Consumer complaint received 2024-06-28
Product: Credit card — General-purpose credit card or charge card
Issue: Advertising and marketing, including promotional offers — Confusing or misleading advertising about the credit card
Company: BARCLAYS BANK DELAWARE (CA)

I am a XXXX individual who underwent XXXX XXXX and am a member of a protected class under the Americans with Disabilities Act ( ADA ). I have been a loyal Barclays client for nearly a decade, maintaining an XXXX FICO score and a spotless payment record. Recently, I encountered a troubling situation with Barclays promotional offers. 

While attempting to pay my bill online, I noticed XXXX promotional offers : XXXX for a XXXX or XXXX card, and another for a 3.99 % APR on purchases. Due to technical issues with the website, I called Barclays for clarification. During this call, I was informed that they could waive the annual fee for my existing titanium card. However, it was not clearly disclosed to me that accepting the fee waiver would cancel and delete the other promotional offers I was evaluating. The poor phone quality on their end exacerbated this issue. 

Subsequently, and in real time while I was discussing the gold and XXXX card offers, they disappeared from the website. When I inquired, the representative stated that I was no longer eligible for any offers for at least 90 days and provided me with a legal address to file a complaint. He further stated there was no guarantee if and when I would receive these offers again, however. The representative was unable to rectify the issue, despite calling me back several times due to the poor phone quality on Barclays end. 

Legal Basis for Complaint : XXXX. Americans with XXXX XXXX ( XXXX ) : Under Title XXXX of the XXXX, businesses must ensure effective communication with individuals with XXXX ( XXXX XXXX. XXXX ( b ) ( XXXX ) ( A ) ( iii ) ). The poor phone quality and inadequate disclosure violated my right to clear and accessible communication. Case law supports that failure to provide effective communication is a violation of the XXXX ( e.g., XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) ). 
XXXX. Fair Credit Reporting Act ( FCRA ) : The FCRA requires fair and accurate credit reporting and practices ( 15 U.S.C. 1681 ). The arbitrary cancellation of promotional offers without proper disclosure affects my credit options and overall financial planning. Case law such as XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) highlights the importance of accuracy and fairness in credit reporting. 
XXXX. Consumer Financial Protection Act ( XXXX ) : The XXXX prohibits unfair, deceptive, or abusive acts or practices ( UDAAP ) in the consumer financial marketplace ( XXXX XXXX. XXXX ). The failure to disclose the cancellation of offers and the subsequent denial of access to those offers constitutes an unfair and deceptive practice. Relevant case law includes CFPB XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX ( S.D. XXXX. XXXX ), which underscores the prohibition of deceptive practices. 
XXXX. Truth in Lending Act ( TILA ) : TILA requires clear and conspicuous disclosure of terms and conditions associated with credit offers ( 15 U.S.C. 1632 ). The failure to clearly disclose that accepting the fee waiver would result in the cancellation of other promotional offers violates XXXX. The case XXXX v. XXXXXXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) illustrates the necessity for clear disclosures in credit transactions.