Consumer complaint received 2025-08-21 00:00:00
Product: Checking or savings account — Checking account
Issue: Problem caused by your funds being low — Non-sufficient funds and associated fees
Company: U.S. BANCORP
State: IL

Complaint narrative:
This is not a customer service matter. It is a matter of federal fiduciary breach, dishonor of lawful tender, and suppression of contractual rights by U.S. Bank National Association. 

U.S. Bank has repeatedly imposed non-sufficient funds and related fees in bad faith, in violation of 12 C.F.R. 7.4002 ( fees must be reasonable, not excessive, and not unfair or deceptive ) and has dishonored lawful tender and account instructions contrary to UCC Articles 3 and 4A. Further, the bank has disregarded a notarized Durable Power of Attorney, constituting fiduciary breach under 12 C.F.R. Part 9 and the National Bank Act ( 12 U.S.C. 1 et seq. ).

These practices amount to unfair, deceptive, or abusive acts or practices ( UDAAP ) under the Consumer Financial Protection Act, 12 U.S.C. 5531, and implicate due process rights enforceable under 42 U.S.C. 1983.

I request that this complaint be reviewed by a human regulator, not by artificial intelligence or automated processing, as prior OCC closures within 24 hours have demonstrated systematic avoidance of substantive review. This matter requires full human examination, documentation, and regulatory accountability.

Failure by OCC or CFPB to meaningfully review or correct this complaint will constitute constructive denial of remedy under the Administrative Procedure Act, 5 U.S.C. 706, and will be preserved for judicial review.

U.S. Bank has engaged in unlawful, deceptive, and abusive acts and practices ( UDAAP ) in violation of the Consumer Financial Protection Act, 12 U.S.C. 5531, 5536, as well as the Electronic Fund Transfer Act ( 15 U.S.C. 1693 et seq. ) and Regulation E ( 12 C.F.R. Part 1005 ). Specifically : Improper NSF/Overdraft Handling U.S. Bank assessed non-
sufficient funds ( NSF ) and related fees in a manner inconsistent with the account agreement, federal disclosure requirements, and 12 C.F.R. 1005.17 ( Overdraft Services ).

The Bank failed to provide clear and accurate disclosures and repeatedly re-processed transactions in a way that artificially multiplied fees.

Failure to Honor Power of Attorney and Lawful Instructions U.S. Bank has refused to recognize a valid, notarized Durable Power of Attorney on file, constituting a violation of fiduciary duty and consumer rights under EFTA and common law agency principles. This denial obstructed my ability as Authorized Age
nt to protect the account holders estate and funds.

Constructive Denial of Information Despite multiple requests, the Bank failed to provide full and accurate records of account postings, fee assessments, and internal decision memos. This violates the Truth in Savings Act ( 12 U.S.C. 4301 et seq. ; 12 C.F.R. Part 1030 ), which requires accurate disclosure of fees and terms, and further obstructs my ability to contest improper charges.

Unfair Commercial Injury The Banks conduct caused repeated wrongful fees, withheld funds, and reputational/financial harm to the estate. This is unfair under 12 U.S.C. 5531 ( c ) because it caused substantial injury that is not reasonably avoidable and serves no legitimate benefit to consumers.

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 explanation