Where to start: the bank's own complaint process
Your bank has its own complaint department, and you must use it first. Most banks require you to file a complaint with them before you can escalate to a regulator. Call the customer service number on your statement or card, ask to speak to someone in complaints, and describe what happened. Get the name of the person you spoke to and the date.
If you prefer to write it down, send an email or letter to the bank's complaint address—this creates a paper trail. Banks are required to acknowledge your complaint within a few business days and give you a timeline for their response, usually 30 days. Keep copies of everything you send and everything they send back.
The bank will investigate and either resolve the issue, deny your complaint, or offer you a partial refund. If they deny it or you disagree with their answer, you can then file with a federal regulator.
Key Takeaways
- File a complaint with your bank first by calling customer service or writing to their complaints department; they must respond within 30 days.
- If the bank denies your complaint or you disagree with their response, you can file with the Consumer Financial Protection Bureau (CFPB), the Office of the Comptroller of the Currency (OCC), or the Federal Deposit Insurance Corporation (FDIC), depending on the bank's charter type.
- The CFPB accepts complaints online at consumerfinance.gov and investigates issues like unauthorized charges, interest rate errors, and account closures without notice.
- Federal regulators do not charge you to file and do not make the bank pay you directly, but they can force the bank to correct errors, refund money, or change practices.
- Keep all documentation: emails, letters, transaction records, and the names and dates of every conversation with the bank.
Which federal regulator handles your bank
The regulator you contact depends on what type of bank you use. National banks—those with "National" in the name or "N.A." after the name—are overseen by the Office of the Comptroller of the Currency (OCC). State-chartered banks that are members of the Federal Reserve are overseen by the Federal Reserve. State-chartered banks that are not Federal Reserve members are overseen by the Federal Deposit Insurance Corporation (FDIC).
If you are unsure which regulator handles your bank, call the bank and ask, or search the FDIC's bank lookup tool at fdic.gov. You can also file with the Consumer Financial Protection Bureau (CFPB) regardless of the bank's charter type—the CFPB handles consumer complaints about unfair or deceptive practices.
For most people, the CFPB is the easiest route because it has a simple online complaint form and does not require you to know your bank's charter type.
Filing a complaint with the CFPB
Go to consumerfinance.gov/complaint and select "Banks and credit unions" from the list. You will answer questions about what happened: the date, the amount of money involved, what the bank did or did not do, and what you want to happen next. You can describe the issue in your own words in a text box. The CFPB accepts complaints about unauthorized charges, overdraft fees you dispute, interest rate errors, account closures without notice, and refusal to correct errors you reported.
After you submit, the CFPB sends your complaint to the bank and gives you a complaint number. The bank has 15 days to respond. You will receive updates by email or mail. The CFPB does not investigate every complaint, but it uses complaints to identify patterns of wrongdoing across banks and can take enforcement action.
Filing with the CFPB does not cost you anything and does not require a lawyer. The CFPB will not force the bank to pay you, but it can require the bank to correct errors, reverse fees, or change its practices.
Filing with the OCC, Federal Reserve, or FDIC
If you want to file with your bank's primary regulator instead of the CFPB, contact them directly. The OCC accepts complaints at occ.gov/about/what-we-do/consumer-complaints.html. The Federal Reserve accepts complaints at federalreserve.gov/consumerscomplaint. The FDIC accepts complaints at fdic.gov/consumers/consumer-assistance/file-a-complaint.html.
Each regulator has its own form and process, but all require you to describe the issue, provide your account number, and explain what the bank did. You will need to show that you already complained to the bank and that the bank either denied your complaint or did not resolve it to your satisfaction.
These regulators investigate complaints about violations of banking law, unsafe practices, and unfair treatment. They can examine the bank's records, issue orders, and impose penalties. Like the CFPB, they do not pay you directly but can force the bank to correct errors or refund money.
What happens after you file
The regulator will send your complaint to the bank and ask for a response. The bank has a set number of days—usually 15 to 30—to investigate and reply. The regulator will share the bank's response with you. If the bank corrects the error or refunds the money, the complaint is closed. If the bank disputes your claim or refuses to act, the regulator may investigate further or close the complaint without taking action.
Regulators prioritize complaints that show a pattern of harm across many customers or that involve large sums of money. A single complaint about a $25 overdraft fee may not trigger an investigation, but dozens of complaints about the same fee may lead the regulator to examine the bank's overdraft practices.
The process typically takes several weeks to several months. You will not receive a check from the regulator; if the bank owes you money, the bank must send it to you directly, usually within 30 days of the regulator's order.
When to consider a lawyer or small claims court
If the amount of money is small—under $5,000—small claims court may be faster than waiting for a regulator to investigate. You file a claim in your local small claims court, pay a filing fee (usually $50 to $300), and present your case to a judge. You do not need a lawyer, and the process takes weeks rather than months. The judge can order the bank to pay you if you prove your case.
If the amount is larger or the issue is complex, you may want to consult a lawyer who handles consumer banking disputes. Many offer free initial consultations. A lawyer can review your documents, advise you on your options, and represent you in court or in settlement negotiations with the bank.
You can file a complaint with a regulator and pursue small claims court or a lawyer at the same time. They are separate processes and do not interfere with each other.
Documents to gather before you file
Collect everything related to the dispute: your account statements showing the transaction in question, emails or letters from the bank, records of any phone calls (dates, names of people you spoke to, what was said), screenshots of online banking if relevant, and your original complaint to the bank with the date you sent it. If the bank promised to fix something and did not, save that communication too.
Organize these documents in order by date. When you file your complaint, you will not submit all of them at once, but you will need them to answer questions about what happened and to support your version of events if the bank disputes your claim. Keep the originals and make copies for your records.
Frequently Asked Questions
Do I have to complain to the bank before I can file with a regulator?
Yes, in most cases. Regulators expect you to give the bank a chance to fix the problem first. File your complaint with the bank in writing, keep a copy, and wait for their response. If they deny it or do not respond within 30 days, then file with the regulator.
Will the regulator make the bank pay me money?
The regulator can order the bank to refund money or reverse fees, but the bank must send the payment to you directly. The regulator does not collect money from the bank and distribute it to customers. If the bank refuses to pay after a regulator's order, you may need to pursue the matter in court.
What if my bank is a credit union instead of a bank?
Credit unions are regulated by the National Credit Union Administration (NCUA). File your complaint with the NCUA at ncua.gov/consumers/file-complaint, or file with the CFPB, which also accepts complaints about credit unions. The process is the same as for banks.
How long does it take to resolve a complaint?
The bank must respond to your initial complaint within 30 days. If you escalate to a regulator, the process typically takes several weeks to several months, depending on the complexity of the issue and the regulator's workload. Small claims court is usually faster, taking four to eight weeks from filing to judgment.
Can I file a complaint if I am not the account holder?
Generally, no. You must have a direct interest in the account or transaction. If you are an authorized user or a joint account holder, you can file. If you are filing on behalf of someone else, you may need power of attorney or written permission from the account holder.