Consumer complaint received 2015-08-10
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MI
Product: Bank account or service
Sub-product: Checking account
Issue: Making/receiving payments, sending money

Complaint:
According to the 4-401 of the U.C.C. - Article 4 Sub C : '' ( c ) .... unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty. The notice is effective for the period stated in Section 4-403 ( b ) for stop-payment orders, and must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in Section 4-303. If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act. The loss may include damages for dishonor of subsequent items under Section 4-402. " I have attempted to contact Bank of America to inquire on how to submit such notices for post-dated checks and was told that it was n't an option. The following chat was done at XXXX/XXXX/2015 at XXXX EST : -- -- XXXX : Good day! Thank you for chatting with Bank of America, my name is XXXX. 
XXXX XXXX : Hello XXXX XXXX : I was wondering how does one submit a post-dated check request notice to Bank of America. 
XXXX : I am delighted to assist you with your inquiry. 
XXXX : XXXX I please have your full name? 
XXXX XXXX : XXXX XXXX : XXXX, thank you. 
XXXX : Thank you, can you please provide the last XXXX numbers of your account number? 
XXXX XXXX : XXXX : Thank you. 
XXXX XXXX : Fyi I do n't want to submit XXXX, I am just inquiring on how it is done. 
XXXX : I understand. 
XXXX : Please allow me a moment to review your accounts. Thank you in advance for your patience. 
XXXX : If a postdated check ( a check dated in the future ) is presented for payment, the bank may pay the check and charge it to your account even if it is presented for payment before the date stated on the check. Your only option to stop the check before it pays, would be to place a stop payment on it. The fee is XXXX dollars per stop payment. 
XXXX XXXX : If " the customer has given notice to the bank of the postdating describing the check with reasonable certainty '' the Uniform Commercial Code requires that the notice to be honored. That is what I readXXXX XXXX : According to commerical banking code XXXX XXXX : I was n't asking you if it is possible since it is the law, I was asking you how to submit a notice for post-dated check which banks must legally abide by. 
XXXX : We are not able to submit a notice. 
XXXX : You would have to place a stop payment on the check. 
XXXX XXXX : I do n't want to stop the check, I want to post-dated. 
XXXX XXXX : I do n't think you understand my issue, is it possible that you can forward me to a supervisor. 
XXXX : The Uniform Commercial Code ( UCC ) requires banks to accept instructions to delay payment on post dated checks ( stop payment ), as long as the bank is notified within a reasonable time period before checks are presented for payment. 
XXXX XXXX : Are you saying that Delaying a check is the same as stop payment? I do not see that ( stop payment ) part you just added. 
XXXX XXXX : on the UCC codeXXXX : That is the only option you have. 
XXXX : I 'm truly sorry for any inconvenience this has caused you. 
XXXX XXXX : There is no inconvenience, I will submit this chat along with a XXXX complaint since you guys will not follow the laws along with a complaint with the Consumer Financial Protection Bureau. 
XXXX XXXX : If you guys are not following the regulations based on what you said, it should be filed -- -- -- -

Company public response: Company chooses not to provide a public response
Company response to consumer: Closed with explanation