Unauthorized Bank of America Credit Card - Page 2

gackle · #21 (**permalink**) 09-13-2006, 09:11 PM

After two and a half days of trying to reach the manager's boss in the regional office, I finally spoke with somebody tonight (after advising the secretary that I would be filing a complaint with the BBB if I didn't hear from somebody tonight). He could not find in his record anything that would place me in the branch shortly before Aug 21st. He promised to investigate and get back to me by end of day on Friday. I'll keep everyone posted.

prodigious · #22 (**permalink**) 09-14-2006, 12:03 AM

Bank of America Corporate Affairs
100 North Tryon Street
Mail Code NC1-007-18-01
Charlotte, NC 28255

For those getting no traction, perhaps a written

that just states the facts and kindly demands action will help.

Great to be Debt Free · #23 (**permalink**) 09-14-2006, 12:04 AM

Yes, do keep us posted...

poundwise · #24 (**permalink**) 09-14-2006, 06:38 AM

I would investigate the claim that a verbal 'yes' is all that is needed to initiate a request for a card. That may be BOA in-house policy but it certainly doesn't sound like a sound, legal position. It may, in fact, be true but I would check into that. If it turns out that they at least need your signature on something, then if they don't have that, you strengthen your case.

vsjhoc · #25 (**permalink**) 09-14-2006, 01:01 PM

If you want to make a complaint, skip the BBB and go to the Big Dogs: the Federal Reserve Board handles consumer complaints about banks. The Truth in Lending Act prohibits the unsolicited issuance of credit cards.

http://www.federalreserve.gov/pubs/c...ts/default.htm

gackle · #26 (**permalink**) 09-16-2006, 08:01 AM

Yes, I do plan on skipping the BBB. After reading their website, it seems to be more for inability to resolve complaints. I do seem to be getting help from BOA, albeit not at the pace I desire. The manager in the regional office did not call me back by Friday as he promised. Grrr......I'll be filing a complaint with the Federal Office of the Comptroller of Currency at www.occ.treas.gov.
Poundwise, I too find it interesting that all they require is a verbal 'yes' since they would not be able to prove their case against Title 15, Ch. 41, Sec. 1642: "No credit card shall be issued except in response to a request or application therefor."

vsjhoc · #27 (**permalink**) 09-18-2006, 11:56 AM

Quote:

Originally Posted by gackle

Poundwise, I too find it interesting that all they require is a verbal 'yes' since they would not be able to prove their case against Title 15, Ch. 41, Sec. 1642: "No credit card shall be issued except in response to a request or application therefor."

Let us know if you find out whether "request" includes a verbal request.

gackle · #28 (**permalink**) 09-18-2006, 12:17 PM

Will do. Unless he calls today, I probably won't be able to speak with him until Wednesday as I am going out of town. I record all of my phone conversations so I need to be home when I talk.

gackle · #29 (**permalink**) 09-22-2006, 01:37 PM

Okay, I finally got a resolution! The regional market manager called me back finally today (had to utilize the branch manager in order to get him to call me a week late. I think his secretary/call screener got tired of talking with me because she quit answering my calls!). He said the branches are sent lists of eligible customers to call about credit card offers. He said he has no evidence of me requesting this card and that it was just sent to me. After questioning him, he said he was aware of the verbiage in the US Code about unsolicited credit cards and that what happened to me was illegal. Disciplinary action is being taken against the branch manager due to this fact.
In the same part of our conversation about illegalities I asked him how a verbal approval from a customer can be proven. He said it can’t and that he is troubled by the legal position that it puts them in as well as that he thinks it causes more risk to the bank than benefit. Final resolution was that he has put notes on the accounts of my wife and I for no credit card offers whatsoever. This is note lasts for only six months though. I advised him the resolution I’m seeking is for this to NEVER happen again, not just for six months. He said they currently don’t have the technology to lock out offers permanently, but that he could put our names in his personal calendar for six months down the line to re-enter the note on our account. I told him if that’s what needs to be done then do it. We really didn’t want to go legal with this if we didn’t have to because all of our money is going towards the Dave Ramsey debt snowball program, but I think we had a slam dunk case. I’ve got recordings on my computer of two managers admitting illegalities.
I asked about the unauthorized switch from Visa and Mastercard to AMEX also in this conversation. I’ll put that info in the other thread I started above.
By the way, I mailed my complaint off to the Federal Office of the Comptroller of Currency yesterday. The Feds will now be aware of the violations of BOA.

gackle · #30 (**permalink**) 12-03-2006, 11:36 AM

I forgot to update everybody about my complaint to the Federal Office of the Comptroller of Currency. Basically I was pretty disappointed. I got a letter from the BOA Office of the President in Phoenix basically saying that we're sorry this happened to you and it won't ever happen again. What a letdown. I hope at least that others have learned from this incident!