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Bank of America Hit With Class Action Suit Over Credit Card Fees And Charges

Steve RhodePosted by Steve Rhode
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On November 24, 2008 a class action lawsuit was filed against Bank of America, for deliberately engaging in a course of action that led to credit card customers to be intentionally penalized even though payments were made by the due date.

The suit cites, as an example, the case of Bruce Trombley who received a credit card statement with a closing date of October 2, 2007 that indicated that a minimum payment of $248.00 was due by Saturday, October 27, 2007. Mr. Trombley went into a Bank of America branch on Saturday, October 27, 2007 at 11:44 am and made a payment of $250. Bank of America subsequently notified Mr. Trombley on his November 2007 credit card statement that he was to be charged a late fee of $39.00 and his promotional interest rate would no longer apply even though Mr. Trombley made his payment by the due date.

The second example in the suit involves the case of Ryan Sukaskas who was charged a $15 pay-by-phone fee for making his payment on the due date. He had attempted to make the payment via the Bank of America website but the site indicated that since it was the date due that a payment could not be made via the site.

It is alleged that consumers have been made to pay fees, charges and higher interest rates due to breaches of MBNA, FIA Card Services, and Bank of America credit card agreement and violation of the Truth in Lending Act. The plaintiffs in this case state that Bank of America has profited from the charging of fees, other fees, charges and/or additional finance charges for payments on accounts received on the due date.

The primary issue here is if Bank of America failed to apply payments made on the day made without the imposition of additional fees and charges. Additionally it is stated that Bank of America is intentionally taken actions that are designed to increase the amount of finance charges, late fees, and other charges that customers must pay.

The other issue is that Bank of America appears to be out of compliance with the Truth in Lending act and Regulation Z of the Consumer Protection Act of 1968 that says that “A creditor shall credit a payment to the consumer’s account as of the date of receipt, except when a delay in crediting does not result in a finance or other charge…”

If you feel that you have been unfairly charged a late fee, a fee to make your payment on the due date, or have received an increase in the interest rate, even though you made your payment on the due date, you might want to contact the attorney in this case:

Peter N. Wasylyk
1307 Chalkstone Avenue
Providence, Rhode Island 02908
Telephone: (401) 831-7730
Facsimile: (401) 861-6064
E-Mail: pnwlaw@aol.com

Photo: James Callan

Source: Bank of America Hit With Class Action Suit Over Credit Card Fees And Charges

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Comments

I agree with you they do increase but I got a letter today saying they was cancelling my cards and I am always on time and I called them but the lady had such bad language I could not understand it

I agree with Bank of America doing this. I had a credit card bill due one month and that due date fell on a Saturday. I tried paying online at 11am but it indicated that since it was due that day, by paying online it will not post on my account until the next business day. Fine. So I go to the nearest Bank and is closed. I called a representative and requests for me to pay so I wont be late on my payment. She states it wont matter and that fees will still be charged because I did not pay Friday, the day before my due date? So i was charged $39 late fee but a pay by phone charge of $15. I tried to dispute with a manager and she claims, she is the Manager. She had very poor attitude and did not know how to treat customers. I guess I am not the only one.

Dear Mr. Peter N. Wasylyk,

I want to join the class action suit. My situation beats all.

In summary, I sent in a timely payment to B of A and they returned my check
saying that they did not have enough info to credit an account. Mind you, the check was stapled to the
tear off slip with all the info on it.

I called the card company and had them note in my file that I paid timely as the dates
on my check and their post marked mail prove it. I sent the check back a second time
with a cover letter stating to which account to credit and they returned the check a second time stating
due to lack of information as to who to credit the payment to. The morons who returned the
check wrote my account number on the checkI

I called the credit card company again and they said that I am required to write the account number on the check and that
they would continue to return it until I did so. I have never put the account number on my check; I just send in the tear off stub.

I have never had a problem like this in 20 years of using credit cards.

I want to sue these bastards!!!!!!

I am willing to supply all the details and copies of everything as evidence and cooperate to the fullest
with you.

Sincerely,

Keith Ponthieux
PO Box 605
Bencia CA 94510
707 315 4535

bank of america keeps turning on and off my ability to bill pay. i think they do this deliberately so that i can be late on my payments and then increase my interest rate and charge me more fees after fees…. i paid so much 3 years ago and i’m finally on good standing and paying 10x the minimum amount each month and now they turned off the ability to bill pay again!!! i’ve called several times to turn it back on and they can’t… and they tell me to go to an alternate site and after several months tell me i can’t pay there but to go back to the original site. so angry thinking about how much money was spent paying back just in interest alone since that first late payment after they turned off the bill pay ability!

Bank of America did the SAME thing to me! My payment was due on a Monday – since they have a payment cutoff time that goes by EST, and I am in MST, I went to schedule my online payment on Friday morning to ensure it being on time… DAYS in advance of the due date. The online system told me that my payment could not be posted on either Friday, Saturday or Monday, but it conveniently could be scheduled for Tuesday, making my payment a day late! Naturally I thought this was a computer glitch so I called their telephone banking. The representative told me that Monday was a bank holiday, and the only way at that point that I could schedule an on-time payment was over the phone, with a $15 fee. I asked her why they would schedule due dates on a holiday, and also why they could not accept free online payments but could accept charged phone payments. The representative advised me that my only options were to pay a $15 phone fee, or wait until Tuesday and pay a $39 late fee. They were unwilling to change my due date until Tuesday. She told me that a supervisor was not available to speak with me, I asked for a return call, which I never received. She said that I could make my payment on Tuesday and then call to get a credit for the late fee. Although, come Tuesday, when my payment was ONE DAY LATE, my interest rate was set to the default. It is absurd that banks can set your due date for a day that they are unwilling to post payments!

The same thing has happened to me with Bank of America. I would pay my bill in cash at the teller on the day that it was due or even a day before. My statement would come in for the next months payment & i would get hit with a late fee. They told me in order to avoid the late fee i would need to pay it 2-3 days prior to the due date on my statement because it has to be processed. This makes no sense to me especially where i am paying cash, they should be able to post it to my account immediately. Another thing with Bank of America that I have been fighting them for over a year on is somehow i was signed up for credit protection & I have been paying this monthly charge for 4 years. I took care of my ill father for about 8 yrs & all I did when it came to paying my bills was to pay them. I did not pay too much attention to the charges. When i called them a year ago to see if I could cancell this protection they told me i could. I asked the girl why this was on my bill & she told me that it would have been something i signed up for thru a direct mailing. They cannot provide me with my signature. They are telling me by law they only have to keep my signature for 25 months which i find hard to believe. I am not the only person that this has happened to. There is a website that has quite a lot of people that are going thru the same thing. The web site is: http://credit-protection-plus.pbwiki.com/. Something has to be done to Bank of America to stop them from doing this to the consumers. The OCC & the BBB has done nothing to help

I just got off the phone with them right now over my late fee on my account< my payment was due on the 3rd, like most people i got paid on the 1st(keep in mind i never missed a payment in my life) i went home and did my bills. i went online like usual and come to find out since my due date is on the 3rd(sunday) it wouldnt let me post until monday the 4th. I thought they would be understanding, i know how it works since i work in a bank. The worst company i have ever dealt with in my life. i was ripped off, i tried walking into the brach like 6mos ago and i was assessed a late fee casue i went in there at 1pm and cutoff was 12pm.I wish i could rid of these cards,,,Is the attorney still taking any statements or complaints or to join the suit???

We are looking for angry Bank of America customers to send us your story at FraudulentCharges.com. Whether is the horrible customer service, the outrageous fees, or something else, let us know today. These anonymous stories will be delivered to a national news source for an in depth report on how to avoid being scammed by your bank. Bank of America will finally be exposed on national television for the corruption and greed that all to many customers found out the hard way.

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