Consumer complaint received 2015-07-19
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: VA
Product: Bank account or service
Sub-product: Checking account
Issue: Problems caused by my funds being low

Complaint:
I would like to make a complaint against Bank of America, my bank, which I COUNTED ON FOR HONEST AND ACCURATE INFORMATION. On XXXX/XXXX/15, I called the XXXX number, and spoke to bank rep concerning a check I received. The check was for a mystery job assignment, and I had no way to verify if it was legitimate. I decided I would not deposit the check until I had discussed it with my bank, to make sure I was n't being scammed in any way. I explained to the rep that I had never heard of this bank before, but the check appeared real, and that it was a cashier 's check. I explained that I could not afford to be scammed. I asked her direct questions, such as, " Will I be held responsible by the bank if this check is n't good? '' She firmly told me " No, that wo n't happen. The bank will verify the check before the money is placed into your account. Once the check clears and the money is there, it 's yours to do with as you wish ''. And so, based on her information, ( a BANK OF AMERICA rep, who may be recorded for quality and training purposes ), I went ahead and deposited the check. It cleared and I completed a XXXX assignment for which I got to keep {$170.00} cash and {$50.00} in merchandise purchased. The rest of the money was returned to the scammers via XXXX. By the time I received a notice from Bank of America that my savings account was overdrawn and that the check was indeed fictitious/altered, it was too late. I immediately called the bank and explained the situation, and asked for an investigation to be started. I feel that I should not be held responsible based on false information given to me by the bank. I talked with XXXX and I asked for an investigation. I also stopped by my local branch and spoke to XXXX XXXX. She also submitted a complaint on my behalf. Believing that my claim was under investigation as I had respectfully requested, I waited patiently to hear back. I have filed a claim with Bank of America in the past, and I know that it can take several months. I knew this would be a lengthy investigation, so I was n't worried. I never received anything in the mail or via email or by phone from Bank of America concerning their conclusions or findings on this matter. On Thursday XXXX XXXX, 2015, WITHOUT ANY WARNING OR NOTICE, Bank of America stole {$430.00} out of my checking account, basically leaving me a XXXX balance with payments scheduled to come out. I was at a restaurant and tried to pay my bill when my bankcard was declined. The automated phone system listed a {$430.00} debit, but did not state where the money went. I tried unsuccessfully that evening, and the following morning to have the money returned to my account, since I had not been notified and was under the false impression that no action would be taken until an investigation had been concluded. I found out at that time, that the claim I submitted had never even been started! They also refused to start one at this time. I was told by a rep in collections, that they have a right to " onset funds '' after 90 days of an account being overdrawn. I told her that I had never received any notice from them whatsoever, and that I was under the impression that the account was frozen until the investigation was completed. She said they sent me XXXX notices, '' the XXXX XXXX of which " I MAY NOT HAVE RECEIVED YET '' I have not received it YET, which is a failure on the part of the bank to notify me properly and in due time by their own admission. I did n't receive any notice which she says was sent sometime in XX/XX/XXXX. The only notice I received was the first one, which notified me of the check being bad and that my savings account was overdrawn. This notice, dated XXXX/XXXX/15, states, " If your account remains overdrawn for 5 or more consecutive days, a {$35.00} Extended Overdrawn balance Charge may apply '' I was never notified that money from my checking could be taken or " onset ''

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