On an overdue accident settlement, the Massachusetts Main Street America Insurance Group did not mail the almost ten thousand dollar check they swore they mailed to my lawyer, so the Auburn Massachusetts Office manager suggested on the morning before Christmas I get a ride from Boston to pick up a check and cash it close to them, that I could cash with their bank, the Bank of America [Bend Over Again or BOA]. The Auburn Bank of America claimed they did not have enough cash and suggested I meet my lawyer at another branch, their manager gave mapquest wrong directions to so that we could not get the money before they closed early at 2:00 pm. The day after Christmas both my lawyer and I met at the 260 Hanover Street Boston branch of BOA where they took our thumbprints after verifying photo ID, but then they refused to give us the cash because they claimed they could not verify the Auburn Main Street America Group Office Managers signature on the check. The branch manager could not produce any written policy requiring the bank to verify the signature of the person who issued the check, and Bank of America negligence was involved with two tellers and a Manger claiming they could not find his signature because the Insurance company issues too many checks when they claimed they cannot cash a check unless the persons signature is in their file for a prior check within the past six months. I wonder how they ever cash the first check every one of their customers signs and gives out? The Insurance Company promised settlement payment prior to Christmas because of my many overdue bills and when I explained to the BOA Managers that they were acting in bad faith making me homeless for Christmas weekend they showed no remorse refusing to keep their obligation to pay cash for checks issued from their customers that had sufficient funds as Main Street America Insurance Group has and not only breached the check contract itself but also the banks obligations to act in good faith and exercise ordinary care." Paul S. Turner, Contracting Out of the UCC: Variation By Agreement Under Articles 3,4, and 4A, 40 Loy. L.A.L. Rev. 443,460 under the checks implied covenant of good faith and fair dealing, Sanchez-Corea v. Bank of America, 38 Cal. 3d 892,215 Cal. Rptr. 679 (Cal., 1985) ($100,000 emotional distress and 1 million dollars punitive damages against the Bank of America); Sawyer v. Bank of America, 83 Cal. App. 3d 135,145 Cal. Rptr. 623 (Cal. App. 1 Dist., 1978) (bank negligence $2,005.90 damages paid by bank) Kruse v. Bank of America, 248 Cal. Rptr. 217,201 Cal. App. 3d 354 (Cal. App. 1 Dist., 1988) ($26,675, 000.00 in punitive damages against bank for causing plaintiffs bankruptcy); Lee v. Bank of America, 267 Cal. Rptr. 387,218 Cal. App. 3d 914 (Cal. App. 2 Dist., 1990) (Johnson, J dissenting). My civil complaint for intentional infliction of emotional distress, breach of contract, compensatory and punitive damages and court costs, Nesper v. Bank of America, N.A. Ohio 1660 (Ohio App.) (Bank of America pays court costs when it loses) is being filed against both the Bank of America and the Insurance Company this week and I am posting this online because I wonder how many other persons have had similar problems cashing BOA checks? There are thousand of scam complaints against that bank online and as many civil cases against them when I checked Westlaw. Bank of America has predatory tactics as does its partner FIA (Credit) Card Services, Thomas, et. Al. V. Bank of America Corp., 570 F. 3d 1280 (11th Cir.) (BOA owns FIA Card Services as indicated in this class action for unfair and deceptive business practices) for its overpaid executives, but I bet you did not know they make up whatever they want not to release cash whenever a value customer wants it or writes a check to pay it out (perhaps to unlawfully obtain a few extra days interest on such cash), not to mention Bank of America consumer complaints related to monthly maintenance fees, a $6.00 check cashing fee, two sets of books one claiming an available balance and another with holds and authorizations as well as monthly service fees to trick customers into an overdraft position and overdraft fees for those tricked by false account balance figure and people who do not have a large enough balance to pay the fee thereby triggering an additional $35.00 charge to close low balance accounts and the absolute worst home mortgage program in the United States. Howe v. Bank of America, G040669 (Cal. App. 11/16) (Cal. App.) Bank of America's credit card promotion was "designed to attract foreign nationals, who are in the United States legally and illegally, by not requiring foreign nationals to provide Social Security numbers when applying for a bank account and credit card.")
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