Consumer complaint received 2025-03-04 00:00:00
Product: Checking or savings account — Checking account
Issue: Managing an account — Funds not handled or disbursed as instructed
Company: BMO BANK NATIONAL ASSOCIATION
State: AZ

Complaint narrative:
I am writing to formally file a complaint against BMO Bank for their unlawful actions concerning my account, including unjustly freezing my funds, closing my account without notice or access to funds, the disappearance of my {$25000.00} settlement payment, unauthorized transfer reversals, and violations of my financial privacy rights. These actions have caused significant financial hardship and emotional distress, and I believe BMO is in breach of their terms of service, banking regulations, and consumer protection laws. 

Background : On XX/XX/XXXX, I opened a new account with BMO Bank and enrolled in XXXX on the same day. Shortly thereafter, I received a {$25000.00} settlement from XXXX XXXX via three XXXX transactions totaling {$25000.00} ( i.e., {$3000.00}, {$10000.00}, and {$12000.00} ). The first two deposits were made available instantly, and the third deposit cleared on XX/XX/XXXX. 

However, on XX/XX/XXXX, I attempted to withdraw funds, but BMO placed my account into a credits-only status, which effectively prevented me from accessing the deposited funds. I was informed that the restriction was placed without any explanation or notice, and I was not able to access my balance. 

Unjustified Freezing of Funds & Account Closure : From XX/XX/XXXX, to XX/XX/XXXX, the bank held my funds without any legitimate justification or notice, effectively freezing my account balance. During this time, I was unable to access my own money. 
Despite multiple requests for clarification, I was denied access to my funds, and I was told I could not withdraw the balance or receive a cashiers check for the amount as per the banks user agreement. 
On XX/XX/XXXX, my account was closed by BMO, and I was informed that I would not be able to access the {$25000.00}. However, the bank refused to explain the whereabouts of the funds after the account was closed. 

Failure to Provide Proper Notices and Account Restrictions : BMO never provided written notice or an explanation regarding the credits-only status that was applied to my account. This action violated Regulation E ( 12 CFR 1005.11 ), which mandates that banks provide timely notification of any restrictions placed on an account. 
The bank also failed to explain or justify the actions taken on my account, including the reasoning behind the restriction and why the account was placed in this state without my consent or understanding. 
The banker who initiated the credits-only status, [ XXXX XXXX ], continued to be personally involved throughout the entire duration of my account, including the closure of my account. This ongoing involvement raises serious concerns about the confidentiality of my financial information and potential violations of my rights to financial privacy, as outlined in the Gramm-Leach-Bliley Act. 

Unauthorized Transfer Reversals : On XX/XX/XXXX, I initiated an internal transfer of {$25000.00} to fund my new BMO Smart Advantage Checking and Savings accounts ( split as {$3000.00} and {$22000.00} ). Despite receiving email confirmations, these funds were never credited to my new account. No explanation was provided by BMO for this failure to process the internal transfer. 
On XX/XX/XXXX, I initiated an external ACH transfer of {$25000.00} to my verified account at XXXX XXXX. After XXXX XXXX  successfully credited the funds, BMO reversed the transfer on XX/XX/XXXX, citing Code 16 Frozen Account/OFAC Instructions, despite there being no OFAC restrictions or fraud concerns associated with my account. 
The unauthorized reversal of these transfers represents a clear violation of Regulation E, which mandates that banks complete authorized transfers in a timely manner and only reverse transactions with valid cause, none of which was provided in this case. 

Failure to Follow Terms of Service and Issues with Settlement Funds : On XX/XX/XXXX, I received three XXXX transfers from XXXX XXXX totaling {$25000.00} as part of a legally binding bodily injury settlement. Despite providing all required documentation proving my status as the legal payee, BMO falsely claimed that the funds were payable to XXXX XXXX and has withheld these funds without providing any written justification. 
Per BMOs Terms of Service, the bank is required to issue a cashiers check for the balance of my closed account, but instead, they refused to provide me with the funds and failed to comply with this provision. 
I was then instructed by BMO to have XXXX XXXX file a claim with XXXX  XXXX XXXX to reissue the settlement funds, despite XXXX already having transferred the funds to my account. 

Current Situation : As of today, my account balance shows {$0.00} instead of the {$25000.00} I had deposited. BMO has failed to provide any details about the whereabouts of the {$25000.00}, nor have they allowed me to file a claim for the missing funds. 
I have been told by BMO representatives that the funds have disappeared, and they are unable to explain where the money went. 
BMO has violated my rights by withholding the funds, failing to issue a cashiers check, and refusing to provide me with any written documentation about the closure of my account and the disposition of my funds. 

Request for Immediate Action : I respectfully request the following : 1. Immediate restoration of the {$25000.00} or a detailed written explanation regarding where the funds went after my account was closed. 
2. A full investigation into BMOs handling of my account and their failure to comply with banking regulations and their own terms of service.

3. Compensation for the financial hardship, emotional distress, and legal fees incurred as a result of BMOs actions.

4. Written confirmation from BMO regarding their actions and their commitment to following banking regulations in the future.

5. A detailed response regarding the unauthorized reversal of my transfers, including the reasoning behind the Code 16 reversal and the failure to process both my internal and external transfers. 

Please treat this matter with the utmost urgency. Should BMO fail to provide an adequate resolution, I will seek additional legal action to recover the missing funds and hold the bank accountable for the unlawful actions they have taken. 

Thank you for your attention to this matter. I look forward to your prompt response.

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