• Report: #354734

Complaint Review: Bank Of America

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  • Submitted: Wed, July 23, 2008
  • Updated: Thu, July 24, 2008

  • Reported By:Austin Texas
Bank Of America
.bankofamerica.com Nationwide U.S.A.
  • Phone: 800-4321000
  • Web:
  • Category: Banks

Bank Of America CHECK HOLDS CAUSING OVERDRAFT FEES San Marcos TEXAS

*UPDATE Employee: Regulation CC

*UPDATE Employee: Regulation CC

*UPDATE Employee: Regulation CC

*UPDATE Employee: Regulation CC

*Consumer Comment: Extended Holds

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On 7/16/08 I made a check deposit of $1200, this was not a personal check but a check from a large bank institute. On 7/22/08 I recieved a email alert stating that I was getting hit with 5 overdraft fee's at $35 each. I called the 800 customer service number on the same day 07/22. I spoke to a guy and he said that there was money avaliable and that there shouldnt be any overdraft fees and he said he would get them removed.

However today I checked my account and it is still showing the 5 overdraft fee's so I called the BOA customer service number again and spoke to a different lady who said that I am getting those fee's becuase there was a hold placed on the check I deposited 07/16/2008 for $1200. And that even though I deposited the money on 07/16/2008 BOA decided to put a hold on the check which they say didnt get released until 07/22/08. And that the overdraft fee's were from transaction that took place on 07/21/08.

The problem is that I deposited the check on 7/16 and Bank of America convenietly waited until 07/22 to release the hold one day after I made a transaction so they could hit me with the overdraft fee's. I have never had a check placed on hold for more then one day or so, but for some reason BOA decided to put a hold on this check for 7 days. I feel like I have been misinformed and greatly taken advantaged of. I also believe that this hold was put on intentionally so they could charge me these fees.

I do understand charging someone overdraft fees for not having enough money in their account but in my case I did have the money in my account, however BOA for the first time ever decided to put a hold on the check for 7 dyas.

Rf1069
Austin, Texas
U.S.A.

This report was posted on Ripoff Report on 07/23/2008 12:19 PM and is a permanent record located here: http://www.ripoffreport.com/r/Bank-Of-America/nationwide/Bank-Of-America-CHECK-HOLDS-CAUSING-OVERDRAFT-FEES-San-Marcos-TEXAS-354734. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 5Consumer 0Employee/Owner
Updates & Rebuttals

#1 UPDATE Employee

Regulation CC

AUTHOR: Ontheinside - (U.S.A.)

It is most likely that the bank did act within reason and by regulation by placing this hold. Any check has the potential to be placed on hold for up to eleven (11) business days unless it is the type of item that allows "next day availability" such as USPS money orders and checks written off the Federal Reserve Bank. Although, even these types of items are not garaunteed under certain circumstances.

You may want to look into Federal Regulation CC at the following link: http://www.bankersonline.com/regs/229/229.html.

Its a bit wordy with legal terms and clauses, but will give you a good idea of government regulated policy when it comes to check and cash deposits. Basically, a bank needs to inform you of a hold when the check is deposited (usually on your deposit receipt) or that a hold may be applied (usually by a sign or other notice) at the time you make the deposit. There are some exceptions to this rule, such as ATM deposits, where you are informed by mail (usually 2-3 business days after the deposit is made) or in fraud cases. In a case where the bank is in violation of Regulation CC you ARE entitled to have any fees, finance charges (overdraft protection), etc. refunded to you account, just be sure that your in the right before you give a customer service representaive a headache- remember they are people too :)

Another helpful link found right on Bank of America's website:
http://feesandprocesses.bankofamerica.com/index.aspx?bhcp=1#/holds/holdsvideo/

You can also refer to your Personal Schedule of Fees/Depositor Agreement/Account Disclosure for this information. Those can be ordered over the phone, at a branch, or you can view as a PDF file on Bank of America's website.

I am sorry to hear about that situation, and you aren't alone. It is something that happens quite regularly, but certainly is not the bank's personal vendetta against you.

Knowledge is power- be aware and know your rights!
Respond to this report!
What's this?

#2 UPDATE Employee

Regulation CC

AUTHOR: Ontheinside - (U.S.A.)

It is most likely that the bank did act within reason and by regulation by placing this hold. Any check has the potential to be placed on hold for up to eleven (11) business days unless it is the type of item that allows "next day availability" such as USPS money orders and checks written off the Federal Reserve Bank. Although, even these types of items are not garaunteed under certain circumstances.

You may want to look into Federal Regulation CC at the following link: http://www.bankersonline.com/regs/229/229.html.

Its a bit wordy with legal terms and clauses, but will give you a good idea of government regulated policy when it comes to check and cash deposits. Basically, a bank needs to inform you of a hold when the check is deposited (usually on your deposit receipt) or that a hold may be applied (usually by a sign or other notice) at the time you make the deposit. There are some exceptions to this rule, such as ATM deposits, where you are informed by mail (usually 2-3 business days after the deposit is made) or in fraud cases. In a case where the bank is in violation of Regulation CC you ARE entitled to have any fees, finance charges (overdraft protection), etc. refunded to you account, just be sure that your in the right before you give a customer service representaive a headache- remember they are people too :)

Another helpful link found right on Bank of America's website:
http://feesandprocesses.bankofamerica.com/index.aspx?bhcp=1#/holds/holdsvideo/

You can also refer to your Personal Schedule of Fees/Depositor Agreement/Account Disclosure for this information. Those can be ordered over the phone, at a branch, or you can view as a PDF file on Bank of America's website.

I am sorry to hear about that situation, and you aren't alone. It is something that happens quite regularly, but certainly is not the bank's personal vendetta against you.

Knowledge is power- be aware and know your rights!
Respond to this report!
What's this?

#3 UPDATE Employee

Regulation CC

AUTHOR: Ontheinside - (U.S.A.)

It is most likely that the bank did act within reason and by regulation by placing this hold. Any check has the potential to be placed on hold for up to eleven (11) business days unless it is the type of item that allows "next day availability" such as USPS money orders and checks written off the Federal Reserve Bank. Although, even these types of items are not garaunteed under certain circumstances.

You may want to look into Federal Regulation CC at the following link: http://www.bankersonline.com/regs/229/229.html.

Its a bit wordy with legal terms and clauses, but will give you a good idea of government regulated policy when it comes to check and cash deposits. Basically, a bank needs to inform you of a hold when the check is deposited (usually on your deposit receipt) or that a hold may be applied (usually by a sign or other notice) at the time you make the deposit. There are some exceptions to this rule, such as ATM deposits, where you are informed by mail (usually 2-3 business days after the deposit is made) or in fraud cases. In a case where the bank is in violation of Regulation CC you ARE entitled to have any fees, finance charges (overdraft protection), etc. refunded to you account, just be sure that your in the right before you give a customer service representaive a headache- remember they are people too :)

Another helpful link found right on Bank of America's website:
http://feesandprocesses.bankofamerica.com/index.aspx?bhcp=1#/holds/holdsvideo/

You can also refer to your Personal Schedule of Fees/Depositor Agreement/Account Disclosure for this information. Those can be ordered over the phone, at a branch, or you can view as a PDF file on Bank of America's website.

I am sorry to hear about that situation, and you aren't alone. It is something that happens quite regularly, but certainly is not the bank's personal vendetta against you.

Knowledge is power- be aware and know your rights!
Respond to this report!
What's this?

#4 UPDATE Employee

Regulation CC

AUTHOR: Ontheinside - (U.S.A.)

It is most likely that the bank did act within reason and by regulation by placing this hold. Any check has the potential to be placed on hold for up to eleven (11) business days unless it is the type of item that allows "next day availability" such as USPS money orders and checks written off the Federal Reserve Bank. Although, even these types of items are not garaunteed under certain circumstances.

You may want to look into Federal Regulation CC at the following link: http://www.bankersonline.com/regs/229/229.html.

Its a bit wordy with legal terms and clauses, but will give you a good idea of government regulated policy when it comes to check and cash deposits. Basically, a bank needs to inform you of a hold when the check is deposited (usually on your deposit receipt) or that a hold may be applied (usually by a sign or other notice) at the time you make the deposit. There are some exceptions to this rule, such as ATM deposits, where you are informed by mail (usually 2-3 business days after the deposit is made) or in fraud cases. In a case where the bank is in violation of Regulation CC you ARE entitled to have any fees, finance charges (overdraft protection), etc. refunded to you account, just be sure that your in the right before you give a customer service representaive a headache- remember they are people too :)

Another helpful link found right on Bank of America's website:
http://feesandprocesses.bankofamerica.com/index.aspx?bhcp=1#/holds/holdsvideo/

You can also refer to your Personal Schedule of Fees/Depositor Agreement/Account Disclosure for this information. Those can be ordered over the phone, at a branch, or you can view as a PDF file on Bank of America's website.

I am sorry to hear about that situation, and you aren't alone. It is something that happens quite regularly, but certainly is not the bank's personal vendetta against you.

Knowledge is power- be aware and know your rights!
Respond to this report!
What's this?

#5 Consumer Comment

Extended Holds

AUTHOR: Ken - (U.S.A.)

The financial services industry is currently being flooded with phony bank checks, which are part of bogus lottery winnings scams. When these items are deposited, they are getting the full hold on them, which by law is 5 days. (unless special circumstances allow more). You deposited on the 16th, the hold is 5 business days, it comes off on the 22nd.
They didn't do anything improper, although they could have done a better job of alerting you to the hold.
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