Consumer complaint received 2017-02-17
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Bank account or service
Sub-product: Checking account
Issue: Problems caused by my funds being low

Complaint:
I have maintained an active banking relationship with Bank of America since XXXX and am considered a high value customer with Platinum privileges. Unfortunately, the bank has directly caused me to succumb to a financial loss due to false statements and complete misrepresentation of their policies regarding my checking account, and overdraft protection through my BofA Visa card. I have spent over 7 hours on the phone with numerous BofA representatives over the past month and have come to realize that they are not going to cooperate with me, nor be held accountable for the bank error that resulted in my loss of {$400.00} to XXXX County Tax Collector regarding bounced check # XXXX, dated XX/XX/XXXX, in the amount of {$4000.00}. 
Specifically, the basis of my complaint is documented on a recorded conversation with a BofA representative named XXXX who informed me in very direct terms that due to my outstanding status with BofA since XX/XX/XXXX, I should not be concerned about several large checks being possibly returned for NSF since the balance in my checking account and overdraft protection would be sufficient, even if my accounts were overdrawn at the time the checks were presented for payment through ACH.I was somewhat dubious of XXXX assertion at first, and repeatedly asked him if he was ABSOLUTELY SURE that several large property checks written would clear -- knowing full well, that if they did n't I would be faced with a 10 % penalty from the County Tax Boards. XXXX told me that he carefully reviewed both of my accounts -- checking and overdraft, and was fully aware that my overdraft account was nearly maxed out. I also explained to him that I could wire funds very easily into my checking account from XXXX if necessary, but once again he said that there was no reason to do that the bank would make good on my checks. 
On XX/XX/XXXX I received a letter from XXXX County Tax Collector that in fact my payment was not accepted and returned to me for non-payment. Further, there would be a 10 % penalty attached when sending in the full amount due. I called BofA regarding this matter, referencing my call with XXXX, and then held a three way conference call with BofA representative named XXXX XXXX ( call reference number XXXX ) on XX/XX/XXXX. XXXX apologized repeatedly for what XXXX had told me and XXXX from XXXX XXXX XXXX Collector. XXXX explained all that 's needed was a brief letter stating the bank error and to send it to me so I could in turn mail the letter to the County along with another check in full for property taxes due WITHOUT ANY PENALTY. We all agreed to proceed on that basis, but the letter never arrived nor was XXXX responsive to multiple attempts to reach her. I suspect she was told to avoid any contact with me. BofA did send me a letter afterwards claiming that no bank error occurred and have been evasive ever since in responding back to me. I gave them the option of compensating me {$400.00} for my loss as well, but they declined. 
I would greatly appreciate you help in this matter to hold the bank accountable for the financial loss I have suffered. I will consider this case resolved with either a letter explaining the bank error that occurred, or a check for {$400.00}. 
Thank you!

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