Consumer complaint received 2019-08-05
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Advertising and marketing, including promotional offers
Sub-issue: Didn't receive advertised or promotional terms

Complaint:
On XX/XX/2019 I flew on Spirit Airlines from XXXX to XXXX  on flight XXXX XXXX. On that flight, I was induced to sign up for the Spirit World Mastercard, which is done through Bank of America.  The flight attendant stated repeatedly, "MOST flights are only XXXX miles round trip - so you get SEVEN FREE round trip tickets!" The flight was 3 hours long, and the flight attendant said this over and over again.  I have excellent credit (800+) and have not signed up for a new credit card for YEARS, because when you do it lowers your credit score (it lowers the average age of your credit lines and counts as a new credit inquiry, both of which negatively impact your score).  However, because my elderly parents have become ill and I need to make this trip at least once a month, I talked to the flight attendant about it and then signed up for the card. You had to sign up on the plane in order to get the bonus.  I tried to take the application with me to mail in later, but the flight attendant was adamant that I needed to give him the application on the plane, so I did.I recently tried to use the miles to book a trip.  I have learned that there are ZERO flights like the one I was on – from XXXX XXXX to XXXX, XXXXy CT – for XXXX In fact, that trip is ROUTINELY XXXX miles each way.  The only trips available for XXXX are not direct flights, and are very few.I also looked for other flights to other destinations, and discovered that the average ONE WAY trip is at least XXXX points.Plainly put, the flight attendant made a material misrepresentation to me (and to all the passengers), which induced me to signed up for a card, lowering my credit rating, all for nothing.I called Spirit, at XXXX on XX/XX/2019 at XXXX.  I spent 53 minutes on the phone, first with XXXX, who could do no more than recite the real rules of the program and offer to book me a flight.  I was then transferred to a “supervisor” XXXX, who repeated (repeatedly) the "real rules," offered me a measly XXXX miles, and said she was the “highest level supervisor” and could do no more. I explained that the “real rules” did not matter- your agent, your flight attendant, made a material misrepresentation and fraudulently induced me to sign up for a Spirit World credit card.  She said I could cancel the card – but I explained the damage has already been done.  My credit has already been impacted by signing up for a new card.  I told her this was false advertising and a violation of federal consumer protection law.  I explained I would be submitting a complaint to the Federal Trade Commission that takes consumer credit and fraud very seriously.  She stated that her “guest relations team” could do no more than offer me XXXX miles.  I then put a complaint in writing to Spirit and let them know that if they did not respond, I would report them and Bank of America to the authorities. I received generic email responses, first stating that "XXXX" was handling my complaint, then a few days later that "XXXX" was handling my complaint and they would get back to me in 72 hours.  This was a week after filing the complaint.  72 hours have come and gone and no response at all.  I am thus reporting them to the Consumer Financial Protection Bureau and to the FTC (the FTC directed me here).Credit and use of credit cards is a very serious, very complicated matter.  As I said, I have not opened a new card in years because of the negative impact it has on a credit rating.  I fly XXXX XXXX all the time and they offer a card, but I have not signed up because I feel the detriments are outweighed by the benefits. But when Spirit enticed me with 7 free trips, in the wake of my ailing XXXX XXXX XXXX year old parents, I took the bait. And bait is exactly what it was. Unfortunately, before I found out this was a fraud, I told a lot of friends and family about this great deal, too.  I can only hope that no one else signed up. I am extremely disappointed that Spirit will not stand behind their own agent's enticements.  The agent (flight attendant) was clearly peddling misinformation in order to get people to sign up.As another related matter, I have fulfilled the terms of the award program (used the card within the time frame to get the XXXX  bonus points), but as of this date, XX/XX/XXXX,XX/XX/XXXX weeks after signing up, I have zero bonus points. Spirit is currently the only direct flight to/from XXXX to XXXX that I can take to go home to my parents, so I had to pay cash and could not even try to use any points.  When I called the Spirit rewards program as outlined above, one of the women on the line (either XXXX or XXXX) said that on their end they could see that I do have the points - I refreshed my browser, closed and opened my app on the phone, and nothing shows up.  I would have to book through a live agent to use the points, and booking through a live agent costs extra.  It is a scam all the way around.I would like an investigation into the Spirit rewards false advertising, their failure to deliver the rewards promised, their failure to make the points available in a manner that allows me to use them without penalty.  Bank of America underwrites the card but said to discuss rewards points I have to go through Spirit.  Bank of American is benefiting from this false advertising scam and should be held accountable right along with Spirit.  BofA is collecting approximately 3% from the charges I have put on my card (approximately $1900 to date - done to produce the bonus rewards, which I later discovered are a scam).Thank you,XXXX XXXX XXXXXXXX XXXX, FL XXXXXXXX

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 non-monetary relief