Consumer complaint received 2022-06-08
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NJ
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Advertising and marketing, including promotional offers
Sub-issue: Confusing or misleading advertising about the credit card

Complaint:
In XX/XX/XXXX, I contacted Bank of America because I had received an email promotion indicating that I was eligible for lower credit card payments. I contacted the number from the BOA app to inquire more about the offer. It was explained during the call that the accepting the offer would mean my credit card accounts would be closed, at which time I then declined the offer and did NOT provide consent to be enrolled in the program. 

XX/XX/XXXX I start getting notifications that my credit score has dropped signficantly. I look at my credit report and noticed my two credit accounts were closed. 

I contacted BOA the week of XX/XX/XXXX to explore what happened. The call was transferred to an escalation manager, XXXX, who confirmed that the note in the record for the XX/XX/XXXX call indicated I did NOT consent to be enrolled in the program. He informed me he would take a look into the recording of the original call and get back to me by the end of the week. XX/XX/XXXX - he followed up and reported that the recording of the call also clearly indicated that I declined enrollment into the program and wished to keep my accounts as is. He stated this is 100 % their error and an issue they need to correct. He informed me that he is going to contact me the following week to see how we need to move forward to resolving the issue. 

I received a call from him on XX/XX/XXXX, however, we did not connect via phone until XX/XX/XXXX. At that time, XXXX informed me that he would be connecting me with the department that handles special requests such as this. I inquired with him if this would mean my accounts would be reinstated and if they would also need to be taking action to restore my credit with the credit bureau which he confirmed. I was then transferred to XXXX XXXX XXXX, who was unfamiliar with the case and needed to consult with XXXX and " be trained '' on how to do " the process ''. She read me disclosure over the phone. She also confirmed that this process was to reopen my accounts and reverse the damage done to my credit. I was informed I would receive notice in the mail. 

I received notice today, XX/XX/XXXX, that " we're sorry -- we can't re open your credit card '' for both accounts both indicating the reasons to by " the terms of this account are no longer available ''. The letter was dated for XX/XX/XXXX, the same date of the final phone call. I additionally received a letter with terms for the " special repayment program '' I still did not consent to stating that the program was effective as of XX/XX/XXXX - a date I did not speak with any representative other than to return XXXX 's call. 

the week of XX/XX/XXXX, I then spoke with XXXX XXXX, another escalation manager, who informed me my accounts could not be reopened because I did not " respond in the 60 day window '' to a letter BOA claims was sent via US Postal Service in XXXX but I never received. The only way I was notified that my accounts were closed was that I looked at my credit report. There have been no additional attempts to communicate that the account was closed, and if I access the online account it still indicates I have available credit on the account with no indication the account is inactive. 

on XXXX I spoke to a " second Level manager '' who informed me that BOA can " close my account at any time '' and " review my credit randomly '' and this was why my accounts were closed, not because I was enrolled in a special payment program. She informed me that when I called BOA about the promotion, it prompted them to " look further into [ my ] credit '' and then they closed the accounts. I also did receive a letter on XX/XX/XXXX that I am in a special repayment program, despite during this last phone call the rep informing me I was not. 

I feel as though I was lured into an unfair credit review for an existing account. They sent the promotion, that enticed me contacting them, that led them to take action on my account. Although they claim they can " review and close accounts '' randomly, this was no random and was directly correlated to this promotion, a promotion I might add was ultimately for a debt relief program in which participation would result in closure of your accounts. I feel very strongly that if BOA did not send this advertisement, I would not have anything I would be trying to resolve. I would have continued making payments, on time, as I have been for the last 15 years as a BOA customer.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation