Maybe he is training in Afghanistan...

Thanks for update (and the thread). Not the best news. Hoping for a successful outcome.

theficus said:[the judge] claimed he couldn't award any damages because my claims hinged on Bank of America violating federal banking regulations.

Always make sure when you file a complaint that you make the right claim (cause of action) or else your case will almost always be dismissed no matter what facts you have.

Appreciate the update.

bcmind said:have you tried consumerist.com and read the problem(s) that other people have with BoA?
I second that - consumerist would probably love this story.

LH2004 said:theficus said:My small claims court case yielded mixed results. Although the judge said he sympathized with my plight, he claimed he couldn't award any damages because my claims hinged on Bank of America violating federal banking regulations. I told him the OCC advised me to file in small claims court, but he insisted he couldn't award damages. He dismissed the case without prejudice and advised me to refile in federal court. I'm consulting with an attorney to pursue the case in federal court at this time.Is that something specific to small claims court? State courts most certainly do have jurisdiction to award damages based on federal law (with very few exceptions, e.g. patent and copyright infringement and possibly certain cases involving the United States). Is it possible to appeal a small claims dismissal? (Of course, it might be pointless if BoA wants to be in federal court and would remove the case if it weren't dismissed.)

Additionally, based on the facts as you've given them, you should have plenty of state law claims independent of any federal law violation.

I think you're right. I've shamelessly copied this section from "Zen and the Art of Small Claims" (a web site that you can google)

The warrior's argument against this is International Science and Technology Institute, Inc. v. Inacom Communications, Inc.6, a 1997 Fourth Circuit Court of Appeals ruling that dealt with the federal anti--junk-fax law:

"... the legislative history of the TCPA supports our interpretation that Congress intended that private actions under 47 U.S.C. § 227(b)(3) be treated as small claims best resolved in state courts designed to handle them, so long as the states allow such actions."

If it can when it comes to junk-faxes, I don't know why you wouldn't be able to with other types of cases. Just cite the right statute. (IANAL)

ShakuniMama said:You should have never tried to make contact with her.
To put it bluntly, you should either give it up and avoid all the stress for fighting this in a federal court.

Not true... their attorney knew that he was going to ask for their surrender.

verruckterBaum said:Given the OP's claims (which I'm not disputing) of racial slurs, I certainly wouldn't talk to the OP in anything other than an official, recorded, "on the record" capacity if I was on the opposing side.

Oh I totally agree. They fscked up badly, and our not-a-terrorist friend is about to show us a dramatization of the US invading Iraq, where BoA gets to play the part of Saddam.

Here my experience....
I tried opening an BOA brokerage IRA account online and BOA approves it sends me all the literature then closes it without even informing me.
When I phone them they tell me that the risk dept decided that I was too much of a risk.

da555 said:Here my experience....
I tried opening an BOA brokerage IRA account online and BOA approves it sends me all the literature then closes it without even informing me.
When I phone them they tell me that the risk dept decided that I was too much of a risk.

Well, they saved you time anyhow. IRAs should always be opened at Vanguard, its retarded to have them anywhere else.