Consumer complaint received 2024-04-28
Product: Checking or savings account — Checking account
Issue: Managing an account — Banking errors
Company: BANK OF AMERICA, NATIONAL ASSOCIATION (MD)

Formal Complaint Against Bank of America 's Persistent Violations of Enforcement Action ( Reference : XXXX  ) I am writing to file a formal complaint against Bank of America regarding their repeated attempts to circumvent the enforcement action issued on XX/XX/XXXX. Since XX/XX/XXXX, Bank of America has continuously obstructed the processing of redress as described in the aforementioned enforcement action, in addition to the handling of my account and the mishandling of claims I filed during my tenure as a customer. 

The enforcement action, which pertains to " Affected Consumers '' during the Relevant Period from XX/XX/XXXX, to XX/XX/XXXX, outlines specific criteria defining those impacted. " Affected Consumers '' are individuals who qualified for and received government unemployment insurance benefit payments electronically through prepaid debit cards issued by Bank of America, filed a notice of error concerning alleged unauthorized Electronic Fund Transfers ( EFTs ), and had Bank of America incorrectly determine, solely based on the results of their Fraud Filter, that no error occurred. Consequently, Bank of America denied error claims, reversed granted credits, and froze or blocked affected consumers ' accounts, causing consequential financial harm. 

The core issue arises from Bank of America 's utilization of a faulty Fraud Filter to investigate claims, which was implemented between XX/XX/XXXX, and XX/XX/XXXX. Instead of conducting thorough investigations, Bank of America solely relied on this automated process, disregarding established protocols under the Electronic Fund Transfer Act ( EFTA ) and Regulation E. This change in practice occurred despite the surge in error notices filed by prepaid debit cardholders nationwide in the summer of XXXX. 

Additionally, the Bank of America acknowledges that I am an " affected consumer, '' as defined in the aforementioned consent order. This acknowledgment is evident from the emails I received from Bank of America on XX/XX/XXXX, and XX/XX/XXXX, respectively. These emails were sent to my email address, XXXX, and explicitly identified me as a cardholder, with the last four digits of the card number being XXXX. Furthermore, unique identifying information attached to the bottom of these emails, such as " XXXX | XX/XX/XXXX, '' was provided for tracking purposes as part of the " Redress Plan '' outlined in the consent order. 

The first email, dated XX/XX/XXXX, served as confirmation of my status as a cardholder and contained pertinent information regarding my account. Similarly, the follow-up email, dated XX/XX/XXXX, reiterated my cardholder status and reminded me to follow up on claims that I had filed, which were mishandled by the bank during my tenure as a customer receiving benefits from the relevant state agency. 

Moreover, I have attached audio recordings for the review of the CFPB, wherein a Bank of America supervisor named " XXXX '' in the " Escalations Department '' explicitly stated that I am not eligible for compensation and disavowed any personal involvement in sending letters related to compensation. This statement directly contradicts Bank of America 's acknowledgment of me as an " affected consumer '' in the consent order, as outlined in section " MONETARY PROVISIONS VIII. Order to Pay Redress 95 ( a ), ( g ), 96 ( a ), ( b ). '' In light of the above evidence, I urge the Consumer Financial Protection Bureau to thoroughly investigate Bank of America 's actions and ensure that appropriate measures are taken to address the mishandling of claims and uphold consumer rights. 

Attached to this complaint are the relevant emails, audio recordings, and excerpts from the consent order for your review. 

Thank you for your attention to this matter.