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  • Report:  #447658

Complaint Review: Bank Of America - Charlotte North Carolina

Reported By:
- Summerville, South Carolina,
Submitted:
Updated:

Bank Of America
bankofamerica.com Charlotte, North Carolina, U.S.A.
Phone:
704-386-5687
Web:
N/A
Categories:
Tell us has your experience with this business or person been good? What's this?
This is a call to action for all of you who have experienced problems with Bank of America. We learned in the 60s that if we work together, there is no problem we cannot solve. I am fed up with Bank of America and I want to share with you how to report the problem you are having with BOA in a way that might make some differences. It will require you to do a lot of writing - but if we all do it together - the untold thousands of small voices that BOA is ignoring will turn into a roaring lion that will be heard.

My story is at the end of this report - but it is less important than the fact that thousands of us are taking a beating at the hands of a bully. Complaining to them - at any level - won't help. Bank of Ameria's employees are sitting back smugly refusing to explain the etiology of their behavior - believing that they are untouchable. They are bullies who greatly enjoy the fact that they can do what they want to do - and even if you can get an enforcement agency to look at their activities - it will be long after they have caused you to suffer. The face of the manager I dealt with in my local branch expressed exactly that fact.

They are taking our homes. They are seizing our funds. They are stealing our dignity. They are counting on our helplessness.

We are not helpless. It is time for us to stop letting the bully steal out milk money!!

They believe that the law technically allows them to do the things they do. They may believe there are no serious legal consequences for them when they charge huge fees and seize a person's money. The law has been known to disagree - they just lost a huge class action suit about overdraft fees...and they lost this suit because consumers stood up and said "NO MORE!!" Even if their practices prove to be technically legal - they are patently immoral/unethical.

You and I CAN do something about the continuing problems.

I intend to vote with my feet as soon as my funds are freed. I will take my business to a local credit union. You need to move your funds as quickly as you can, as well. Encourage everyone you know to do the same. Cut and paste this letter into an email and send it out to everyone you know!

Write every consumer protection entity available and notifying them that BOA's practices are unethical - if not illegal. Write the Federal Government so that they understand if a bank is to be assisted - Bank of America should not be one of them - and I am giving them a specific example of a 20+ year customer and how she is being treated. I am writing attorneys who have filed or are filing class action suits against BOA. The stories of simple people become quite important in court rooms.

If you do this with your complaint, as well - BOA is going to be forced to pay attention. There is strength in numbers!

Here is how we start. The more people you complain to - the more accountable BOA will be held.

Start with BOA themselves. They won't do anything - but they won't be able to say they didn't know you were upset by the current situation: Presidential Escalation lines (704) 386-5681 and (704)386-5687

You can file a complaint with the Federal Reserve: http://www.federalreserveconsumerhelp.gov/consumercomplaint.cfm

You can file a complaint with the Comptroller of the Currency:

https://appsec.helpwithmybank.gov/olcc_form/

You can file a complaint with the United States Senate Committee on Banking , Housing, and Urban Affairs: http://banking.senate.gov/public/index.cfm?FuseAction=Home.Home

You can write to the individual members of that Senate Committee:

Senator Christopher Dodd: http://dodd.senate.gov/index.php?q=node/3128

Senator Richard Shelby: http://shelby.senate.gov/public/index.cfm?FuseAction=ContactSenatorShelby.EmailSenatorShelby

Senator Tim Johnson: http://johnson.senate.gov/contact/

Senator Jack Reed:http://reed.senate.gov/contact/contact-share.cfm

Senator Charles E Schumer: http://schumer.senate.gov/new_website/contact.cfm

Senator Evan Bayh: http://bayh.senate.gov/services/constituent/form/

Senator Robert Mendez: http://menendez.senate.gov/contact/contact.cfm

Senator Daniel Akaka: http://akaka.senate.gov/public/index.cfm?FuseAction=Contact.Home

Senator Sherrod Brown:http://brown.senate.gov/contact/

Senator Jon Testor: http://tester.senate.gov/Contact/index.cfm

Senator Herb Kohl: http://kohl.senate.gov/contact.cfm

Senator Mark Warner:http://warner.senate.gov/public/index.cfm?p=Contact

Senator Jeff Merkley: http://merkley.senate.gov/contact/contact.cfm

Senator Michael Bennett: http://bennet.senate.gov/public/index.cfm?p=TransitionalSiteEmailSenatorBennet

Senator Robert Bennett: http://bennett.senate.gov/public/index.cfm?p=ContactForm

Senator Jim Bunning: http://bunning.senate.gov/public/index.cfm?FuseAction=Contact.ContactForm

Senator Mike Crapo: http://crapo.senate.gov/contact/email.cfm

Senator Mel Martinez: http://martinez.senate.gov/public/?p=EmailSenatorMartinez

Senator Bob Corker: http://corker.senate.gov/public/index.cfm?FuseAction=ContactInformation.ContactMe

Senator Jim DeMint: http://demint.senate.gov/public/index.cfm?FuseAction=Contact.Home

Senator David Vitter: http://vitter.senate.gov/public/index.cfm?FuseAction=Contact.ContactForm

Senator Mike Johanns: http://johanns.senate.gov/public/?p=EmailSenatorJohanns

Senator Kay Bailey Hutchison: http://hutchison.senate.gov/contact.cfm

Write President Obama - He is interested in stories about the ordinary American: http://www.whitehouse.gov/CONTACT/

You can contact attorneys who are filing Class Action Lawsuits. Your story may add to their strength:

http://www.hagens-berman.com/frontend?command=JoinClassAction&iLawsuitId=1935

http://www.bankofamericadiscrimination.com/

http://www.clossonsettlement.com/

Your state will have a consumer Protection Agency - you can find it here: http://www.consumeraction.gov/state.shtml

Some of what Bank of America does is blantantly illegal - you may be able to pursue legal protection and receive payment for the disruption BOA's policies and procedures have caused in your life. Generally - attorneys won't charge you upfront - but take their payment from the final award you will get. You can find an attorney who specializes in this kind of law by contacting your state bar association. You can find that here: http://www.abanet.org/barserv/stlobar.html

The bottom line is that until we stand together on this - Bank of America will continue to do whatever they can to charge us rip-off fees and control our financial lives. They will beg the Federal Government for special consideration and bailout and then turn around and stab those of us who pay taxes in the back. They are counting on the fact that "your situation is your fault" and doing all they can to make you feel ashamed of that so you won't take the actions to which you are legally entitled. We are all in financial pain right now - we do not need our bank making the pain more intense.

The good news is that we don't have to let them! As Margaret Mead said, "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."

My story:

Like they have done to many other people on here - Bank of America has put a five day hold on a deposit I made. I spent all day yesterday trying to get it removed - or at least be told why they did this. I contacted every level of BOA to find resolutions and was told they know the check is good - but they put the hold on because of my account. They refused to tell me what about my account caused them to put a hold.

So - why did they put this one on hold? While they seem to think they do not have to give me a reason - in doing research, I did find that the law allows them to put a hold on a deposit to a checking account if the account has had a negative balance for six banking days in the last six months - or if it would have had a negative balance had items been paid. That would fit in my situation - and that is what they will use as an excuse.

However,

- The deposit slip says the deposit would post 4/27/09. If they intended to hold deposits on my account - their system should have been programmed to reflect that when it printed the deposit slip

- I was not notified of any reason why that would not happen. In fact - when I talked to the myriad BOA employees yesterday - not one of them gave me any kind of reason - other than to tell me they were holding this check because the law allowed them to.

- I have been in this situation before and had deposits go right through. I don't make a regular practice of overdrafts - but they do happen.

So...why now? Bank of America decided to take this heavy handed approach on my account because a week earlier, I reported them to my state's Consumer Affairs division because of a problem I have been having for the last four months with my Credit Card. I got behind on my payment in December because of a series of family crises. At the end of January, I called BOA to find out what I needed to pay to bring the account current and was told $160. I paid that. Before I could make another payment, BOA cut off my access to the online statement for my account. then I got a letter in the mail from a collection agency telling me I had to pay $788 immediately - to some entity I had never heard of...which turned out to be BOA disguised. Then BOA started calling my home aggressively (many times a day) to get a payment. I told them I wanted to see a statement on the account. I was told "no" - that I was so delinquent they didn't have to give me one. I really didn't think I was more than 30 day delinquent - and without a statement - I couldn't tell. This scene reoccurred several times - I made payments over the phone but was denied a statement.

Finally - the woman who called me from BOA asked me if I wanted them to work with me to reduce my rates. Of course I said yes! She asked me a million questions about things that weren't really her business and then said "I think we can help - let me transfer you to that department." She then cold-dropped me on a Consumer Credit Agency.

Consumer Credit Agencies are - for the most part - as big a rip-off as the credit cards they work with. I worked with one years ago when I had a serious medical problem that made me lose months and months of work. They will not get you much of a reduction - if any - and they take a huge cut of your funds for themselves. the one I worked with held my funds for several months before starting to pay my creditor is - so I ended up in worse shape than I would have been in had I just continued to manage myself. Add to that the fact that it is reflected on your credit report for seven years that you used one - and that is as damaging to your credit score as a very serious delinquency.

I didn't ask BOA to connect me with a Consumer Credit Agency - they didn't tell me they were going to...they just tried to trick me into using one.

I reported them to my state's Consumer Protection Agency for this slick trick and for refusing to provide me a statement on my Credit Card account. They know both practices are wrong - and they are mad at me for reporting them - so they are now holding my deposit to punish me.

The fact is that the bank upon which that deposit was drawn probably paid BOA immediately. My funds are sitting in BOA drawing interest for BOA while they charge me overdraft fees on the bills I paid when I thought the deposit was good. Bank of America knows the check I deposited is good - but they know that cutting off my access to any funds I may have through the weekend will punish me - and hopefully silence me in the future.

Bad guess!!

I am now into the fourth day of BOA holding my funds. They have charged me over $200 in "Overdraft" and "Returned Item" fees while thousands of dollars sit in my account. Now they are reversing payments that I was charged an "Overdraft fee" for and charging an additional "returned item" fee.

The Shareholders have ousted the President Kenneth Lewis as of yesterday - now, as consumers - we need to take our business away from BOA in mass so that the staff that has carried out these tactics and injured us unfairly all lose their jobs. To make that happen - start calling and writing and ask everyone you know who is a BOA customer to do the same!!

Brenda

Summerville, South Carolina

U.S.A.

Click here to read other Rip Off Reports on Bank of America


12 Updates & Rebuttals

Karl

Highlands Ranch,
Colorado,
U.S.A.
HEY JEANSKI, .......

#2Consumer Comment

Tue, May 05, 2009

Left and right, Avoid all Cuts and parries. Seize your opponents' minds And scatter them all! - Morihei Ueshiba Even the most powerful human being has a limited sphere of strength. Draw him outside of that sphere and into your own, and his strength will dissipate. - Morihei Ueshiba When you bow deeply to the universe, it bows back; when you call out the name of God, it echoes inside you. - Morihei Ueshiba


Jeanski

Hamburg,
New York,
U.S.A.
Karl

#3Consumer Comment

Fri, May 01, 2009

You've sunk to a new low. Please tell me - IN WHAT UNIVERSE is an erection related to how BOA is screwing us? Oh wait, now I see.... You've decided on a little "play on words" and used "erection" to capture everyone's attention. Why don't you grow up and peddle your paranoia elsewhere? I hear Rita needs someone on her side. Perhaps you can write a poem about doctors with mental health issues...? Again, since you have nothing valuable to add to the OPs concerns, why not try and control your impulse to spew idiotic poems?


Karl

Highlands Ranch,
Colorado,
U.S.A.
ERECTION POEM

#4Consumer Comment

Fri, May 01, 2009

ERECTION POEM The erection is over I hope everyone voted Politicians and lawyers Almost all of them bloated. Another erection is coming Time to raise some more money Buy a dress for your wife And a fur for your honey! The erection is over Businessmen are still lying People losing their jobs Many of them are crying. Another worthless erection Honeymoon in Niagra This one lasted 4 hours Blame it all on viagra! ERECTION POEM is over Time for me to go fishin' I'll keep writng these poems For every new politician. End. Go to www.9news.com and type in- NEW WARRANT SERVED IN CONNECTION TO PROSTITUTION RING, and read about the 'prominent clients' who were frequenting the PROSTITUTION HOUSE which was 'busted' by the feds. I believe that some of them were- QUOTE: 'judges, lawyers, businessmen, athletes, and politicians.' While you're at the 9NEWS site, type in- SEX DRUGS & OIL INVESTIGATED AT A DENVER FEDERAL OFFICE, and read that one too! Then 'Google' this- AMERICA: FREEDOM TO FASCISM, and watch that documentary on the web. Thank you. I'm Karl, and I approve this Update! More poems coming. POWER TO THE PEOPLE


Karl

Highlands Ranch,
Colorado,
U.S.A.
ERECTION POEM

#5Consumer Comment

Fri, May 01, 2009

ERECTION POEM The erection is over I hope everyone voted Politicians and lawyers Almost all of them bloated. Another erection is coming Time to raise some more money Buy a dress for your wife And a fur for your honey! The erection is over Businessmen are still lying People losing their jobs Many of them are crying. Another worthless erection Honeymoon in Niagra This one lasted 4 hours Blame it all on viagra! ERECTION POEM is over Time for me to go fishin' I'll keep writng these poems For every new politician. End. Go to www.9news.com and type in- NEW WARRANT SERVED IN CONNECTION TO PROSTITUTION RING, and read about the 'prominent clients' who were frequenting the PROSTITUTION HOUSE which was 'busted' by the feds. I believe that some of them were- QUOTE: 'judges, lawyers, businessmen, athletes, and politicians.' While you're at the 9NEWS site, type in- SEX DRUGS & OIL INVESTIGATED AT A DENVER FEDERAL OFFICE, and read that one too! Then 'Google' this- AMERICA: FREEDOM TO FASCISM, and watch that documentary on the web. Thank you. I'm Karl, and I approve this Update! More poems coming. POWER TO THE PEOPLE


Jeanski

Hamburg,
New York,
U.S.A.
Credit Unions

#6Consumer Suggestion

Fri, May 01, 2009

Credit Unions aren't always the answer either. When I sold my house in NC I deposited the settlement check in my account at the CU. Two days later I went to the bank on which the check was drawn, got proof that it cleared and was paid into the CU account, then took the proof back the CU manager and asked her to release the funds. She tried to refuse, but I put up a stink and offered to spread the word among my considerable number of friends that I was being screwed over. That worked, but I hated to do it. We shouldn't have to beg to get our own money! American Express does the same thing. I have an AMEX that pays me 1% back into a savings account with 2.5% interest. Every month I transfer money from my CU account to my AMEX savings account. It takes 6 business days for those funds to become available, even though I can see online that my money was withdrawn from the CU within 24 hours. So where was my money the other 5 days? Earning interest for AMEX of course! As soon as I pay off my credit cards I'm going back to an all-cash system. This is ridiculous. I don't mind paying a fair rate for the privilege of using a credit card, but I refuse to let them continue this type of abuse. And to Karl.... I went to the website you mentioned. I found a link to another story about credit card companies which essentially outlines when this OP has posted. Feel free not to write any more poems about me.


Edgeman

Chico,
California,
U.S.A.
Did you even look at that list of politicians?

#7Consumer Comment

Fri, May 01, 2009

Do you have any idea how many politicians on that list have already been bought and paid for by financial institutions? Isn't it ironic that you topped the list with Chris Dodd?


Purplenights

Phoenix,
Arizona,
U.S.A.
HOLDING FUNDS IS JUST ANOTHER WAY THE BANKS ARE MAKING MONEY ON YOU!

#8Consumer Comment

Fri, May 01, 2009

This is totally unethical, maybe not illegal, but unethical. If you deposit a check into your account, and then they suddenly "hold" the check, when they have not done so in the past, needs to be referenced with a reason. The idea that they do not have to give you a reason for the hold, except to say they can, is unacceptable. If the banks are going to "hold" deposits, then they need to apply that standard to all account holders for all deposits. The banks's ability to "pick and choose", at random, which items they will place on hold is also unacceptable. You are very smart for opening up an account with a credit union. You will find that you are treated in a completely different way than the way you are treated at the "big" banks. And just so you know, Jim is wrong about credit unions "holding" deposits. Most do not adhere to this practice. I won't say all, because I don't know about all of them, but the ones I am familiar with do not. When I opened up my account at the credit union, I wrote a personal check on an account from another bank to make my initial deposit, which was over $1,500.00. The money I deposited was available to me immediately, because that was a question that I asked when I made the deposit, if the check would be "held". The credit union officer said that they do not hold checks when deposited, unless the check in some way appears to be fraudulent or counterfit, and if thet is the case, they do not even deposit the item, but instead try to determine, as quickly as possible, if the item is a valid document. Their overdraft fees are much less, too, and they do not try to find ways to nickle-and-dime the depositor. At a credit union, you are more than just a customer of the credit union, you are an investor member of the credit union and a part owner with full voting rights. If everyone who complains about the big banks would move all their financial accounts over to a credit union as a part of their complaint, the banks, loosing more and more customers just might sit up and take notice.


Karl

Highlands Ranch,
Colorado,
U.S.A.
JEANSKI POEM

#9Consumer Comment

Thu, April 30, 2009

JEANSKI POEM There once was a person JEANSKI was her name Providing us with laws Was the name of her game. She gave us laws about deposits She gave us laws about our check She must think I'm the 'Riddler' Always a pain in her neck? JEANSKI POEM is over Clouds rolled in- it got shady I'll bet that JEANSKI is simply- ONE VERY SPECIAL LADY! End. Jeanski, Thank you for all the information. I'd like to bake you a loaf of banana bread, and meet you someday. I'm wondering what you look like. I don't want you to think that I'm getting- 'In Your Face', okay? Hey Jeanski, go to Businessweek.com and click on- 'In Your Face' at their Home Page. Then go to the archives, and scroll back to March 10th 2008. Guess what? I'm- 'IN YOUR FACE'.


Robert

Buffalo,
New York,
U.S.A.
Karl-you're one to write about "knowing" the law.

#10Consumer Comment

Thu, April 30, 2009

You of all folks are a tool. Remember your silly "there is no law" that requires folks to pay income tax? Remember that knucklehead? Several rebuttals (one from me) put you in your place with exact CITES OF LAW from the United States Code. BEFORE you go preaching about anyone else knowing the law, you should stop reading (and believing) the tripe you find on various internet sites and READ THE LAW for yourself. Take your own advice before you preach to others about knowing anything. Also, go ask your "rich" sister to front you some tuition money so you can return to school. I suggest you start with a basic reading comprehension course, perhaps EN-110.


Jeanski

Hamburg,
New York,
U.S.A.
Expedited funds

#11Consumer Suggestion

Thu, April 30, 2009

Here's what the law actually says about how long a bank can hold a deposit: (from MSMoney) What's in Your Deposit? You should be able to write checks on cash that's deposited to your account no later than the next business day (note: if you don't make the deposit in person, the bank can wait until the morning of the second business day following the deposit to make the funds available to you). Electronic payments, like paychecks that get automatically deposited to your account, have to be available to you on the next business day after deposit. Other types of deposits that have next-day availability include: Checks drawn on the U.S. Treasury and deposited into an account held by the payee. U.S. Postal Service money orders (deposited in person and into an account held by the payee of the money order). Federal Reserve Bank and Federal Home Loan Bank checks (same stipulations as the U.S. Postal Service checks). State or local government checks (deposited in person and in the same state where the check was issued). Cashier's, certified, or teller's check (deposited in person and into an account held by the payee of the money order). Checks drawn on and deposited into the same or another branch of a bank as long as it's in the same check-processing region as the deposit. If you have a deposit that doesn't fall into these categories (and most deposits don't), banks have to make the first $100 of the total deposit amount available to you on the next business day. What's the Origin of Your Deposit? Banks used to claim that out-of-state checks took a long time to clear, so they'd put excessive holds on them. In 1990, Regulation CC recognized that advanced check processing systems made holds based on geography increasingly unnecessary. Today, a check can only be categorized as "local" or "non-local" with clear processing times for each. Local: A local check is one that is drawn on a bank within the same check-processing region. There can be several regions in one state, and one region can comprise more than one state. State lines are largely irrelevant in determining a check-processing region. A bank cannot hold local checks for more than a day--the funds must be available to you by the morning of the second business day after the day of deposit. Non-Local: Non-local checks are drawn on banks outside the check-processing region where the deposit is being made. These funds must be available to you by the morning of the fifth business day after the day of deposit. Beware--deposits of cash or checks made at ATMs not located at the bank with which they're affiliated can be held as long as non-local checks. Caution to new account holders: banks can impose many inconvenient holds on accounts that are less than 30 days old, so if you move to a new town, keep your old account open for at least 30 days (while your new one "ages") so that you're guaranteed to have access to your money. How Much Can You Have? The entire amount of a check is not always what's held. A bank is free to tier the availability of your deposited funds. Most of your deposits will not fall into the categories listed above in the next-day availability section because they are probably checks written to you by private individuals or companies. For these types of checks, two basic rules apply. These below are just a sample. You need to check with your bank to find out the rules they are currently following since banking legislation often changes. Banks have to make the first $100 of these "private" checks available to you on the next business day after deposit. So if you deposit a $500 local check on Tuesday, the bank has to make at least $100 available to you by Wednesday morning. It can release the remaining $400 to you on Thursday--the second business day after deposit since it is a local check and can be held until the second business day (see above). For deposits over $5,000, the bank must comply with the $100 next day availability rule, but then it gets a little more complicated. The next $4900 has to be made available according to whichever local or non-local rules it is subject. Then, the amount of the deposit exceeding $5,000 can be held for as long as 11 days after your initial deposit (10 days if it's a local check). Quirky Bank Definitions A bank counts days based on how it defines its business hours. Banks can establish their own cut-off times, which means that a deposit you make at 2:30 p.m. at one bank might be considered made on that day, but that same deposit at another bank might be added to the next day's activity. Read the signs that are required to be posted at ATM machines and bank lobbies--they will tell you the bank's cut-off times for deposits and give you some idea of when your deposit will be available. Final Note As with most government regulations, there are more exceptions than rules, so be sure to do your own research if you suspect your bank is not following the law. Regulation CC is available to you at the Federal Reserve Bank's Web site. If you'd like more information about how checks get processed, visit the Federal Reserve Bank of Atlanta's page. And to Brenda.... Just ignore Karl. He rants on everyone's ROR...


Karl

Highlands Ranch,
Colorado,
U.S.A.
Jim is right about following the law. So everyone in the USA should know the law regarding.....

#12Consumer Comment

Thu, April 30, 2009

what banks can, & cannot do, & what the government can, & cannot do. There's a wonderful documentary by Aaron Russo which everyone can watch on the web. It can be 'Googled'. Simply 'Google' this- AMERICA: FREEDOM TO FASCISM, and watch it today, & spread the word! Thank you. POWER TO THE PEOPLE


Jim

Anaheim,
California,
U.S.A.
5 day hold not Unusual

#13Consumer Comment

Thu, April 30, 2009

Brenda, this is standard operating procedure for most deposits - they can be held for as long as 15 days, depending on the size of the deposit and even the situation involved. In the case of a 5 day hold, this is standard by law - so the bank is merely following the laws established by all of the entities and individuals you're citing people should call. There is nothing in your report that indicates the bank did anything wrong. What happened to you would happen at a CU as well - they hold deposits as well. The difference is that the OD fees are slightly less - but then you get less service at a CU - which is something I found out the hard way....

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