainly flagged while I was still interacting with XXXX XXXX at the other branch after I declined BOFA 's investment services. Yet XXXX XXXX failed to mention any issue to me while I was there. The manager also informed me I now had to call the fraud hotline to resolve this issue.

I then was stuck in a series of long calls being transferred several times and lasting over 2 hours. Ultimately, resulting in a conversion with XXXX who was a manager of some kind. XXXX reached out to XXXX XXXX XXXX in the fraud department to determine what the issue was. I had thought perhaps this was an attempt by a third party to defraud my account. But XXXX after speaking with XXXX XXXX informed me that BOFA and more specifically XXXX XXXX himself had decided to flag my account as supposedly being involved in fraudulent activities when this is contrary to BOFA trying to get me to invest with them early in the day. This was done without any verbal notice by the teller, calls or explanation via email, etc ... by BOFA. 

In fact, when I tried to get any meaningful information from XXXX he informed me that XXXX XXXX refused to provide an incident/case number, his or anyone else 's contact information, any explanation of any kind of what exactly was the basis for this and/or any semblance of a timeline of how long it might take to get any answers or access to my account. I informed XXXX of the situation at the branch with XXXX XXXX and that my declining of BOFA 's investment services was not a basis for a fraud investigation. I also informed XXXX that BOFA 's refusal to provide any explanation whatsoever, any timeline or contact information while restricting access to my funds was unethical and a failure to accommodate under federal law. 

We also discussed that even under the Patriot Act BOFA does not have the legal authority to do whatever it wants with my account and the deposits therein without a proper legal basis. I further explained that if BOFA still refuses to provide any contact information or a basis for this unwarranted action I would file a complaint with the regulatory authorities and seek any other legal remedies to protect my civil rights and to be made whole. 

I have not participated in any fraudulent activities and all funds in my account can be accounted for and are ultimately derived from reputable XXXX XXXX  accounts that have the same vetting standards as BOFA. There is no basis whatsoever for XXXX XXXX to flag my account because I don't look the way she thinks I should to have the account balance/activity she took issue with. Nor is it remotely ethical under federal banking regulations for XXXX XXXX to state he will not discuss the matter and his dubious refusal to provide any case number, timeline and contact information to resolve this issue raises serious concerns about BOFA 's potential misappropriation of my funds for unauthorized investments. 

I looked up BOFA 's President XXXX XXXX and already notified him of the situation via email and to other relevant BOFA employees to establish a record and timeline of BOFA 's XXXX harassment and failure to accommodate. Therefore, I am demanding BOFA cease and desist all unethical XXXX XXXX  and unlawful failure to provide the protections and accommodations guaranteed under the federal law, including but not limited to : Access to my funds, proper notice and explanation, proper contact information when requested, and failure to perform any other banking services as agreed to in BOFA 's customer agreement without bias or prejudice as required under federal law. 

The previously conducted actions are unwanted, unwelcome, and are financially and contractually unbearable, and will cause irreparable harm. Due to the aforementioned financial harm, emotional duress, and tortious interference with a contract the the largest wire into my account is derived from. BOFA needs to this cease and desist and provide me written assurance that BOFA will refrain from any further actions that could be deemed as harassment, financially harmful and/or a failure to accommodate as required under federal law as it pertains my civil rights. 

I preserve all my rights to seek additional legal remedies for BOFA 's tortious interference, XXXX XXXX  and any attempts by BOFA to retaliate against me for filing any complaints. As well as any actions by BOFA to perpetuate and/or facilitate wire fraud or acts of unjust enrichment by misappropriating any of the funds in my account. 

At a minimum, XXXX XXXX and XXXX XXXX need to attend a XXXX sensitivity training course and be advised that it is not unlawful for an XXXX woman who is often presumed to be XXXX to possess any amount of funds in the United States. My refusal to allow BOFA to invest said funds that are already allocated to a contractual agreement is not a lawful basis to flag my account or freeze my access to my funds in whole regardless of a single large wire. Nor will any attempts to invest my funds be tolerated if they have been invested without my knowledge or consent. 

XXXX XXXX can not refuse to provide any information whatsoever about the supposed fraud investigation and the relevant timeline and process on how to resolve this issue. I need a clear and timely response on how BOFA intends to proceed. Given the time sensitivity, this frivolous investigation has been created by tortiously interfering with my contractual obligations. 

Since XX/XX/2022 I have made numerous phone calls totaling over 6 hours trying to resolve the issue. When speaking to branch employees including the manager and customer service, they are all intentionally being evasive and often blatantly lying to avoid giving me any contact information to the executive escalation or President 's office. I was given XXXX XXXX 's email, XXXX, and I also found XXXX online. I emailed them both with no reply. 

Bank of America has already been sanctioned previously for illegally freezing accounts. I am in the middle of moving closer to XXXX to XXXX  theXX/XX/XXXX XXXX. As a XXXX XXXX and MUST HAVE access to my funds to secure housing, living, and XXXX  expenses. I am switching XXXX  and need to move as we speak. The hold has interfered and made it impossible for me to cover my living expenses. 

BOFA 's malicious conduct has caused irreparable harm and is not a routine banking procedure as the larger wire has been in my account for over two months and came from a vetted source XXXX XXXX. A simple call to XXXX would have cleared this wire. BOFA 's actions are retaliatory in nature given the freezing of funds derived from another BOFA account that can not possibly be suspected to be fraudulent as all transaction details are known to BOFA. 

I believe BOFA 's pattern of intentionally unethical misconduct constitutes several violations of federal law and regulatory rules. Since all of this happened during the transaction with XXXX XXXX who tried to insist on BOFA 's investment services. As well as the fact BOFA has since manipulated my account activities to try and move the time of the flagging to well after that exchange to distort the series of events. ( see attached screen shots ). 

I have a reasonable belief that my funds are not in my account and have been unlawfully invested if in an unauthorized manner. Moreover, I assert the supposed fraud investigation is nothing more than a willful scheme by BOFA to cover up its own financial crimes by defamation of my character. BOFA went from treating me like a preferred customer that should invest with services to a suspicious criminal within minutes on the very same day after I declined BOFA 's investment services. 

Sincerely, 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 monetary relief