Unauthorized Bank of America Credit Card

[gackle]

Re: Unauthorized Bank of America Credit Card

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]

Re: Unauthorized Bank of America Credit Card

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]

Re: Unauthorized Bank of America Credit Card

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]

Re: Unauthorized Bank of America Credit Card

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]

Re: Unauthorized Bank of America Credit Card

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....

[gackle]

Re: Unauthorized Bank of America Credit Card

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]

Re: Unauthorized Bank of America Credit Card

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]

Re: Unauthorized Bank of America Credit Card

Yes, do keep us posted...

[poundwise]

Re: Unauthorized Bank of America Credit Card


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]

Re: Unauthorized Bank of America Credit Card

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/complaints/default.htm

[gackle]

Re: Unauthorized Bank of America Credit Card

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]

Re: Unauthorized Bank of America Credit Card

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]

Re: Unauthorized Bank of America Credit Card

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]

Re: Unauthorized Bank of America Credit Card

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]

Re: Unauthorized Bank of America Credit Card

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!