Consumer complaint received 2017-01-05
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MO
Product: Credit card
Issue: Late fee

Complaint:
The purpose of my complaint is to draw attention to a potentially abusive practice - as defined by UDAAP regulations - that Bank of America may be employing with their credit card customers. 
I have had a Bank of America XXXX for many years and have been working diligently to pay it off completely. I set up payment arrangements with them about XXXX years ago to finally reduce and eliminate my credit card debt with them. These arrangements include direct debit ( ACH ) payments from my checking account near the beginning of every month. I am a senior citizen on a fixed income, so I have to " stretch every dollar '' in-order to make ends meet. 
I was showing my latest account statement to my son recently, and he noticed that I have been charged a " Past Due Fee '' every month by Bank of America in the amount of {$22.00} ( see attached statement, page XXXX of XXXX. ) However, I set up payment arrangements with Bank of America a couple of years ago and set up automatic ACH payments from my checking account ( not with B of A ) in the amount of {$100.00} to come out on or around the first of each month. According to my statements, my payment due date for this account has always been on the XXXX of each month. 
My complaint is simply this : If I 'm making regularly scheduled payments via XXXX well in-advance of the account 's due date, why am I being assessed a " past due '' fee EVERY month? 
In analyzing my most recent statement further ( enclosed/attached, ) I discovered that according to B of A, I have paid over {$400.00} in past due fees in XX/XX/2016, which amounts to {$120.00} more than I paid in interest during the same time period! ( see attached statement, page XXXX of XXXX. ) I believe this is both unfair and abusive for several reasons : Since I have automatic payments set up, there should NEVER be a past due fee. Especially since my ACH payment date is always several weeks prior to the due date on the account By assessing " past due '' fees each month, this could have a negative impact on my credit score which is not only detrimental to me financially, but also potentially fraudulent, since my payments have never been late. 
After I discovered this " Past Due '' charges, I called Bank of America directly and brought this matter to their attention. The representative I spoke to told me they would no longer assess these " Past Due '' fees, which I appreciate. However, they made clear they would not reimburse me for the amount of the past fees, which is unfair, considering my perfect on-time payment history. 
I bring this to your attention because I fear I 'm not the only customer they are unfairly charging these " past due '' fees. 
As I stated earlier, I 'm a senior citizen living on a fixed income. I have to watch my money closely and do n't live an extravagant lifestyle. However, I 'm doing fine with what I have. But I know there are many senior citizens who are less fortunate than me and I 'm very concerned that Bank of America is negatively impacting their lives through exorbitant fees and potentially damaging credit reports. 
I look forward to your timely response and investigation into this matter. 
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 explanation