Consumer complaint received 2022-05-21
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Banking errors

Complaint:
I have previously filed ( 2 ) complaints against Bank of America due to the amount of fees that my husband and I have paid over the last ( 2 ) years. As a result of my 2nd complaint, I escalated my point of contact to the manager of Regulatory Compliance, XXXX XXXX, whom confirmed that my original point of contact did not provide me the proper disclaimers that he ( XXXX  XXXX ) did not have the authority to approve fee reimbursements, although he did state that he was going to submit refund requests for both of my accounts with Bank Of America ( even though I only submitted the case for 1 account ) and further stated that normally he can only go back 1 year, but offered to go back ( 2 ) years due to our unusual circumstances of the massive impact that COVID has had on our family. This conversation took place on XX/XX/XXXX. I then escalated my phone conversation above XXXX XXXX and made contact with SVP of Regulatory Compliance, XXXX XXXX, on the same day ; XX/XX/XXXX. I advised him of the details of both complaints, XXXX 's confirmation of XXXX  XXXX 's lack of disclaimer that was confirmed and just how we have been impacted. XXXX XXXX could not care less. He was rude, condescending and I truly believe committed FRAUD! I advised him that I am XXXX XXXX XXXX and am on Social Security XXXX and on a fixed income. I further advised him that my husband works full time and is our primary source of income while we support XXXX kids. We have XXXX in college, XXXX in high school and XXXX in elementary. XXXX XXXX stated that " we all have health problems that we have to deal with so you need to get over it and it's not our fault that you can't manage your money ''. Regarding our impact by COVID, XXXX XXXX 's response was " COVID was soooooo 2 years ago ''. My husband and I both contracted XXXX in XX/XX/XXXX. That is far from 2 years ago. I then asked him if they were so in the right, then why did they settle a class action lawsuit, XXXX XXXX Bank of America? He stated 'sometimes its just easier to settle than fight ''. I commented that {$75.00} million dollars is an awful a lot of money to " settle '' for if you weren't in the wrong. He then stated " I shouldn't be discussing this with you as I don't know if you are a subject to this suit ''. Our call abruptly ended after that. I called XXXX XXXX back, not long after, and advised XXXX XXXX on his voicemail : " Due to the fact that our call ended so abruptly, I did not get an opportunity to let him know that our call was being recorded for quality assurance and that it will be released to the media ''. If that's not motivation to make sure a person doesn't receive a reimbursement of fees, I don't know what is! I say this as, the very next day, on XX/XX/XXXX, I received a deposit for {$17.00} into XXXX of my accounts with Bank of America titled " XXXX Class Action Settlement ''. The problem with that is this : 1. Per the FAQ 's of this lawsuit, " Settlement Class Members who are current customers of XXXX will receive a credit to their XXXX accounts for the amount they are entitled to receive from the Settlement Fund by the end of XX/XX/XXXX ''. XX/XX/XXXX is 15 days beyond that deadline. 

2. My husband and I are not parties to this class action lawsuit. We checked nor did we receive any documentation about it. 

By us receiving this " settlement '' it excludes us from any further reimbursement. I did share my information, complaints with the CFPB and all of my bank statements with XXXX XXXX XXXX writer XXXX XXXX. She published the article I referenced in both of my original complaints regarding the government notifying Bank of America and other major banks to cease from charging their banking customers fees due to the pandemic. As a result of that, XXXX XXXX did publish an article about my story : XXXX XXXX XXXX If I was in the wrong, why would a national news journalist, publish a story about this? If I was a party to the settlement, why would a national new journalist put any time into this story? 

XXXX XXXX committed fraud by making this deposit into my account.

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