Unauthorized Bank of America Credit Card

[questions]

Has anyone received an unsolicited credit card from Bank of America?

I am trying to locate other individuals who, like me, have received
unsolicited credit cards from Bank of America; that is, people who have
actually had accounts opened in their name without their authorization.

I recently received a solicitation to apply for a credit card and,
although I ignored the solicitation, I later received a credit card in
the mail. I have since confirmed that a Visa account has been opened
without my authorization and that the account already appears on my
credit report with the 3 credit reporting agencies.

To be clear, I gave no authorization (written or verbal) to the bank to
open this account. It is not a renewal card -- I have no credit card
accounts with this bank.

It appears that this is a violation of the Truth-In-Lending Act -- "No
credit card shall be issued except in response to a request or
application therefor. This prohibition does not apply to the issuance
of a credit card in renewal of, or in substitution for, an accepted
credit card."

Please reply if you have been issued a credit card from Bank of America
without your authorization. Thanks in advance.

[poundwise]

Credit card issuers violate the law? No wayyyy!!

*sarcasm*

Sorry to hear. I hope you pursue action against them.

[terry1156]

My concern here would be that it wasn't someone who was trying to do some identity theft. If they had found the application you had thrown away and sent it in hoping to intercept the card in the mailbox or something like that. I would report it as an unauthorized account opening to the credit bureaus

[debtdude]

You've probably done this already but I'll say it anyway.

It's illegal for a lending institution to send you a REAL credit card in the mail without your authorization. In fact, many banks now send fake cardboard (pressed paper) or plastic cards with the words "your name here" or something like that. Perhaps people like the feel of a card and are more apt to fill out a reply.

side note: my 6-year old daughter had a huge stack of those!

You could have received it due to an identity theft issue.
You could have received it because of a computer glitch - I'm a programmer, I know they happen.
They might have pulleda Columbia House Record Club action and said "if you don't send us a reply to this low-rate introductory offer, you'll then allow us to send you the card at a higer rate with a lower credit limit. Doubtful but hey, why not.

I'd think the BOA would be quick to rectify this situtation as soon as you bring it to their attention.

[lindsay15]

Yes, I have received a credit card from Bank of America without authorization.

Two weeks ago, I went to deposit and get cash back. The teller asked me three times if I wanted to open a credit card. I replied to her (three times) NO, I already have a credit card with B of A. I don't need two.

Two weeks later I received the credit card.

I have talked to two bank representatives, who basically offered "sorry, just close the credit card."

I am interested in taking more action other than closing the card.

What are your thoughts?

[autoxer]

Originally Posted by lindsay15

I have talked to two bank representatives, who basically offered "sorry, just close the credit card."

I am interested in taking more action other than closing the card.

That is the easy way out for them. I'm sure there is a way to dispute it and get it removed entirely from your credit report, but I'm not sure how to proceed. I would certainly do something about it, because I wouldn't want a new account to have a negative affect on my FICO score while I'm preparing for a mortgage. Explain your case at creditboards.com, because there are some credit experts over there.

[poundwise]

From the FTC web site:

"Federal law prohibits issuers from sending you a card you didn't ask for. However, an issuer can send you a renewal or substitute card without your request. Issuers also may send you an application or a solicitation, or ask you by phone if you want a card - and, if you say yes, they may send you one."


Here is the FTC online complaint form:

https://rn.ftc.gov/pls/dod/wsolcq$.s..._ORG_CODE=PU01


You can also write to the National Bank Comptroller:

Comptroller of the Currency
Compliance Management, Mail Stop 7-5
Washington, DC 20219

[debtdude]

poundwise beat me to it.

[prodigious]

questions, poundwise, lindsay15,

Same thing happened to me. I've been with BOA for 12 years (previously NationsBank) and this is a first.

But with me I suspect the drive-up teller signed me up even though I clearly responded "NO thanks, I DON'T need it". I've spoken with someone who has worked such teller/bank jobs who stated management always presses underlings to push the cards on customers.

lindsay15, questions, have you made any progress thus far?

I'm considering what to do next. The card itself hasn't arrived in the mail, but probably will in a day or so. The account already shows on my BoA online info.

[justbee]

When you close the account write a letter requesting a specific note that the account was closed at your request, a notation about the credit being unrequested directly to BOA and keep your copy.

I have had bad experiences with BOA, they are so large everyone just passes the buck and says well there's no note about this or that on your file even when you take peoples names down. Check your credit also to see how they reported it (hopefully if you make a formal complaint it won't be on your credit report at all) but don't put it past BOA to make some kind of report on it.

[lindsay15]

I still have to write "the Letter" to B of A.
I went in to discuss the subject with the bank manager, with no outcome or even a promised phone call.
I have closed the credit card.
I have filed complaints to FTC and BBB. No response.

I am thinking class-action, but not sure of outcome, money to finance...

[ALEXalexALEX]

I'm in the process of slowly paying off my Bank of America credit card. Looking back on it, it was the biggest mistake of my credit history. Not only did they give me a huge line of credit for an 18 year old at the time (4,500), but, I have never been so disgusted at their level of customer service. It seems that the only relations that the bank has with its customers is through their wallet. The customer service will swear to death that they did all they can do about their own ****-ups without ever resolving the problems they created in the first place.

Not to mention the fact that there is no intercommunication with their company. You get told different things regarding the same issue, depending if you hear it from the branch or their national customer service line. I've illigetimately lost about 400 dollars in fees because of their screw ups with my checking account and I doubt I'll ever recover the money.

I will probably never use another Bank of America service for the rest of my life. I think I'm more than my account number and monthly payments, and simply, I don't like getting screwed. My advice, be very wary before even touching one of their credit offers in the mail.

[gackle]

I received an unsolicited B of A Visa card this week. My wife received one several months ago. The card doesn't show on our online statement yet. I have yet to do anything, but I will file a complaint with FTC and BBB. I plan to go into the branch office and demand proof that I requested this card. By my side will be my laptop as I document everything that is said. Any other advice is sure welcome.

[gackle]

I spoke with the general counsel for Texas state senator Jane Nelson in Austin today. She wasn't sure if the FTC was the correct website to file a complaint, but said that if it wasn't that they would probably forward it on to the correct entity. She recommended filing a complaint at www.occ.treas.gov which is the Comptroller of the Currency Administrator of National Banks. I found out today that the manager of the local BOA branch was the one that initiated my credit card and that the account is definetly open on my credit. I left a voice mail to arrange a meeting with this manager (no call back yet). At this point I am looking for specific references to law that mentions not being able to send unsolicited credit cards to people. I found the blurb on the FTC website as mentioned above, but it doesn't specify where it is in the U.S. Code. If anybody can help that would be great!

[gackle]

TITLE 15--COMMERCE AND TRADE

CHAPTER 41--CONSUMER CREDIT PROTECTION

SUBCHAPTER I--CONSUMER CREDIT COST DISCLOSURE

Part B--Credit Transactions

Sec. 1642. Issuance of credit cards

No credit card shall be issued except in response to a request or
application therefor. This prohibition does not apply to the issuance of
a credit card in renewal of, or in substitution for, an accepted credit
card.

(Pub. L. 90-321, title I, Sec. 132, as added Pub. L. 91-508, title V,
Sec. 502(a), Oct. 26, 1970, 84 Stat. 1126.)

I will post an update after I meet with the manager.

[gackle]

The manager called me back this morning. There will most likely be no meeting because he does not have proof that I requested this card. He said that a verbal 'yes' from a customer to a teller is enough to initiate a credit card. I did mention the fact that it is illegal to send unsolicited credit cards. At this point I told him that I would need from him a letter from each of the credit bureaus stating that this would not affect my credit in any way whatsoever. He advised that he would try, but may have a problem being a third party requesting something from the bureaus. I told him that if he needed to get me on a conference call to get authorization then that is something he needs to do.
My wife is fuming just as much as I am. We are seriously considering pursuing this further. We're not ones to take something to court, but since this happened to her in June 2005 and now to me we're just plain mad. There was no teller that ever even asked me if I wanted a credit card around the time of 8/21 when it was opened. Our next step will be to call Dave Ramsey today (if we can get through) and see what he recommends doing from here.

[Great to be Debt Free]

This happened to Dh too. He banks at B of A and I went in to make a deposit for him. They asked about the cc and I said "No -- and besides, I'm not even the acount holder, so you shouldn't even be asking me. I'm not even on his account. But 'NO' we don not want a B of A card."

Guess what we got in the mail?

Yep. Dh had to call and they gave him a hassle because it wasn't activated yet so they couldn't cancel it. He said he didn't want it cancelled, he wanted it removed! AUgh! I hate the fights withthese companies!

[autoxer]

Here's another thread full of victims: http://www.fatwallet.com/forums/mess...hreadid=623921

They must encourage their tellers to open a certain number of accounts...

[meaghanchan]

Did anyone hear the Dave Ramsey show today (9/06/2006)? This happened to one of the callers (the first one, or one of the first, if you want to listen to it). This seems to be a fairly common occurence. I actually have a Bank of America Visa (that I applied for) but this makes me rethink having any kind of account with them.

[gackle]

That was me, Meaghanchan (see 09:39 post). Dave recommended just sending some letters that would get certain managers fired and changing banks. He said that he doesn't have time to sue so he wouldn't do that. I was really surprised that he didn't know that sending unsolicited credit cards is illegal. Maybe he needs to frequent this website more often.
From reading previous posts I guess I am lucky that the manager I'm dealing with is understanding and doing what he can to fix the problem. The credit bureaus wouldn't talk with him so he wound up sending "letters of error" to the bureaus to wipe my record clean of this. Satisfactory result of this issue.
But I still want to find out why this card was sent. My banking record has no record of me visiting the drive-thru or lobby to speak with a teller since at least 6/28. The card was issued 8/21. Questions, questions....