I don't think any reasonable person has a problem with a bank, or any publicly or privately owned business to operate in a manor which can turn a profit. However, the reason this site is here, is to report ripoffs ..or as is stated on the homepage about this site...
" Ripoff Report® is a worldwide consumer reporting Web site and publication, by consumers, for consumers, to file and document complaints about companies or individuals. Ripoff Report is a service to the world's consumers. The Ripoff Report enables YOU the consumer to be armed with the opinions and comments of your fellow consumers. This report will help you exercise your first amendment right to freedom of speech. By using our forum, you will have an opportunity to speak out against companies, businesses, governments, and individuals that have treated you unfairly. The bad Business Bureau's ... Ripoff Report will help you do that! Once your report is posted, millions of fellow consumers worldwide will have access to your information."So what this consumer has done..such as thousands of others regarding this and several other banks...is simply lodge a complaint so others can be aware, and to possibly seek some recourse or justice.
A bank or any business or person that has a report filed against them here, has EVERY right and opportunity to rebut and/or respond, but to wit..I have yet to see any representative from this or any other bank's consumer relations dept respond..so that shows us how much they care.
I hope you do not think I am trying to excuse customers from keeping an accurate account of their funds, as keeping accuracy to the penny is a great defense against overdraft fees. But this does not give the bank the right to use tricks and tactics against loyal honest consumers just to appease the stockholders, nor will that defense work in a court of law.
If a consumer feels they were charged too much for a product or SERVICE (in this case being charged $175 for a $16.00 mistake, or the bank approving a $1.30 purchase and charging a $35.00 fee with no warning this transaction can and will place the account in overdraft)....many feel this is a ripoff. I have never seen any consumer complain here about an overdraft fee per say if it was done with intent, although many feel $35.00 is a tad steep.
There are plenty of consumers here that use a register and have still been VICTIM to the banks tactics and were charged excessively..not fairly mind you, but excessively. And this report in actuality is not about how to prevent overdraft fees..as the customer is well aware of how it happened. This complaint is about the way the bank handled a simple human mistake of a loyal customer for 9 years, and instead or understanding or working with them during an economic crisis...charge excessive fees and displayed no real customer service or loyalty on their part.
If the banks were so "innocent" in all this..perhaps they would not be facing all these class action lawsuits..and pressure from congress, and negative media attention..and millions of complaints. Fortunately things are being done to better protect the consumer..and none of the proposed changes are unfair to the bank or the stockholders.
Bear in mind, that many of these banks were miserably FAILING because of their mistakes, poor business decisions, the Government and were bailed out by the U.S. taxpayers. Also bear in mind that these types of fees from the policies and tactics have become a major "profit center" for these financial institutions..to the tune of approx. 40 BILLION dollars in 09 alone.
If these banks can not turn a profit utilizing an ethical business plan..or "resort" to fair lending which is what a bank is supposed to be for (well that and to "protect" our money we deposit with them), then I say let nature take it's course and let them fail. The banks with good policies which are fair to everyone will survive..the others will continue to be sued, lose customers due to these tactics..and eventually either change, or go away.
Now the policy changes will prevent many overdraft fees from occurring in the first place. However, if less fees are taken in by the bank for any reason, such as if every customer was perfect and never ever spent more then they had such as you suggest, the banks will have to make up for it somewhere else. And that will be apparent soon enough and unfortunately will effect ALL customers.
It seems BofA has decided on their own (imagine that) to change some of their policies..such as no longer forcing every single checking account customer to enroll in mandatory courtesy overdraft protection..as well as allowing small overdrafts to be forgiven, and limiting the number of fees it can charge per day to a more reasonable number. It's a start, a day late and a few billion $$$ short, but a start.
I don't think any logical intelligent person would have trouble understanding why BofA has decided to make some changes even before the lawsuits are concluded, and future legislation goes into effect..but I think this bank made a wise decision. Hopefully customers of this bank will understand what opting out of OD protection means..and if they are using their debit card for lots of small purchases in lieu of cash, that this can save them a potential bundle in fees if they make an error in their accounting, or any theft, fraud, unauthorized merchant holds..or any reason known to man which can overdraft the account.