BoA Final Report

BoA Final Report

2/18/20

1. Introduction

Premise – it is because of intentionally poor service. Is there ever a time when it is so bad it is illegal? It is a surreptitious effort to boost profits.

Personal Experience – I was a marketing research manager and spent many years around questionnaires, telephone centers, and interviewers. One day listening to inbound BoA customer calls would prove the allegations described here.

Last Document Read – Bank of America online banking agreement (https://www.bankofamerica.com/online-banking/service-agreement.go). It does not indicate in any way that the offenses described are agreed-to.

2. Background

I had four credit cards with BoA. Before I reached the age when I could withdraw money from my IRA tax free, I took advantage of attractive balance transfer and credit card loan offers. My first BoA card I had for a long time and it had a high credit limit around $15,000. At one point the company offered my a business card that had no real association to a hobby business. Then I was offered a University of Georgia alumni card with attractive cash back, so I added that one. Finally, in early 2019 I was offered University of Michigan alumni card and I accepted that one as well. Obviously, I have excellent credit.

3. Details (from CFPB complaint)

ID FOR COMPLAINT SENT TO BANK OF AMERICA CREDIT CARD
191104-4521340

6/8, 6/9/19 confirm autopay settings new UoM card despite failure to make payment, had to make manual payment, pay late fee, etc.  5 screenshots.  LATE DUE warnings online.
7/8 erroneous $386.59 payment to same card despite settings pay min. due settings.  5 screenshots.
7/10 screenshot of $150 bonus payment finally showing up online; screenshot.  This was asked about numerous times (see below):  per promo, due at time of making $500 in purchases.  Still due with interest from time of qualification.  NEVER PAID.
7/10,11 numerous calls and chats with BoA over these discrepancies.  5 chat sessions emailed to self.
7/12/19 printout of emails, problem explanations mailed to BoA from Highlands Ranch Branch during meeting.  No reply at all.
7/11/19  Paid another card off in full online, $4388.33.  Screenshot.  No email verification at all.  7/12 screenshot.  No update or verification at all.
7/12 appointment made 7/11, email and screenshot verifications.  In person meeting branch manager Juli Christy and Amad (sp.) Highlands Ranch, CO.  Appt., meeting, all documents, credit card agreements, screenshots, 4 credit cards.  Fiduciary relationship.  They did nothing.  Later that day emai correspondence with Amad (sp.).  NOTHING.
8/8/19  BoA erroneously withdraws $4388.33 from my bank account.  Calls, chats, email to Amad (sp?), call to Cherry Creek manager and Boulder manager.
8/9/19 continued.  BoA refuses to correct.  I reverse charges with my bank for $368.33 and still unresolved $386.59.
August, 2019.  BoA cancels all electronic payments for 4 credit cards.  Harassing emails, calls, AND TEXTS begin for card paid off in full 7/10/19.  I answer one call number I recognize; it is a recording and demand for payment.  I explain in full to no one this card was paid in full last month.
Sat. 8/24/19 I make Jeffco Sheriff Dept police report #21920, 3 deputies at my home, for harassment.  Deputies review texts and calls on my phone and file report.  Juli Christy, Highlands Ranch, CO named as local contact.
End August, 2019 I sent 3 letters to BoA:  2 to El Paso, TX per credit card agreement and bills, one to Ms. Christy.  NO REPLY to this day to any of them (one indicated the problems with one card would be sent to another department)
Reply text 8/23/19 reviewed by officers indicates full payment and no charges since for that credit card.  Text/facts ignored by BoA.  Communications are one-way and payment demands, not a request for legitimate communication and this is illegal in Colorado.
Three (3) other mailings have been received from BoA demanding I call them.  This is not required (or beneficial) through the credit card agreements.  The contract/agreements say write to El Paso, TX.
Sat. 20/26/19 received email from Raju Patel, which he copied to sheriff’s office that they/he would “resolve;” no word and nothing has happened since.  He lied to law enforcement.
Monday 10/28/19 I sent a check, which I have to do, to pay-off 2 BoA credit card and pay to one of those mentioned above.  Payment has still not been credited.  This information was sent to Mr. Patel without reply.
This weekend, 11/1/19 I emailed information on the Fair Credit Billing Act to Mr. Patel, Amad (sp?) and the deputy investigating.
10/30/31  Despite blocking 3 BoA 800 numbers on my cellphone I received a voicemail from a harassing BoA phone number.

BoA must correct all the erroneous thefts and charges (direct theft and theft by conversion) to the one card and cancel it.

BoA must correct all failed or erroneous transactions to the other credit card, including interest and, per the credit card agreement (the contract) pay $50 for each failed, uncorrected, and wrong transaction.  In addition, I am still owed the $150 bonus for that card plus interest and  $50.

BoA must restore all autopayments for all cards.  One card mentioned above may still have a balance after all corrections are made.  It has a balance transfer on it and I paid a fee for that.  When things are resolved, I will pay it off in full anyway.

BoA must cancel ALL four credit cards of mine and sever all accounts.

After everything is resolved I will pursue local lawsuits with the local bankers involved.

RE attachments, I will have to convert email files to PDFs.  I assume this complaint process has the ability to come back and upload files.  I have them all.  Many were sent to BoA–they have been mailed four (4) letters and emailed maybe 12-15 more.

Incidents Before Cancellation

  • Autopay on new card didn’t work; tried to charge late fee.
  • Failure to pay $151 promo on new card.
  • $368 wrong payment refused to reverse.
  • Fiduciary failure of Juli Christy Highlands Ranch Branch.
  • Failure to reply to 7/10/19 letter and those allegations.

Incidents After Cancellation

Alleged Crimes

Fraud, extortion, conspiracy, theft, harassment. False credit reporting.

Analysis

t is complicated because it is based in customer service.  Have you ever seen the movie or read the book The Rainmaker?  In the Grisham book they are told to lie, i.e., ALL first requests for claims are denied.  From there it a matter of using the size and bureaucracy to every advantage possible.  With Bank of America it is clear the first-line customer service agents are told to lie.  This carries through to middle management and higher who I have dealt with. 

Another is the agreements or contracts.  With BoA there are two:  the credit card agreement and the online banking agreement.

There can be no doubt that it is known, an effort to illegally boost profits, and it is a conscious effort to both defraud and abuse customers.  It probably happens hundreds of times a day.

The primary reason this fraud is conducted is, if you do anything online, is through the online or digital contract.  Contact through  800 numbers and chats is not necessary or required per the credit card agreement; the primary breaches there are in terms of failure to respond to written requests per the agreement.

But again, it stems from "knowingly bad" (the quotes are my own) customer relations.  That will be documented here.  The conclusion is fraud.

Here is a place to start:

https://pcpfeiffer.com/boa/consumer%20financial%20protection%20bureau%20first%20boa%20complaint%202-13-17.pdf

Appendix

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