Consumer complaint received 2025-03-23 00:00:00
Product: Prepaid card — Government benefit card
Issue: Problem getting a card or closing an account — Trouble getting, activating, or registering a card
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA

Complaint narrative:
To Whom It May Concern, I am writing in response to Bank of Americas assertion that it has zero liability regarding the mishandling of my California XXXX account. Your position is factually and legally incorrect, as federal and state laws impose obligations on financial institutions handling electronic benefits disbursement. 

Legal Basis for Bank of Americas Liability 1. Violation of the Electronic Fund Transfer Act ( EFTA ) and Regulation E Under the EFTA ( 15 U.S. Code 1693 ) and Regulation E ( 12 CFR Part 1005 ), Bank of America is required to : Investigate and resolve disputes regarding unauthorized transactions.

Provide provisional credits if an investigation takes more than ten days.

Ensure access to consumer funds and protect against fraudulent account activity.

By failing to comply with these obligations, Bank of America may be in violation of federal law and subject to enforcement actions.

2. Failure to Meet Obligations Under the California Consumer Financial Protection Law ( CCFPL ) As a financial institution operating in California, Bank of America is subject to Californias Consumer Financial Protection Law ( CCFPL ) ( California Financial Code 90000 et seq. ), which prohibits : Unfair, deceptive, or abusive practices that harm consumers.

Negligent handling of financial services, including government benefit accounts. 


XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX  XXXX ( XXXX ) has already taken enforcement action against Bank of America for similar issues with XXXX accounts. Your continued failure to rectify these problems may expose you to additional regulatory scrutiny. 

3. Americans with Disabilities Act ( ADA ) Violations ( If Applicable ) As I am legally XXXX XXXX XXXXXXXX, I have encountered barriers in communicating with your representatives regarding this matter. If Bank of America failed to provide adequate accommodations, such as accessible dispute resolution methods, it may be in violation of the ADA ( 42 U.S. Code 12101 et seq. ).

My Demand Given the clear legal basis for Bank of Americas responsibility, I demand that you : 1. Acknowledge your legal obligation in handling EDD accounts.

2. Provide full compensation for my financial losses, including any missing funds, late fees, and damage to my credit.

3. Confirm in writing your plan to resolve this issue within 14 days of receipt of this letter.

Failure to comply will leave me no choice but to escalate this matter further, including : Filing additional complaints with the CFPB, DFPI, and OCC.

Pursuing small claims court action against Bank of America. 

Exploring class-action lawsuits related to XXXX account mishandling. 


I expect a written response within 14 days. If I do not receive a satisfactory resolution, I will take further legal action. 

Sincerely, XXXX XXXX XXXX

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