Consumer complaint received 2015-12-28
Product: Bank account or service — Checking account
Issue: Problems caused by my funds being low — 
Company: BANK OF AMERICA, NATIONAL ASSOCIATION (MA)

To Whom It May Concern : Please be advised that the filing of this complaint with the Consumer Financial Protection Bureau ( " CFPB '' ) follows a summary complaint filed with the Office of the Comptroller of the Currencies ( " O.C.C. " ), without supporting documents, and is intended to notify Bank of America ( " BofA '' ) of my intentions to pursue litigation for unfair and deceptive banking practices as it relates to recording bank transactions ( i.e. backdating banking activity ) in an effort to charge additional overdraft bank fees. I 've incurred these overdraft charges as a result of either a broad and systemic bank issue or the bank has intentionally levied fees against me in the wake of a successful consumer lawsuit against the bank. The lawsuit involved a consumer credit reporting dispute against Bank of America involving the Fair Credit Reporting Act ( " FCRA '' ) to which the bank was found negligent back in XXXX XXXX in the XXXX District Court of Massachusetts. 
The following provides a summary explanation of banking activity involving a primary checking account and XXXX bill payments processed through the primary checking account that evidently occurred between XXXX XXXX and XXXX XXXX of XXXX. Bank notifications supplied by Bank of America call into question the sequence of the XXXX bill payments as well as the accuracy of the primary checking account 's balance on XXXX XXXX, XXXX which the bank controlled and therefore relied upon to charge the overdraft fees. The sequence of these XXXX bill payments and the resulting overdraft fees is neither consistent nor supported by customer notifications initiated by the bank to indicate recent bank activity and the primary checking account 's balance ( s ). 
The primary checking account that my wife and I hold with Bank of America had a beginning balance of {$41.00} prior to XXXX bill payment transactions that Bank of America has reported as occurring on XXXX XXXX, XXXX. [ See Exhibit XXXX ] A payment to my wife 's XXXX XXXX account was scheduled to transact on XXXX XXXX, XXXX for {$30.00} through the bank 's online payment web portal. On XXXX XXXX, XXXX, I received an email notification from Bank of America indicating that our primary checking account balance fell below the {$25.00} pre-determined amount that was set by the customer to notify of low balances. [ See Exhibit XXXX XXXX The email notification indicates that the primary checking account balance of {$41.00} had decreased to {$11.00} as expected following the {$30.00} XXXX XXXX payment. 
On the following day XXXX XXXX XXXX, XXXX XXXX, I received another email notification the primary checking account had become overdrawn. As the bank explains, the overdrawn balance was the result the {$30.00} XXXX XXXX bill payment as well as a bill payment for {$180.00} to XXXX. [ See Exhibit XXXX ] Based on the documentation and statements provided by Bank of America, I contacted their customer support center on the evening of XXXX XXXX, XXXX to dispute the overdraft charge on the XXXX XXXX payment and to request a refund of that overdraft fee. [ See Exhibit XXXX ] The explanation by the bank representative as well as the notifications and statements do not support the processing of the {$180.00} XXXX payment first. First, Exhibit XXXX clearly indicates that a {$30.00} transaction occurred to change the primary checking account balance from a beginning balance of {$41.00}, to {$11.00}. [ See Exhibit XXXX ] Secondly Exhibit XXXX clearly indicates the {$30.00} XXXX XXXX payment first in sequence as evidenced by the transaction number ( s ) indicated in the bank 's document. Finally, Exhibit XXXX shows the same sequencing of payments with the {$30.00} XXXX XXXX payment first in order. [ See Exhibit XXXX ] Please see the attached document for a full and complete narrative of the issue along with supporting statements and documentation. 
Thank you. 
Sincerely, XXXX XXXX XXXX XXXXXXXXXXXX XXXX XXXX XXXX XXXX