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I want to sue my bank for the unfair practices

Submitted by on Wed, 01/30/2008 - 19:42
Posts: 202330

I want to sue my bank for unfair practices in charging me thousands of dollars in overdrafts and finance charges over the past 5 years. I have been charged $35.00 for 2.00 item. Then there is a snowball effect. I started adding them up and it is ridiculous how much money they have made off of me. I am on disability and can barely make it. I even had insurance on my account when I was off work and they charged me. Also had credit card and they didn't have it linked until I noticed and complained but they never corrected those charges either. Where do I start to sue them for unreasonable charges.

If you feel you have been treated unfairly, get all your documents together and write a letter to your State Banking and Insurance Dept., they will decide if the bank acted unfairly. You might want to send it to the Attorney General's office as well.

All banks are regulated and if they have acted inappropriately, these agencies will take action on your behalf, that is why they are there.

Submitted by on Thu, 01/31/2008 - 02:30

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Your first step would be to be able to show that you have tried to work out these peoblems before hand. Have you filed a complaint? Do you have any documentation? I would definitely file with the OCC before thinking of filing a law suit. You are going to need proof that they have caused you loss.

Have you disputed directly with the bank itself? Most banks do charge outrageous fees. Some have a charge per day every day you are over.

Submitted by Mary Adkins Matthews on Fri, 02/01/2008 - 08:32

Mary Adkins Matthews

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It's almost like fighting the law I think. It would have to be very hard to sue a bank just for the fact that I'm sure they already have a legal dept designed to deal with these situations. Although if you feel strongly about how they treated you than by all means do what you feel needs to be done.

If I may I might suggest one of the many prepaid debit cards that are available now. They don't let you overdraw your account hence no overdraft fees.

Submitted by Scott McKay on Wed, 02/06/2008 - 20:04

Scott McKay

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As long as there are free checking accounts available to people ..I would never suggest using a pre-paid card. I now some people do use them and yes you can use them to avoid having fees if your account goes negative, but the idea is to learn to balance a checking account.

Submitted by Mary Adkins Matthews on Wed, 02/06/2008 - 22:09

Mary Adkins Matthews

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Got charged $215.00 in two days after i tried to balance my account out with my bank. in the end i still lost money and got a Where sorry about it. Sorry does'nt pay bills. But an Attorney sure helps fix the problem.

Submitted by on Tue, 08/25/2009 - 19:32

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i would try to first dispute with the bank, go as far up as you can, supervisors, corporate, etc. the BBB helped me one time with a bank. if that does not work or if you want to move things faster, contact attorney general and division of banking as suggested.
i owed a bank $1,000.00 before because they would not put a hard block on my account when i was dealing with payday loans and i did end up having to pay them.. plus i got reported to chex systems :(

Submitted by bea2ls on Fri, 08/28/2009 - 10:44


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Everytime i charge my debit/visa the funds are there i make sure i dont go over my limit by calling the bank and checking my balance everytime.. Then i make the charges then a few days later all these fees and charges are presented to my account.. For example i had used my card last on thursday with enough money in the account then between tuesday and wednesday my account had 7 $35 fees added and 3 transactions presented to the account that was done before thursday.. I am a single mom with one income how am i suppose to save money and survive when bank of america keeps doing this to me.. I want to sue them its outragious.. I've banked with other institutions before and i have never gone through this..

Submitted by on Wed, 10/28/2009 - 08:26

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Oh my I am dealing with a terrible thing done to me by BANK OF A MIERDA. they
did me wrong by doing 3 unauthorized payments from my checking to my credit card thus overdrawing 3 times charging 35 dollars fee for them.
Me a normal busy human being called first to see If i could solve it, instead the idiot said no and whatever he did, at the bank they are saying there is nothing they can do even though they see it was wrongfully done!!!!
It's been a month now, and I need to know what to do, the suggestions above hopefully will help.
should make them start thinking a bit before continuing to do this to pple.
Any more suggestions please??? I need my money!

Submitted by on Thu, 12/17/2009 - 18:43

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Consumer's Original Complaint :
On Friday, January 29, 2010, I noticed that my checking account balance was off by $129.18. I keep records of all our transactions in my excel spread sheet. Our balance on with the online banking was showing 129.18 less than our records. I went to the Regions Branch at Greenspring & Valley Road to discuss this matter. I was given some pages of my account history and told to go home and figure out when was the last time that my records matched the bank - balanced. I took the copies home with me. On Saturday, Jan. 30th, I was going to do the research by using the sheet that I was given, my records, & reviewing my account online. Regions online Banking service was down and would not be back up until Sunday. When I sat down on Sunday to match all records, I saw that the online records balance was a match with my records plus $5.93 from a previous time this happened a few weeks ago. I made some withdrawls and other transactions over the next few days. I didn't exceed my balance. As a matter of fact, I never added the additional $5.93 to my registry. I received an email on Wednesday that my account was overdrawn. I logged in to online banking and found that the $129.18 plus the $5.93 had disappeared from my account again. I was also charged overdraft fees for the transactions that I made over the weekend as well as Monday night & Tuesday morning.
I went back to the same branch of Regions to inquire about this. I was told that the bank pays the largest transaction first, then it pays the small ones. I asked about the deficit that I had come in about on Friday and told how it showed up back in my account on Sunday (plus the other $5.93). You see, I figured that since the money showed back up in my account, the assistant manager that I talked to on Friday must've researched my account after I left and fixed the problem. Especially since I had also told her about an earlier descrepency in January that had my account off by a little over $40.00 but mysteriously all the money showed back up in my account except around $5.00. I believed that since the money that I had inquired about that was missing, she had found the error. That's why I saw my $129.18 plus $5.93 back in my account on Sunday. This assistant manager seemed to think that I was not telling the truth. I asked if my online records could be pulled from Sunday (since I didn't print a copy) could be pulled. He told me no. We talked for over an hour and I received no explanation or satisfaction.
The issue of overdraft is that I have none other than what is in my savings account. If the money is not in my account, my transactions are cancelled at the merchant. This is wheather I'm using my check card as a credit purchase or debit. If I go to an ATM and attempt to make a withdrawl, I can not exceed what I have available. When I make a transaction, I come home to record it in my check regristry. I also check the online banking and see that the transaction has already registered on my account and is showing pending. The only transactions that do not show immediately are checks (which we rarely write) or when I buy gas. I put these in my records but they sometimes don't show on the online banking for a few days. My records will turn red if I ever spend more than what's in our account.
You see, I went to a Regions ATM on Monday night (Feb. 1st, 2010) and withdrew $40.00. If this money was not there, I wouldn't have been able to get it. I also went to Wal-Mart on Tuesday - Feb. 2nd, 2010, and made a purchase of $27.03 usint my check card as a debit. If the money was not in my account, the transaction would have been declined. Someone is taking money out of my account, putting it back, & then taking it out again. This practice caused my account to be overdrawn and I was assesed fees of over $175.00.

Consumer's Desired Resolution:
I want the $129.18 plus the $5.93 put back into my account. I want all fees that I was charged between January 29th & February 4th 2010 refunded to me.

BBB Processing

02/08/2010 web BBB Complaint Received by BBB
02/09/2010 pfw BBB Member or MIP Complaint Validated by BBB Operator
02/09/2010 Otto EMAIL Send Acknowledgement to Consumer
02/09/2010 Otto MAIL Inform Member of Complaint
02/19/2010 WEB BBB RECEIVE BUSINESS RESPONSE : Regions' efforts to contact Mr. Holley were not successful a letter dated February 19, 2010 was mailed to him requesting that he contact Regions at his earliest convenience.
02/19/2010 pfw EMAIL Forward Business response to Consumer
02/22/2010 WEB BBB RECEIVED CONSUMER REBUTTAL : (The consumer indicated he/she DID NOT accept the response from the business.)
I had a message on my answering machine from Catherine Doyle at Regions Bank. Catherine asked me to call her. I returned her call but she was out of her office.
My wife & I both work nights. I didn't continue trying to call her on Friday. I call on Saturday morning to see if she was in. No one answered the telephone.
I got up this morning (Monday, February 22, 2010) and called Ms. Doyle. She asked me to send her a copy of my file. I was given a fax number of (205) 581-7678. I faxed a copy of my records to Ms. Doyle. My confirmation page shows that this fax was delivered to Regions Bank at 9:51 AM.
02/23/2010 pfw MAIL Forward Consumer Rebuttal to Business
03/08/2010 OttO BBB No Response from Business re: Consumer Rebuttal
03/10/2010 pfw BBB RECEIVED BUSINESS RESPONSE SEND LETTER : Regions contacted Mr. Holley to address his concerns.
03/10/2010 pfw EMAIL Send Consumer Rebuttal - No New Offer - AJR
03/10/2010 Otto MAIL Inform Business - Case Closed AJR
03/10/2010 Otto BBB Case Closed AJR
03/11/2010 BBB MORE INFO RECEIVED FROM THE CONSUMER : I received an email from Catherine Dorough yesterday. I answered the bank's questions & matched my records with theirs. The result are summarized below.
I have summarized the explanations and the differences below.

Difference between the $40.00 we don't show & the $33.99 that we do show. $6.01
Difference between the $54.30 on 1/15/10 and the banks record for this amount that cleared on 1/19/10 for $53.40. $0.90
Difference in a Wal-Mart transaction made on 1/13/10 where I noted $43.79 but your records show the amount being $43.72. $0.07
Difference of gas purchase amount that we show on 11/29/09 & what cleared on 12/01/09 at the bank. ($0.01)
Difference in a gas purchase on 12/24/09 where we show $53.35 but the bank's records reflect $53.50. ($0.15)
Difference on a Sam's Wholesale purchase we made on 12/14/09 of $74.40 but the bank's records shows this posting as $75.40. ($1.00)

My original complaint mentioned $5.93 that was missing but with the explanations given and corrections, we now show the difference to be this amount. $5.82

Money missing from our account $129.18
Difference shown in explanation $5.82
Money taken from our savings account $40.00
Transfer fee from savings $10.00
Overdraft item fee on 2/2/10 $140.00
Overdraft item fee on 2/2/10 $35.00

Total $360.10
Amount you've refunded ($175.00)

What we are owed $185.00
As a customer of the bank, I believed that my money is safe with them. I've followed my banking transactions with excell sprea sheet and statements from banks for more than 10 years. I've kept these records so that we know how much money we have to pay bills, shop, & live on. I didn't go to them with hand written notes scribbled on scratch paper. They asked me to show when & where our records matched & I did. There is no explanation or transactions that show that we used/spent the funds mentioned in my complaint. I'm the same as millions of other consumers who put their trust in banks. Money was taken from my account without explanation. If they'll do that to me, they'll do that to you too.

Submitted by on Thu, 03/18/2010 - 02:52

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I could not agree with you more this is the most irritating and insane thing! how do they get away with this! I was charged a fee for what the bank is calling auth other words the bank or should I say computer, ANTICIPATES that a fee will happen based upon "credit" charges that the store did not send in till the next day, by the time the charges went through I had deposited cash into the account, but they anticipated that a fee would occur so I was charged. My account never went into the negative until they charged me a fee! this can not be legal. for the time being they can not do anything about the fee beacuse it is pending. So I have to take time out of raising two children and working two jobs to call and dispute this all over again. this is not customer service, nor is this fair banking practice. I am ready to get a sign and stand out front and tell the world that BANK OF AMERICA STOLE MY MONEY!!!!!!!!!!

Submitted by on Thu, 03/18/2010 - 20:23

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I want to sue my bank too... here is why: they always process the debits before the credit regardless of the time the credit was made even though it was made before a debit. For examplle, let's say you are -$50 OD. You deposit $100 cash. You are now $50 positive. So you spend another $40 using your debit card. Now you should be $10 positive right? Wrong.What they do is take your -$50 OD, add -$40 debit, which is considered insuficient funds, so they add -$30 fee, you are now -$120 then they show the $100 credit so now you are still -$20 which causes another $5 OD fee. Result -$25 OD. And they do that over and over. I noticed it when I started paying attention to it because of several times I calculated to be iin the + and found myself AGAIn in the -. This is pure scam. I spoke with my bank (Nevada State Bank) and they won't budge, so I am going full speed ahead even to the media if needed.

Submitted by on Thu, 07/29/2010 - 09:19

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I agree with you Jack C. Something need to be done about this. I have the same problem here in Florida and I bank at a credit union and they do the same thing. I have gone off on my cu for this stuff. when I have a deposit slip saying CASH deposited at 7am and I never used my debit card until that night, after 6pm but they put in the credits first and then the deposits, on purpose to cause the fees. I actually exploded on them I was so outraged at the audacity of them to do this. I threatened to call out the media right then and there on them if they didnt correct it and refunded those charges. This so called business practice of banks and credit unions needs to be stopped and stopped now

Submitted by on Fri, 07/30/2010 - 19:08

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