Checking or savings account -- Problem caused by your funds being low -- Complaint #4926304
Complaint Overview
Complaint ID: 4926304
Company: Bank Of The West
Product: Checking or savings account
Sub-Product: Checking account
Issue: Problem caused by your funds being low
Sub-Issue: Non-sufficient funds and associated fees
State: California
ZIP Code: XXXXX
Date Received: 2021-11-18T12:00:00-05:00
Date Sent to Company: 2021-11-18T12:00:00-05:00
Company Response: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Submitted Via: Web
Consumer Narrative
Dear CFPB : Bank of the West ( BOTW ) hit me with a NSF fee on XX/XX/XXXX ( a {$35.00} fee ). The transaction should have simply been stopped, but BOTW pushed the funds through. I, wrongfully, incurred an additional {$30.00} on XX/XX/XXXX ( due to my account being more than {$200.00} overdrawn ). The transaction was an online EFT, BANK to BANK, " one time '' checking account transaction to a savings account. The transaction of XX/XX/XXXX was overdrawn due to a keystroke error. When I learned of it, on XX/XX/XXXX, I had the funds returned to BOTW by XXXX XXXX XXXX XXXX XXXX on the same day. However, the funds did not post in time to stop the second NSF fee of {$30.00} for XX/XX/XXXX, or so says, BOTW. I believe that BOTW was being abusive by allowing the overdraft to go through on XX/XX/XXXX. I complained to the bank managers in person, online by email and by telephone, but I was told that the fees are correct. Bank of the West has been treating my account as if I signed up for overdraft protection. Even insisting that I was automatically signed up when the account was registered online. However, when I opened my BOTW account online ( # - XXXX ) on XX/XX/XXXX, I never once signed up or designated an alternate account to cover any overdraft protection. Under the overdraft protection law enacted XX/XX/XXXX it is illegal for banks to automaticaly sign up new accounts for overdraft protection. Again, the H.R.1261 " Overdraft Protection Act of XXXX '' - Amends the Truth in Lending Act to prohibit a depository institution from engaging in unfair or deceptive acts or practices in connection with overdraft coverage, or in acts designed to evade the provisions of this Act. ... ( 1 ) the consumer 's transaction may be declined if there are insufficient funds in the related transaction account, and ( 2 ) the consumer will not be charged a fee if such transaction is declined. ... Prohibits an overdraft coverage fee if the overdraft results solely from a debit hold amount that exceeds the actual dollar amount of the transaction. ... The US Treasury makes a direct deposit for my SSI payment into my Any Deposit Checking account on/or before the first of every month. BOTW was well aware of my direct deposit history and decided to take advantage by transferring the full amount to XXXXXXXX XXXX XXXX XXXX XXXX where my XXXX. fund is managed, even though it would put my primary checking account in a negative balance. If I were unable to return the funds back to BOTW I would have continued to incur NSF fees every five days until XX/XX/XXXX. In closing, I am requesting that the CFPB audit all my BOTW transactions for the months of the XX/XX/XXXX through XX/XX/XXXX. Please advise. Sincerely, XXXX XXXX XXXX, XXXX, XXXX XXXX
Frequently Asked Questions
What is Complaint #4926304 about?
Complaint #4926304 was filed against Bank Of The West regarding Checking or savings account specifically about Problem caused by your funds being low. It was received by the CFPB on 2021-11-18T12:00:00-05:00.
How did Bank Of The West respond to this complaint?
The company responded with: "Closed with explanation". The response was timely.
What is the risk level of this complaint?
See the risk assessment section for details on this complaint's risk profile.
How do I file a similar complaint?
You can file a complaint with the CFPB at consumerfinance.gov/complaint. Select the appropriate product category (Checking or savings account) and describe your issue in detail.
Can I see other complaints against Bank Of The West?
Yes, visit the Bank Of The West company profile at readthecomplaint.com/company/bank-of-the-west to see all complaints, risk scores, and analysis.
Disclaimer
This analysis is AI-generated based on publicly available CFPB complaint data. It does not constitute financial or legal advice.