Bank Of America NSF charges Emerging Class Action Lawsuit

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Bank Of America NSF charges
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      | 337 |      LEAD PLAINTIFF: blugabuss      Case Filed: 2008-08-13
Case Summary:
I had a deposit made on Friday August 8th, in the amount of $45. I continued to make purchases under the premis I had this amount available, but upon review of my account, NSF charges were made because of transactions made. I had called the Banking Center automated service to find out my account balance, and they said I had $32+- in my account. I went ahead and continued to make purchases and then find out that I do not have the money due to NSF charges assessed to my account. But before I knew they assessed these fees, I had continued to make purchases under the premis that I had the $32 in my account. I was assessed $140 in NSF fees and they are not willing to reverse the charges.

Case Detail:
would like to see about suing Bank of America for fraudulent charges.

2010-07-23  
Class Action Investigation Member:
bmallek540
 

Case Details:
I received 3 debit cards in the mail to replace my old cards. The numbers on the new cards did not match the old cards but I thought I had the card for the 1 account I needed. Turns out I was using the wrong card after checking my bank statement online I was in the negative. on 7/13I had a purchase of $11,87 which brought me minus $29. The next day I received notice of $35 OD charge then I received 3 more $35 overdraft charges (for what) Then (still believing I was using the correct card I made a purchase for $29.99 and it went through!. If I have no money in my account why would it go through Well then another $35 OD charge arrived. Then I went to the doctor used the same card and charged $15 for the visit and then immediately another $35 dollar charge.Then still not knowing I was using the wrong card I spent $101.18 The BOA accepted that charges and charged me another $35. Then I bought gas and spent $33.50 on the gas using the same card and again BOA accepted the charge just so they could charge me another $35. I then went to the pharmacy to pick up prescriptions and spent $$76.70 and again the debt went through and again another $35 on top of that. Last one Netlfix for $11.84 and it went through and another $35. This all happened during the dates of 07/12/2010 to07/20/2010. When a credit card or even debit card has no more money available the purchase is denied. In all the places I've heard of. BOA seem to be giving loans and the flat fee for those loans is $35. This is criminal and I'm sure they are making millions from their cheating. Something need to be done


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2010-07-23  
Class Action Investigation Member:
bmallek540
 

Case Details:
I received 3 debit cards in the mail to replace my old cards. The numbers on the new cards did not match the old cards but I thought I had the card for the 1 account I needed. Turns out I was using the wrong card after checking my bank statement online I was in the negative. on 7/13I had a purchase of $11,87 which brought me minus $29. The next day I received notice of $35 OD charge then I received 3 more $35 overdraft charges (for what) Then (still believing I was using the correct card I made a purchase for $29.99 and it went through!. If I have no money in my account why would it go through Well then another $35 OD charge arrived. Then I went to the doctor used the same card and charged $15 for the visit and then immediately another $35 dollar charge.Then still not knowing I was using the wrong card I spent $101.18 The BOA accepted that charges and charged me another $35. Then I bought gas and spent $33.50 on the gas using the same card and again BOA accepted the charge just so they could charge me another $35. I then went to the pharmacy to pick up prescriptions and spent $$76.70 and again the debt went through and again another $35 on top of that. Last one Netlfix for $11.84 and it went through and another $35. This all happened during the dates of 07/12/2010 to07/20/2010. When a credit card or even debit card has no more money available the purchase is denied. In all the places I've heard of. BOA seem to be giving loans and the flat fee for those loans is $35. This is criminal and I'm sure they are making millions from their cheating. Something need to be done


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2010-07-08  
Class Action Investigation Member:
works11
 

Case Details:
My account with B of A was compromised I filed a police report, sent it in with the other paperwork BofA requires and the monies that were stolen from account were refunded but not the NSF fees. Does that make sense?


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2010-05-26  
Class Action Investigation Member:
SUSANT50
 

Case Details:
I have NEVER bounced a check in over 30 years of having checking accounts. I used to have five seperate accounts (business and personal) and balance my accounts daily! On Friday, I made a deposit of $310 at 1 PM giving me a bal of $529 according to my receipt. On Sat and Sun, I made 4 purchases totaling $109. On Monday, an EFT for $200 went through 4 days early (don't trust bill-pay) AND it was processed AGAIN on the bill date causing me to OD. Here's where they get you: the deposit (Fri) wasn't posted until MONDAY at midnight (Tues morning). the check went through on MONDAY after 3:00 and I did have enough to cover it, but then BofA was nice enough to post all the weekend transactions on MONDAY as well! Because they posted the EFTs BEFORE the deposit, FOUR NSF charges were "tripped".
.
My question is - WHAT CAN BE DONE TO STOP THIS??????


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2010-04-27  
Class Action Investigation Member:
mhperry
 

Case Details:
BOA has been awarded thousands of dollars from me in NSF charges. I have yet to figured out how they are posting and moving items around causing large fees to incur. Not only do they use the highest to lowest in transactions, but they also can go back to change transactions. BOA can take a transaction that is pending one day and have it post two days prior causing a balance to be lower than it actually is. How is this possible or allowed? They post the transaction to the day it made instead of the day the transaction actually hit. Not only that, I go to check my account online this morning and I have several fees which the day before showed and my check book I had money to cover the charges I documented. There was not one day that my account was overdrawn which my online banking printout proves. I use my ATM/Debit card for most of my expenses. BofA Customer Solutions Dept explained to me that because I had "pending" visa check card authorizations which had not yet cleared, but were still considered debits were the cause of my NSF charges. The also chage for authorizations as well as debits and "PENDING" charges. They are charging for every transaction! Also, they charge for pending ATM withdrawal which show as a pending transaction when themoney is already gone. I HAVE BEEN A BOFA CUSTOMER FOR for a lot of years. EACH YEAR I have BEEN CHARGED 1500+ IN NSF & RETURN ITEM FEES RESULTING FROM NSF FEES THEY PLACE ON my account. THEY CHARGE THE PENDING ITEMS OUT OF CHRONOLOGICAL ORDER & SOMETIMES DAYS LATER TO ACCURE MORE BANK FEES I CONSTANTLY CALL & COMPLAIN TO THEIR CUST SERVICE DEPT and their managers and nothing is considered or changed and they say thank you for being a BOA customer and we appeciate your business, Yeah my MONEY!


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2010-04-14  
Class Action Investigation Member:
erickessler20
 

Case Details:
I have been charged numerous NSF charges over the years with BofA. Most recently I had a series of small charges that were made several days before a much larger transaction had gone through. BofA purposely held those smaller transaction and kept them as "pending transactins" until the much larger transaction went through, they then proceded to charge me in excess of 350 dollars due to NSF charges. When I spoke to the representative at BofA that rep told me that it is not them that cause that to happen, he proceeded to tell me that the merchants have to bill BofA for the money owed to them and at that point when BofA recieves the bill they then pay out. Seems kind of funny that once the larger transaction goes through the smaller ones post to the account as well as paid, EVERY TIME! This is highway robbery, and the executives that make millions of dollars that enforce this as a policy should be held legally responsible and personally financially liable as well as Bank of America. I'm pissed and I want to see the "A"holes get taken to the cleaners and ther stock plumit! If there is another class action suit against Bank of America please contact me and add me to it because it is not fair what they are doing to the American People. If there not trying to do this to people then they would be dependent on it and they would'nt forcast financial reports showing with they are going to profit every month due to NSF charges........


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2010-03-27  
Class Action Investigation Member:
shenandoah
 

Case Details:
I needed to do some shopping and called my local Bank of America to inquire if I made a cash transfer from my Chase account, if it would happen directly and she confirmed that it would be immediate. Well, it was not! I incurred over $200 in overdraft fees. When I called to speak to a Manager, I was told that there was nothing they could do about them, even though they could verify I spoke with their teller and they apologized for the misinformation, that they hold the transfer for up to 3 days. I passed 3 branches on my way to shop!


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2010-03-05  
Class Action Investigation Member:
myownboi
 

Case Details:
On a number of occasions BoA has had items pending and sometimes cleared on my account, for which funds were available and then a larger item will come in and they move the larger item as posted first then charge me $35 for each of the smaller items. Currently I have 5 NSF charges because of this, all for items under $10. I thought this had been settled already?


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2010-02-20  
Class Action Investigation Member:
gijacklin
 

Case Details:
I put $500 cash to cover debits same day NSF charges came in. Was just told today that Wells Fargo just recently changed this rule. Before you could put cash in same day as NSF's and they would be reversed. I refuse to pay so I know they will send to collections and boom there goes my credit! I would like to sue them! They never told me about the rule changes and even if they did the charges were just a few dollars here and a few dollars there and $35 per is not fair. The mafia has better lending deals than that!


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2010-02-08  
Class Action Investigation Member:
grantl2009
 

Case Details:
I had opened an account in 2008, never deposited money. As soon a sI got my card, somehow someone had started already using it even though there was no money ever depsited. The let the person take money out and overdraw it, and then decide to charge me for something I had no idea was going on.


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2010-02-08  
Class Action Investigation Member:
jl_ford32244
 

Case Details:
I will be charged 35 for a 1.00 cup of coffee and and a fifty dollar item paid first.. many many examples.


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2009-10-27  
Class Action Investigation Member:
srchase11
 

Case Details:
In July I was on a business trip and they hotel charged both my card and the business card causing me to be overdraft for a couple hours. BOA charged me over $200 in fees and were unwilling to refund more then half after hours of talking to supervisors. I decided to change banks after almost ten years. I asked to have the overdraft protection removed "opt out". They said that was not an option. They said they could link to my savings and if no funds were available there would be no charges. I found a new bank and requested my direct deposits be changed. While waiting for the last DD to change I was charged another $200 in OD fees for autopay items that were requested changed had not been updated yet. I had called BOA back in late September once I heard they now offered an actual opt out choice. I was told today that I never fully opted out, just switched to the savings link option. I was also told by a supervisor that even once you are opted out of OD protection your account is still accessed fees even when they return the charge because they still have to review the account to decide whether to pay. So whether you are opted out or not, whether the item is paid or not you are charged a $35 fee even if it is a $5 charge. THEIVES


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2009-10-23  
Class Action Investigation Member:
shmcsgrl
 

Case Details:
from the dates of 08/20/08 to 10/22/09 I have been charged with 79+ overdraft charges. Some of which were from my own doing, but others were due to the bank deducting from high to low (rather than the actual order of purchases), others were because of crazy reasons even I have yet to understand.


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2009-10-21  
Class Action Investigation Member:
shawnmkennedy
 

Case Details:
The stack up largest to the smallest in the order they prefer. The money it shows ihas been set aside for your purchases is a lie. I have many proofs of their outrageous schemes.
I have payed thousands in fees this year alone.


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2009-02-04  
Class Action Investigation Member:
betsy0456
 

Case Details:
Have been promised to have fees settled and nothing has been done.Fees are taken out first then causing overdrafts constantly. Now they have threaten me and have me in collections. Had to close all accounts.


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2009-02-03  
Class Action Investigation Member:
vexleir
 

Case Details:
My account never even read negative until they were done with their fees. It started with one charge even though I had a positive balance. I cleared this up with the associate over the phone and was told the other charges made after that wouldn't count as NSF fees, but 2 days later I was looking at $240 dollars in these charges. When I spoke to bank of America again they refused to refund the fees even though I told them in detail what happened with the initial fee and how I was ever really overdrawn.


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2009-01-28  
Class Action Investigation Member:
mekamekk
 

Case Details:
I accessed my bank account online on 1/27/2009 and found 3 overdraft fees assessed to my account.My online account the previous day had every transaction cleared and a positive balance of $1.64. I had an emergency and made a purchase for $16.20 knowing my account would incur one fee.I contacted customer service to no avail.They say things like you can't see what I can and expect that to satisfy us.
I have been a customer for a while and I am very aware of their reposting things in order to get the most nfs fees possible.It is not legal to repost things after they have already cleared and one is still pending to allow the pending transaction to overdraw the account before the information is received by the bank.They are always rearranging posts and should be held accountable.This last year alone I've had over $500 in nsf fees even when making a deposit to cover any overdraft the same day.Boa doesn't need a bailout the customers do.I have a print of the last nsf charges if anyone is interested in trying to understand what they are doing.They currently have a class action suit against them but the date for account holders end 12/31/2007.They are still using these practices and should be punished


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2009-01-23  
Class Action Investigation Member:
leana123
 

Case Details:
I made 3 large deposits of money and Wells fargo posted 2 of the deposits and then posted my debits largest to smallest in order to maximize the amount of NSF fees they could collect and they held up the third deposit in order to do this!!!!!!!!!!!!


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2009-01-23  
Class Action Investigation Member:
angry
 

Case Details:
I wanted to make an ATM withdrawal from my Bank of America checking account, so I went online to check my balance to make sure I had the funds. I saw what I thought was all mydebits and charges but I had forgotten about a $115 automatic withdrawal for my automobile Insurance. On the next day I went online to check my account and I see where they had moved the $115 to come out of my checking account first and had move items that were posted the day before to after the $115 debit. They had moved 4 transactions to cause a NSF on 4 small debits charging $35 for each NSF for a total of $140. When I went in to my branch and spoke with the manager he told me that they ussually take the larger amount first because they had rather see a item like a mortgage be paid first. First that is a bunch of bull and secound what would give them the right to decide what is best for you. I am sure that this is not the reason for moving items the reason is to get more fees, period.


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2009-01-22  
Class Action Investigation Member:
corriganjohn
 

Case Details:
b of a rearranges debits to allow for the most nsf fees to be collected, instead of one they will make sure there are as many nsf charges as possible. I am on ssi disabliity and they have taken a massive chunk of my monthey income for fees. in many instances the account was only overdrawn for a few hours. when I had money they did not charge me for cashers checks wire transfers or anything, they are making a lot of money from poor people.


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2009-01-08  
Class Action Investigation Member:
SURENORAP
 

Case Details:
I HAVE BEEN A BOFA CUSTOMER FOR APPROX 10 YEARS...EACH YEAR IVE BEEN CHARGED AT LEAST 1500+ IN NSF & RETURN ITEM FEES RESULTING FROM NSF FEES THEY PLACE ON MY ACCT. USUALLY I CHECK THE BALANCE ONLINE & OVER THE WEEKEND THEN ON THE FOLLOWING MON. I DISCOVER THEY CHARGE THE PENDING ITEMS OUT OF CHRONOLOGICAL ORDER & SOMETIMES DAYS LATER TO ACCURE MORE BANK FEES I CONSTANTLY CALL & COMPLAIN TO THEIR CUST SERVICE DEPT USUALLY TO NO AVAIL.


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2009-01-05  
Class Action Investigation Member:
vexleir
 

Case Details:
My account never hit a negative balance, however I was charged an NSF fee of $35 dollars. They said their were charges that went through all though they never had shown on my account ("huh?"). So asked what I needed to do of the associate to make sure I wasn't hit with another overdraft fee chain that Bank of America so often hit it's customers with and the operator said that since I was refunded the initial $35 dollars I would be ok, 2 days later however 2 more charges counted as overdrafts since they went through after the refund which started the chain and ultimately led me to $245 in Overdraft fees. I was not only unjust charged this fee in the first place but was also told I was safe from this chain happening to me by the operator so I didn't take the necessary actions I could have to avoid this from happening. This is not the first move like this BofA has pulled on me, just the first one I'm reporting.


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2009-01-05  
Class Action Investigation Member:
peckhino
 

Case Details:
My ETF deposits were shown as received on the website. Three checks were there at the same time on 12/31/08 early am (or 12/30/08 at midnight). I was in the process of moving and didn't check the online statement until I recvd a call from my NEW LANDLORD that the checks had BOUNCED on the 3rd. When I checked online the dates and deposits had all changed. It showed the deposits to have been made on the 2nd of January. I was hit with 6 NSF fees (35 ea) for all of the checks, one twice, and then some other items that had already "cleared" on the first viewing of my account 12/31/08. They are refusing to refund, but they did let me get the cash to pay the landlord and stop payment on the checks outsstanding. ugh There has been manipulation of the deposits and debits for some time with this account. I would really like to be a part of a class action suit. It's usurous and takes advantage of the abilities of cookies (or something like that) on the internet...my opinion...but they are making billions of dollars that aren't TAXED because they are "fees". I would like to know what I can do along with other people in the same postion.


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2009-01-02  
Class Action Investigation Member:
justusvogt
 

Case Details:

I've banked with several banks in the GA area and ALL of them operate the same way. You have a certain balance in your account, you make some purchases, and the bank then takes their fees off the top of you account, THEN post your charges. If they debited your account when the transactions actually take place, then the fees would be minimal or nonexistent. I've lost numerous acounts because of this practice.


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2008-12-26  
Class Action Investigation Member:
NSFvictim
 

Case Details:
I have weekly direct deposits and have not been able to access them for 3 weeks due to the bank taking these excessive charges ($470 in two weeks!) from my account. Surely that can"t be legal! I went to the local branch and pleaded for them to take theses charges over a period of time so I could pay my electric bill. Naturally, no cooperation...and it was Christmas week. Almost $700 in the red for the holidays thanks to this corrupt corporation!!!


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2008-12-19  
Class Action Investigation Member:
Matteo1543
 

Case Details:
NOT only did a rep from BOA tell me that the Bank doesn't charge Overdraft fees but they charged me hundreds of dollars in fees and posting cash deposits days later. Also the holds to make me overdraft are disgusting.


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2008-12-12  
Class Action Investigation Member:
swinser70
 

Case Details:
BOA has been awarded thousands of dollars from me in NSF charges alone. After a time I figured out how they run everything. Not only do they use the highest to lowest in transactions, but they also can go back in time! Yes, it has been proven to me. Time travel does exist. BOA can take a transaction that is pending one day and have it post two days prior. How is this possible you may ask? They post the transaction to the day it made instead of the day the transaction actually hit.

Not only that, I go to check my account online this morning and I have 3 NSF charges when they are showing no overdraft to my account. How can a bank be allowed to do this? They are targeting the poor who don't have a lot of money to keep in their accounts.


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2008-11-14  
Class Action Investigation Member:
bcorleans71
 

Case Details:
I have direct deposit faithfully on the same day every two weeks. I often use my account for business purposes as well as personal. They hold items until they can hit you with the most NSF charges. I find it absolutely criminal for bank of america to think they can charge as much as they want. I work hard for my money! This should be illegal!!!


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2008-10-22  
Class Action Investigation Member:
Upset_in_TX
 

Case Details:
On 10-20 they charged me for $175 charges in NSF fees because they said that they pay the most expensive or highest bill first. Even though they held some of purchases for a week and decided to put them through when it would result in the most fees. If they would have charged my acct in chronological order I would have only been charged $35. I called to complain and they stated that they did a customer survey and it has been their practice for a few years. They refused to reverse the charges. The CSR was very rude and actually talked over me when I was being cordial and polite to try and find out why. I told them I was ending my relationship with them because I disagreed with their business practices. She said "Good luck." and hung up on me. Angry does not begin to describe how upset I am with them.


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2008-10-16  
Class Action Investigation Member:
Flyafox
 

Case Details:
I have been charged $1200 this month alone, and got all but $175 reversed at this stage, although I felt like a criminal and was treated with indignity as if they were doing me a favor. In the air of our economy where banks are screaming for Federal aid, they are still stiffing their consumers with policies like these. I favor legislation that limits interest rates at a Federal level, and prohibts more than a single $25 fee in a 7 day period.


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2008-09-23  
Class Action Investigation Member:
screed001
 

Case Details:
I concur with other complaints. BOA has a policy that causes their clearing of items in reverse order, i.e. highest to lowest to create the highest possible fees for the bank. In addition, BOA places a 7 day hold on all checks in excess of $5,000 and will not release the hold even after the deposited check has cleared the bank.


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2008-09-11  
Class Action Investigation Member:
SMALLBUSINESS
 

Case Details:
I am a Small Business owner in the state of Maryland and bank of american has taken $1300 in NSF fees over 30 days period. I wish the someone can review these claims and bring appropiate charges against Bank of America.


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2008-09-03  
Class Action Investigation Member:
Jamie
 

Case Details:
ON Aug 26th 2008 i check my account thourgh the atm the print out says i had 72.35 I made a deposit of 200.00 now the next print out I got was 272.35 on Sept 2 2008 I recived in the mail and nsf notice that on 8-27-08(date of notice) that on the 8-26-08 and auto withdraw of 190.00 was made and left my account overdrawn by 117.65 plus now am to recive a 35.00 overdraft fee. My friend that used to work at a bank (not boa) says that deposit are to be posted b4 withdraws .. please help I cannot afford this -- this isnt the 1st time this has happen the last time the deposit was made the day b4


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2008-08-27  
Class Action Investigation Member:
bonbon1220
 

Case Details:
I have a print out of my bank activity and it clearly shows that after two transactions had posted I had a balance of $20.37. I had an medical emergency involving my dog, and made another two transactions, for which I knew I would be charged two overdraft fees. The problem is that four overdraft fees were taken from my account, and they refuse to refund the two addtional unjust charges.


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2008-08-24  
Class Action Investigation Member:
jwilson301
 

Case Details:
On 8/21/08, I also was charged $105 in NSF charges for my Business Account. There was not one day that my account was overdrawn which my online banking printout proves. I use my ATM/Debit card for most of my expenses. BofA Customer Solutions Dept explained to me that because I had "pending" visa check card authorizations which had not yet cleared, but were still considered debits were the cause of my NSF charges. "PENDING" authorizations cost me $105 in non existent overdrawn items. A nice profit for BofA. Although my account was always in good standing they refused to reverse the charges. As of today my account has, and still exceeds far above the balance what they claim caused the NSF charges.
What bogus BS. I find it hard to believe this is legal. Any suggestions or help would be greatly appreciated.


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2008-08-15  
Class Action Investigation Member:
MARLEY1218
 

Case Details:
A 5/3 BANK EMPLOYEE OPENDED UP A CREDIT CARD UNDER MY NAME WITH MY CONSENT AND OR KNOWLEDGE


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2008-08-15  
Class Action Investigation Member:
charlesarcher
 

Case Details:
I was a former employee where I managed several banking centers. When I left, my manager accessed my final deposit into my account and had the last paycheck removed. The bank direct deposited the payroll into my account. My manager gave me 2 weeks pay as severence the day I left. My regular direct deposit was made the next day and showed up when I checked it at the ATM. Later that same day the same manager accessed my account and removed the deposit. When I left, I was told it was too late to stop the direct deposit so the severence pay was given to me that day and to expect the regular pay the next day. When I called i was told that Missouri has a law that I had to be paid everything on my last day, therefore they had the right to take the deposit.


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