DavidScubadiver said: First, that's NOT their policy, as it would serve no purpose to record things for only a month. Second, retention programs are in writing, so they can't just flip flop like that. Third, destroying documents after a subpoena is served is a recipe for disaster that some people have tried to get away with, and wound up in very deep muck. Arthur Anderson and Morgan Stanley to name two biggies.

With all due respect, I didn't just pull that out of my ass. I worked in a call center (admittedly, not a bank) for about a year. We retained calls for "around a month", and I was privately told that we had no formal written policy regarding call retention, so that our manager could delete the calls "at his discretion" when he felt it "was appropriate". It was implied that if anything ever came up where the recordings could be used against us, they would have "been deleted already".

Who knows though, maybe for a giant like BofA it's harder to make that kind of stuff disappear.

jus2cusmyle said:since they basically tell you that they might record the call wouldnt that work backwards also they know they might be recorded. just because they informed you of it they also informed whomever is on the banks end. atleast from a common sense side of it.

hope all is fixed soon

This is really nice point. I guess at they know they told us, can we record assuming that both the parties are been told??

now i need to get recording device..

what about any online service about recording calls..?

Here's the audio recording of my final attempt at getting anywhere with the risk closure/fraud department, including the introductory "calls are monitored" notice.

You seriously need to get a tape recorder that doesn't make beeps. Also why didn't you call the legal deptartment?

Forget it. Talk to an attorney and move on.

Ficus, small claim court is usually for small amount only usually the maximum amount the small court claim judge can award you is $5,000 or less depending on each states.

Your only option is to seek a competent highly experienced attorney who cares deeply about justice to take Bank of America to court on your behalf. In addition to all damages your have suffered, complete return of your money, an competent attorney can also get punitive damages for you which can amount to millions and millions of dollar. The punitive damage was set up to prevent company from mistreating/abusing consumers and serve as a deterrent from businesses acting recklessly and/or detriment to society.

My advice is stop calling them. Henceforth, all communications you have with BOA should be in writing. You should write a complain letter to the local Bank of America where you opened the account...Address it to the Branch manager of that particlar bank And send that copy to the CEO (Chief Executive Officer...(the top guy) at Bank of America. You can found this information at your local library. Ask the librarian to look up this the name of the CEO and Headquarter of Bank of America. These two letter MUST be send via Certify Mail Receipt Requested. This way you have prove that you sent them and PROVE that they received the letters.

These will provide your attorney evidences to show the judge or jurrors that you have tried your best to solve the problems but to no avail. Therefore, your only alternative is bring them to court. This will further strenghten your punitive damages against BOA.

My advise is stop dealing with those jokers and seek an advice of a competent and compassionnate attorney. Most will provide FREE consulation. And some will even take the case on contigency basis (take a percentage of the award ONly if you win) or pro-bono (free). Never give up and be patience. Finding a good attorney may required you to speak to or call to dozens of attorneys. But you'll find one that will fight aggressively on you behalf.

sreebalt said:hi

I faced the similar situation( pain ) few years back with BOA and used to have only checking account with them.

Called fraud department several times to get the reason to close my accounts and they are so rude, always hunG up phone without giving any details. Even local BOA branch mgr who tried to help me got the similar response. Till today I dont have any clue why they closed my accounts.

More over I got a letter from a BOA SAYING THAT I can't open an account in any bank who is member of Risk Sytem( not sure about exact name) and tried to open checking account with Wells Fargo and they straight way rejected my application because my name registered in the risk system.
I believe you mean ChexSystems. I am very interested to know if and how you resolved that problem with Chex because that is another nightmare in its own right. You need now to contend with ChexSystems also. Were you able to open a new bank account by other means?

There could be a parallel thread on how the OP resolves the blacklisting by BoA vis-a-vis ChexSystems. ChexSystems fraud report could virtually cut him off from all banks for at least 5 years.

theficus said:The CSRs know the line is being recorded because my phone makes a beep when it's recording. I'm not going to lie and tell them otherwise. I have some more audio with another rude and unhelpful CSR. She claimed that "Bank of America monitors phone calls but doesn't record them." I'll try to post that in a few hours.

I called again this morning and spoke to a CSR without recording the conversation. She told me the following information:

1.) My accounts are closed as of 11/06/07. She then contradicted herself by stating that my accounts are open to receive credits only.
2.) Bank of America will send me my money when they "feel it's appropriate."
3.) They will deduct the several hundred dollars in fees from my refund check.
4.) I am blacklisted by Bank of America. They also share this information with other banks.
5.) It's not Bank of America's problem if all my payments bounce. It's also not their problem if they continue to take my paychecks and hold them. "You shouldn't commit fraud if you don't want to have these problems."
6.) There is a note on my account stating "CSRs are not to speak with this individual. He is known to record conversations. Refer him to our legal department only." She hung up on me after reading this. I guess she didn't see it until she read it to me.

I'm going to the courthouse Monday to file my lawsuit. I'll post updates as things happen.

I just called Bank of America again today to follow up on my issue as well. I was hung up on for the first time!

I even notified them that I complained to the OCC and Better Business Bureau, and she didn't seem to care. I only have about $1,500 tied up there, so I guess I should consider myself fortunate.

Maybe if people like you and me make enough noise...

I'm a semi-loyal Bank of America customer in a Premiere Banking relationship with them (thank you, Dr. Wife), and I'm having a hard time stomaching the treatment you're receiving. It's pretty appalling that they're refusing to give you straight answers in the first place, let alone jeopardizing your creditworthiness by bouncing your checks and bill payments, and treating you with such contempt on top of it.

I look forward to hearing more of this story, and of seeing it in the blogs and (please!) local TV reporting. Good luck to you.

--Chris