To : Santander Holdings USA , Inc. 


Complaint ( Pre-settlement notification ) 1. I am filling a formal complaint after previous unsuccessful attempts to solve the issue over the phone with a call center operator. I am copying the Consumer Financial Protection Bureau responsible for supervision and enforcememnt of federal financial consumer protection laws. 

2. At the opening of my account with your representative XXXX XXXX XXXX at a branch located at XXXX XXXX, XXXX, NY, I expressly rejected to consent to overdrawing and any fees associated with overdrawing. I made such a decision on purpose in order to avoid unintentional overdrawing and fees commonly associated with it. Therefore, I assumed that overdrawing from my account was not possible under any circumstances. 

3. On XXXX XXXX 2014 I deposited a check of XXXX USD issued by a third party. Consequently, I conducted XXXX transactions totaling XXXX USD. At that point I was not aware of the fact that the check had not been deposited to my account, as the Bank had not notified me that the check was not valid due to the issuer fault. Moreover, the Bank did not notify me that the account balance was not sufficient to cover the concerned transactions. The Bank charged me XXXX USD per each transaction, in total XXXX USD as an overdraft fee. This means that the Bank let me overdraw my account without notifying me of the failure to deposit the check and without my previous consent the Bank charged XXXX USD overdrawing fee. Furthermore, as a consequence of the previous, the Bank closed my account and claimed the fee thus effectively preventing me to settle the balance. 

4. I would like to emphasize that pursuant to law banks are required to disclose any fees when the deposit account is established and they may not assess an overdraft fee on an ATM or one-time debit card transaction if the account holder did not affirmatively consent or agree to the fee. I claim that these conditions have not been yet, particularly as I have never provided any consent. 

5. Therefore, I request cancelation of XXXX USD overdraw fee and notification of the payment method to settle the outstanding XXXX USD claim. 

XXXX XXXX 
