Consumer complaint received 2026-01-08 00:00:00
Product: Checking or savings account — Checking account
Issue: Problem caused by your funds being low — Overdrafts and overdraft fees
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NC

Complaint narrative:
Dear Consumer Financial Protection Bureau, I am submitting this complaint regarding Bank of Americas handling of my account and its overdraft protection features, specifically concerning materially conflicting representations, inconsistent application of overdraft protection, and the resulting financial harm and undue stress caused by these actions. 

Prior to XXXX XXXX, six unauthorized transactions were debited from my Bank of America account, resulting in issues with my available balance. I promptly notified Bank of America of these transactions. The bank canceled my debit card and advised that a replacement card would be issued. However, Bank of America did not provide me with a digital debit card following the cancellation, nor did I receive the replacement card within the timeframe promised. This occurred during the Christmas holiday period, and I was also out of town over that weekend, which significantly limited my ability to access my funds and exacerbated the inconvenience and stress caused by the situation. 

During this period, I observed that my account entered a negative balance following a credit card payment I had submitted. I immediately contacted Bank of America and spoke with a live representative, who confirmed that overdraft protection was active on my account. I was informed that the bank would honor up to two overdraft transactions per day, subject to a {$10.00} per transaction, and that the credit card payment would be paid. The representative expressly assured me that the payment would be processed despite the overdraft. 

At all times, I was attempting only to utilize standard features that Bank of America offers and that were active on my account, including overdraft protection. I was not requesting any special treatment, exception, or accommodation outside of the normal terms of the account. I relied on the banks representations that these features were in place and would function as described to cover transactions during a temporary negative balance. 

Notwithstanding these representations, the credit card payment was subsequently returned. This caused substantial harm, including adverse consequences with a newly opened credit card account that I am using in an effort to rebuild my credit. At that time, my Bank of America account remained in a negative balance, in part due to holiday and weekend processing delays, with my direct deposit not scheduled to post until Monday, XX/XX/XXXX or XX/XX/XXXX. 

Despite overdraft protection being active, Bank of America failed to honor several payments I had initiated while the bank was closed for the holidays. Upon further contact with Bank of America, a different representative advised me that overdraft protection applies only to ACH transactions, checks, or recurring monthly payments. The transactions at issueincluding the returned credit card paymentwere ACH transactionsFurther demonstrating the inconsistency in the banks handling of my account, Bank of America did honor my XXXX XXXX XXXX XXXX payment, which was an ACH transaction submitted after the credit card payment, at a time when sufficient funds were still unavailable. This later-submitted ACH payment was processed, while the earlier credit card payment was returned, despite my having active direct deposit that would have covered all such payments once posted. 

I have now spoken with Bank of America XXXX approximately XXXX to XXXX times and have repeatedly raised these concerns. I have been provided with materially conflicting and contradictory explanations regarding overdraft protection. XXXX representative stated that overdraft protection applies only to ongoing XXXX transactions, while another representative advised me on XX/XX/XXXX that overdraft protection applies only to debit card and ATM transactions. These statements are mutually exclusive and directly contradictory. 

Additionally, I have been informed that payment decisions are handled exclusively by an automated system and not by bank personnel. However, the information provided on Bank XXXX XXXX website appears inconsistent with both the representations made by bank representatives and the actual handling of transactions on my account. As a result, I was not provided with clear, accurate, or consistent disclosures regarding how overdraft protection operatesThe banks conflicting representations, failure to provide timely access to funds following debit card cancellation, and inconsistent application of overdraft protectiondespite those features being active and relied uponhave caused significant confusion, undue stress, and financial harm, including negative impacts on my relationships with creditors to whom I was actively attempting to make timely payments. 

I respectfully request that the Consumer Financial Protection Bureau XXXX Bank XXXX XXXX practices in this matter, including its disclosures, representations, and handling of overdraft protection, and take any appropriate action. 

Thank you for your time and consideration. 

Sincerely, XXXX 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 monetary relief