I don't see why everyone needs to berate the OP. He's out 88k and he's asking for advice... retroactively telling him how "stupid" or "tough" he is isn't going to help anything.

Theficus, I'm not a lawyer so I won't attempt to dispense any legal advice but I just wanted to say I hope this gets resolved soon, and in your favor. One question - is your last name somewhat common/has anyone else in your family had similar action taken against them from BOA (not immediate, of course, but perhaps some brothers or sisters you may not have spoken with in a while?)

Cut it out. OP is correct not to lie. Truth shall set yee free. And if they have 10 days to return the money, you can bet your time they will do so. I wouldnt waste time or money with a lawyer until their time is up. If you want to "gear up" start a word doc, creating numbered paragraphs, outlining all of the communications. You want that before you speak to a lawyer. Give it only after they know who you are suing in case they rep boa.

codename47 said:answer a question with a question. "why, are you recording?" or just turn the recorder off, say no, then turn it back on.

larrymoencurly said:This time the CSR tells me Bank of America "monitors calls but doesn't record them." The notice at the beginning of the call states otherwise.Most companies play a recording that says, "Calls may be recorded for quality purposes". Doesn't that sound like they're giving you permission to record them?

Any reasonable person (and jury) will understand that's a notification from BofA, not from OP.

"11/09/2007 - I post another audio recording. This time the CSR tells me Bank of America "monitors calls but doesn't record them." The notice at the beginning of the call states otherwise."

I want to clarify this, since I have worked at tech support a while ago.

No, companies do not record all phone calls.

When a new employee get online to answer the phone, manager or more experienced staff would listen to the call (thus "monitor the call") for training purpose. After each call, they may have a short conversation on how the new employee can handle it differently.

Recording is up to each person - if a CS feels the customer is out of line (angry, unreasonable, threatening, whatever), there is a "Record" button on the phone system, and he just need to press it to start recording. Certainly, for new employees, his mentor can initiate recording too (again, for training purpose).

Most of the case, nobody would bother with the recording. So, this statement from CS sounds about right.

Of course, each company is different.

Yosquire said:Advise is worth only what you pay for it. (fatwallet)

so, my free advise is: get a lawyer.That's good advyzzze.

DavidScubadiver said:sloppy1 said:Lesson learned: Don't keep all your eggs in one basket.Nah. BoA is a fine basket to have your eggs in. Its not like this problem won't work itself out right quick. Or my name isn't Ally McBeale.Still, I'd never keep my money in an institution with which I had debts because if there were any disputes about those debts, the bank could easily take my money.

Go to the local TV press. Play the slurs for them as well tell them that they are holding your money hostage. It's sweep month. They'll promote it to death, "can your bank hold your money hostage"? or they'll play the slur on air and show the bank's practice. In either event, will all the negative press about banks lately, and the fact that the press usually seek comment from the bank side before they air. It may get results fast.

On a side note, some banks do record every single call, they are stored for a short time 120 days unless an inquiry is made on them , those are stored longer

Good luck OP

mhesidence said:johnqh said:mhesidence said:johnqh said:larrymoencurly said:This time the CSR tells me Bank of America "monitors calls but doesn't record them." The notice at the beginning of the call states otherwise.Most companies play a recording that says, "Calls may be recorded for quality purposes". Doesn't that sound like they're giving you permission to record them?

Any reasonable person (and jury) will understand that's a notification from BofA, not from OP.

As long as both parties know the call is being recorded, doesn't matter who does the recording.

No, there is no meeting of mind. No CS would interpret it as the party on the other side would record.

It doesn't matter. Do you think the CSR always knows when they are being recored by a supervisor? There is no expectation of privacy in the call.

I've always confirmed any recording after their standard slop with: "I (first name, last name) acknowledge this call is being recorded or monitored for quality assurance purposes." That takes care of dual consent entirely. I would think this fulfills both requirements as the company has already stated they are recording so you simply ok it, that in effect creates the reciprocate relationship.

And my non-legal adivce would be to give them their time to follow through on their promise. Then:

1) If they give you your money back you could take them to small claims and sue for lost interest since they have already been proven guilty by means of your recordings and the fact that they gave you your money. Or if not small claims a fully decked out lawyer.

2) Have all your work prepared to present to a lawyer if they do not fulfill their stated obligations on time.

Either way wish you the best of luck OP.

OP,

I went through a very similar experience with USAA (with regard to the road blocks placed by the fraud department). Although I did not provide nearly as much detail in my thread, having read through your posts rekindles my dealings with USAA. The best advice I can give is to be prepared for a lengthy and frustrating process and to not expect your funds to be returned for many months. Do what is necessary to keep your accounts in good standing while the matter is resolved. As long as you've done nothing illegal, it should be resolved in your favor. Unfortunately, there is no quick fix. Good luck.