CFPB files lawsuit against Comerica Bank regarding federal benefits program

The Consumer Financial Protection Bureau filed a complaint Friday against Comerica Bank, accusing the regional bank of failing to administer a federal benefits program that uses prepaid debit cards.

The lawsuit claims Comerica Bank “intentionally terminated” more than 24 million customer service calls, charged more than 1 million cardholders ATM fees they didn’t owe and mishandled fraud complaints while providing federal benefits through the Direct Express prepaid debit card program.

“By deliberately disconnecting millions of calls and harvesting illegal junk fees, Comerica boosted its bottom line at the expense of Americans living on a fixed income,” CFPB Director Rohit Chopra said.

The Direct Express program is a prepaid card that beneficiaries of Social Security and other federal programs can use to pay for expenses including groceries and gas. Comerica has been contracted with the Department of the Treasury since 2008 to administer the program and handle customer service for the millions of Americans using the prepaid card, many of whom are disabled and older and don’t have a bank.

While the Direct Express website advertises 24/7 customer service, the CFPB alleges that “when people had problems with their accounts, it was often impossible to talk to someone who would help.”

Comerica filed an earlier complaint against the CFPB on Nov. 8, arguing the bureau had overreached in its handling of the case and “has failed to acknowledge that, as Financial Agent of the Direct Express program, Comerica generally acted with the oversight and knowledge or approval of the federal government,” the suit reads.

“Throughout the CFPB’s investigation, we have cooperated by sharing information and data to illustrate the unique nature of this program and the fact that we operate with the oversight of the Fiscal Service,” said Louis Mora, Comerica vice president of media relations. “Despite our good faith efforts to provide this critical context, the CFPB has consistently ignored our arguments and documentation.”

“We will continue to vigorously defend our record as the financial agent for the Direct Express program and remain committed to serving our cardholders,” Mora continued.

The CFPB has taken action against banks for mishandling benefits in the past, including in 2022 when the bureau fined Bank of America $100 million for mishandling state unemployment benefits in 2020 and 2021. The Office of the Comptroller of the Currency also fined the bank $125 million in a separate order.

— NBC News’ Steve Kopack contributed to this report