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Report: #447034

Complaint Review: Bank Of America - Mission Viejo California

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  • Reported By: Laguna Hills California
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  • Bank Of America Mission Viejo, California U.S.A.

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New Bank Of America debit card "Authorization Funds Hold" program is steeling Millions of Dollars from customers in the form of NSF fees while their accounts never dip below zero. This loop hole written by bankers and passed by our ignorant government officials is so blatantly corrupt that BofA locked out MANAGER OVERRIDE systems, leaving customers helpless and broke.

In one night, BofA has stole over $350 in NSF fees while the account never dipped below zero. To make things worse, there own computer systems are prevented from utilizing the overdraft account to offset any NSF fees.

If you have Bank of America checking account and use the Debit Card, let me know. I'm actually looking to start a class action lawsuit against them for non sufficient funds charges.

I have paid over $2,000.00 in non-sufficient fund charges to BofA based on their new authorization hold program.

This new policy was paid for by bank lobbyist in order to pass a new law that allow banks to charge NSF fees for authorization holds on top of the actual debit or purchase charges. This is a perfect example of how big business (Wall Street) pays off our politicians to allow companies to rip-off the public.

To explain in detail (with hopes you know of other people with the same issue) this is how the new bank policy debits your account twice for one purchase and penalizes you with NSF fees.

I have a beginning balance in my checking account of $1000.00. I go online and purchase an item for $600.00. BofA then holds those funds. My actual balance now should be $400.00. I go to the store, Carl's Jr., and get a hair cut all running about $20.00 each trans action. Between Friday and Monday, the company I purchased the $600.00 item then actually charges my card. The bank now claims my account has been over drawn and will charge me $35 per transaction. My true and actual balance never dipped below $340.00 ($600 + 20 + 20 + 20) over the weekend. However, the bank said I "Tied Up" the funds of ($600 + 600 + 20 + 20 +20 = 1260.00) Remember my balance was $1000.00.

The PROOF I have that this should never occur is as follows: I have a savings account attached to my checking account for "OVER DRAFT PROTECTION". The bank NEVER drew moneys from this account to cover the so called "OVER DRAFT CHARGES $35 x 4). Why? Because their OWN COMPUTER SYSTEM fails to see the authorization hold as a legitimate draw on the account.

This is class action lawsuit material and I'm trying to get as many people that have experienced the same issue as I have the past ten months.

If you know of anyone, please forward my information to them.

I'm posting this on my site for two reasons.

1st, we get customers like you complaining all the time that we charged your debit card twice for the same purchase. The bank is holding the funds against your account for the "Authorization". When we debit your card for the purchase, the "HOLD" will be removed in up to three days. To most consumers, this appears as an actual charge when in fact, it is impossible for us to charge your account twice with the same transaction number.

And 2nd, I feel this is a perfect example on how Banks, Wall Street, and Big Business pay off our government to allow these types of business practices to occur. Why, to simply increase their profit margins, look like a hero, then get votes from the board of directors to earn Multi Million Dollar Bonuses. Meanwhile, they rape middle America due to GREED.

Totallycellphones
Laguna Hills, California
U.S.A.

This report was posted on Ripoff Report on 04/27/2009 09:38 PM and is a permanent record located here: https://www.ripoffreport.com/reports/bank-of-america/mission-viejo-california-92691/bank-of-america-banks-ripping-off-debit-card-holders-to-the-tune-of-millions-mission-viejo-447034. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
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11Consumer
0Employee/Owner

#11 Consumer Comment

I just got scammed to!

AUTHOR: Kmd1985 - (U.S.A.)

POSTED: Wednesday, May 27, 2009

I just checked my account and I was charged two times for one purchase. They deducted the $82.00 when they authorized the transaction and then they deducted the $82.00 AGAIN on the 26th of May when it was "debited".. When I called BOA, the first thing I asked them was which column was my actual balance, the one with authorizations and holds or the one without. The rep told me it was the one WITH the holds. I then told her that the payment of $82.00 was deducted from the column with auth. and holds 2 times. She told me that it was not deducted two times, so I sat on the phone with her doing basic math for 45 minutes. In the end, I got nowhere. I am out the $82.00 plus the 4 overdrafts at $35 a pop.. Its not right that they can charge you twice for a purchase, charge you when you overdraft because of it, and then to add insult to injury fight with you that it never happened when you are literally staring at the two charges.. I'm in on a lawsuit.. Where do I sign?!

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#10 Consumer Comment

I just got scammed to!

AUTHOR: Kmd1985 - (U.S.A.)

POSTED: Wednesday, May 27, 2009

I just checked my account and I was charged two times for one purchase. They deducted the $82.00 when they authorized the transaction and then they deducted the $82.00 AGAIN on the 26th of May when it was "debited".. When I called BOA, the first thing I asked them was which column was my actual balance, the one with authorizations and holds or the one without. The rep told me it was the one WITH the holds. I then told her that the payment of $82.00 was deducted from the column with auth. and holds 2 times. She told me that it was not deducted two times, so I sat on the phone with her doing basic math for 45 minutes. In the end, I got nowhere. I am out the $82.00 plus the 4 overdrafts at $35 a pop.. Its not right that they can charge you twice for a purchase, charge you when you overdraft because of it, and then to add insult to injury fight with you that it never happened when you are literally staring at the two charges.. I'm in on a lawsuit.. Where do I sign?!

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#9 Consumer Comment

I just got scammed to!

AUTHOR: Kmd1985 - (U.S.A.)

POSTED: Wednesday, May 27, 2009

I just checked my account and I was charged two times for one purchase. They deducted the $82.00 when they authorized the transaction and then they deducted the $82.00 AGAIN on the 26th of May when it was "debited".. When I called BOA, the first thing I asked them was which column was my actual balance, the one with authorizations and holds or the one without. The rep told me it was the one WITH the holds. I then told her that the payment of $82.00 was deducted from the column with auth. and holds 2 times. She told me that it was not deducted two times, so I sat on the phone with her doing basic math for 45 minutes. In the end, I got nowhere. I am out the $82.00 plus the 4 overdrafts at $35 a pop.. Its not right that they can charge you twice for a purchase, charge you when you overdraft because of it, and then to add insult to injury fight with you that it never happened when you are literally staring at the two charges.. I'm in on a lawsuit.. Where do I sign?!

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#8 Consumer Comment

I just got scammed to!

AUTHOR: Kmd1985 - (U.S.A.)

POSTED: Wednesday, May 27, 2009

I just checked my account and I was charged two times for one purchase. They deducted the $82.00 when they authorized the transaction and then they deducted the $82.00 AGAIN on the 26th of May when it was "debited".. When I called BOA, the first thing I asked them was which column was my actual balance, the one with authorizations and holds or the one without. The rep told me it was the one WITH the holds. I then told her that the payment of $82.00 was deducted from the column with auth. and holds 2 times. She told me that it was not deducted two times, so I sat on the phone with her doing basic math for 45 minutes. In the end, I got nowhere. I am out the $82.00 plus the 4 overdrafts at $35 a pop.. Its not right that they can charge you twice for a purchase, charge you when you overdraft because of it, and then to add insult to injury fight with you that it never happened when you are literally staring at the two charges.. I'm in on a lawsuit.. Where do I sign?!

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#7 Consumer Comment

The bank isn't losing anything here either

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

POSTED: Wednesday, April 29, 2009

This becomes an insurance issue to the bank - it gets filed under their E&O policy and the insurance pays out on the claim. Never believe for a second the bank isn't a winner in this situation - even if they lose the case. The lawyer and the bank are the only winners here; the customer and the insurance company are the losers here - the insurance company because they have to pay out, and the customer because they get it taken to them in the form of (1) low $ payout for a case that goes on for umpteen years, and (2) higher fees because someone has to pay back the deductible on the E&O policy, and you know it ain't the bank.

Never believe for a second a class-action lawsuit sticks anything to a bank...

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#6 Consumer Comment

Sounds about right...

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

POSTED: Tuesday, April 28, 2009

If any money came out of a class action lawsuit, the attorney(s) would be the ones to profit. Whichever one of you chooses to start a class action lawsuit ought to post the docket number here.

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#5 Consumer Comment

The Perfect Example of This Ripoff

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

POSTED: Tuesday, April 28, 2009

Your example is very eloquently explained. Accurately showing how the account was NEVER overdrawn. Confirmed by the fact that no funds were taken from Savings because........the account was never overdrawn. Duh! Nothing else needs to be added to make this any more clear.

After the verbage in the OP, and after the initial comments from the other posters all talking about 'class-action lawsuit', many months ago a report like this would have already been flooded with numerous comments from others laughing and ridiculing all of you about this class-action lawsuit nonsense. Because many months ago, the impression was those lawsuits are always a big waste of time and money, and they always come up empty.

Well, with new case developments in recent months, it's now becoming more apparent to 'those others' that maybe the jokes on them. Two of the most recent cases are:

1. Closson v. Bank of America, Case No. CGC 04436877, filed in 2004, proposed settlement in 2009, $35 million
2. White v. Wachovia, settled in 2008, undisclosed amount.

And this is why those sarcastic 'class-action' comments are 'missing-in-action' these days.

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#4 Consumer Comment

Any Attorney want to make a fortune?

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

POSTED: Tuesday, April 28, 2009

This gentleman is absolutely telling the truth. I am experiencing exactly the same problem as a result of a deposit Bank of America has repeatedly acknowledged they know is good. I deposited the check on 4/27/09, and my deposit slip says it posts on 4/27/09 - but the bank obviously needed some extra cash! I contacted the Executive Complaint office (1-704-386-5681) and the office of the CEO (704-386-5687) and was told they are holding my funds because the law allows them to - not because the funds aren't good - but becasue they can play bully and intend to. I was even shuffled off to my local office who refused to do anything about it either - not because the check (from my employer of 11 years - a huge national company) was placing BOA at any risk, not because it was outside the scope of her abilities to remove the hold. It wasnt' because I have a new account - I have over 20 years history with this bank- with no fraud ever on the account. They were refusing to take the hold off of my account because the employees obviously enjoy playing bully and Bank of America will get a lot more overdraft fees this way!! Maybe the employees get bonused on how many extra fees they can cause?!

If there is an attorney out there interested in a good, lucrative class-action lawsuit - this would be a great one!!

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#3 Consumer Comment

TOTALLYCELLPHONES, IF YOU GO TO THE........

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

POSTED: Tuesday, April 28, 2009

Ripoff Report entitled- RIP OFF REPORT TOYOTA MOTOR CORPORATION USA MANIPULATION (you can 'Google' it!), and then read ALL the 'Updates' & 'Rebuttals', you will see that 'LOBBYISTS' & 'POLITICIANS' & 'EXECUTIVES' are discussed in the 'Updates' section.

Isn't it interesting that our government is handing out BILLIONS of dollars in TAXPAYER'S money to banks like BOA, Goldman Sachs, & others, & also handing out BILLIONS of dollars to broken down companies like GM, AIG, & others?

Send all your information to Andrew Cuomo, the Attorney General of New York. He's the ONLY person in the USA is is 'for' the American people, in my opinion. The POLITICIANS are obviously on the side of the bankers, the corporatate executives, & the others who CONTROL America, wouldn't you agree?

Maybe Mr. Cuomo will do something since he's already looking into Bank of America, with regards to the Merrill Lynch deal.

E-mail him, & let him know!

GOOD LUCK TO YOU!


P.S. Don't forget to go to www.9news.com and type in- NEW WARRANT SERVED IN CONNECTION TO PROSTITUTION RING, and read the story where Microsoft Corporation was served a search warrant in regards to this 'PROSTITUTION RING' that catered to prominent clients including, quote- 'JUDGES, LAWYERS, BUSINESSMEN, ATHLETES, and POLITICIANS.'

Guess what? We're- 'Only a pawn in their game.' - Dylan

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#2 Consumer Comment

Please include me...

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

POSTED: Tuesday, April 28, 2009

In your class action lawsuit...in the past 2 months since we have had our checking account with BOA we have incurred probably around 500$ in NSF fee's. I really do need a checking account to pay bills (written checks) but I'm going to stop using the Debit/Check card at all now! This is what happens: They are holding out items (usually smaller amounts) and they consider them "pending" then they post the larger items and get every NSF fee they can (using the smaller items that were pending). So we get charged for the small items that we actually had the money in the account for!!! I HATE THIS BANK AND I WILL NEVER TELL ANYONE OTHERWISE! AND I WILL TELL PPL THAT I KNOW NEVER TO OPEN AN ACCOUNT WITH THEM EITHER!

P.S. See this is why BOA got in trouble a few years back for openning accounts for ppl who didnt even have SSN#'s! The managers/CEO's,etc at this bank need to get their heads out of each others asses and actually help people for once!!!!

Please email me or just add me to your list: jktowe@yahoo.com

-K. Towe

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#1 Consumer Comment

Me too, but wait...

AUTHOR: <1000.00 A Month - (U.S.A.)

POSTED: Tuesday, April 28, 2009

Sorry to say, it's not just BofA (Bank of America) I've noticed almost all major national banks do this to all of its consumers. All have explained that it is controlled by an omnipotent organization that controls ACH/Telecheck, etc transactions. They put a hold on funds, wait until whoever you spent it at cashes in on it. Meanwhile, you go about your life, and the purchases you make add up to ridiculous fees over time. My advice? Really? Consider ALL banks profiteering organizations that want to steal as much as they possibly can from you. Nickel and dime and NSF fee at a time. Current one I'm with charges me 10 if I don't have direct deposit and transfer 75 to my savings every month. Standard I guess, NSF fees are 35 dollars. I once made a book keeping error basically, (it WAS my fault that time) and I over charged myself 2.00, 3.00, small stuff; about ten times. Needless to say, my checking crashed just like the stock market...only with real money. Money I earned at minimum wage, money the IRS takes then gives a part of back, money that isn't big enough to pay for my medical bills, money that could have paid for my education...if it didn't cost so much. Money, they all want it, those who need it, only need it to give to those who demand it. I'm sorry to break it to you, but it's not BofA, it's ALL banks. 35.00 for ONE error. 35.00 for ten errors, 350. I for one wouldn't mind lobbying for STRICT regulations on what fees and how much a bank could charge you for theoretically bending the time-space-money continuum inside their databanks. We could privatize...privatise...banking, but that would be socialism if the government owns a majority of them...oh wait, didn't they borrow 700 bil from the gov? Does that mean the gov owns the banks? Is this socialism? Or is it theft by taxation? I doubt our Constituition will stand up to our pontificating flip/flop attitude anymore. It almost seems like it contradicts itself at this point. Sorry, I got off on a tangent, basically, all national banks are evil. Go local, support state business. Support state office. THEY will take more care of you than national branches. Research. Interview your banker, and let them know they are YOUR banker. MAKE them personalize it. They want your money, you ARE paying for a service...so demand it! Politely please!

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