Reader Dan says Bank of America called his old address and gave out his account details to the person who answered the phone. Luckily, that person turned out to be his father, though Bank of America didn’t know that. Once they did know they were speaking to a relative, they asked Dan’s dad to pay his bill for him.
Dan writes:
I got an interesting call from my father today. Turns out that when I moved to California and called Bank of America to change my billing info and phone number, they didn’t do it. Instead, they kept my old address and phone number, which is where my parents currently live.
I was a little late making a payment this month (my bad, and I intend to pay immediately). So, Bank of America calls the number they have on record, and the man who picks up tells them I’m not there. They then tell the man my account balance, that I’m overdue to pay, and the amount I’m overdue. Now, mind you, this is before the man they called tells them who he is. Strike one: Giving my account information to a perfect stranger who has already told them that he’s not me.
Then, when he questions the fact that they just gave him my account information, the rep asks who they’re speaking to, and he identifies himself as my father. At that point, they don’t apologize, but instead ask him, “Well, would you be willing to make a payment on his behalf?” He responds with, “No, I wouldn’t like to pay the bill for my 25-year old son.” Strike two: Asking my father, who is not on my account, the father of a 25-year old (not a 16 or 17 year old that he’s responsible for) and has nothing to do with my loan, to pay my bill.
No strike three yet, and I hope there won’t be one. I called to complain, and was forwarded to the voicemail of a call center manager. Since I’m on the west coast and it was already about 6pm my time, I’m cutting them a break and giving the benefit of the doubt that I’ll get a call back first thing tomorrow.
-Dan
That’s kind of you Dan. We wouldn’t be so generous. If you do decide you want to rid yourself of Bank of America, here’s a tip: Ask them about your interest rate.
(Photo: epicharmus )
More From Consumerist
-
Worst Company In America Semifinals: Bank Of America Vs. Comcast
-
Apparently No Bank Of America Safe Deposit Box Customers Have Ever Died Before
-
Bankruptcy Finally Ends Father’s 4-Year Struggle To Repay Dead Son’s Student Loan
-
Chase Won’t Stop Robocalling About My Low Account Balance: I Don’t Have An Account
-
Bank Of America Sends New Debit Card To APO Address, Then Remembers They Don’t Send Cards To APO Addresses
@PhantomSoul: Unfortunately with a lot of these instances of overzealous collectors a lawsuit is not likely because you would have to prove damages that you suffered. It’s not typically enough that you were exposed to the risk of something, but that you must have actually suffered damages.
Some state laws may provide automatic damages within the statute, however this is not generally the case.
@MissGayle: Loki is correct, the portion of the FDCA that indicates that it only applies to third parties is 803(6).
(6) The term “debt collector” means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another.
The difference can be seen when comparing this language to California’s language (where the state debt collection laws would apply)
1788.2.(c) The term “debt collector” means any person who, in the ordinary course of business, regularly, on behalf of himself or herself or others, engages in debt collection.
Apart from whatever laws they find, odds are that they are in violation of their own privacy agreement/standards. OP’s father certainly qualifies as a “third party” under the terms of the agreement. There ARE penalties associated with that.
@annelise13: Are you sure it wasn’t a phisher? Sounds like it could be one to me, trying to get all your info…
@BoomerFive: “I’m confused. You read consumerist, yet you still bank at BofA?”
Why, who are you recommending?
Between the ages of about 15 and 23, I can recall a few times when I answered the phones of friends and relatives who were having financial problems and were being harassed by creditors and/or debt collectors, and the person on the other end of the phone assumed I was lying when I said I was not that person. I got not only the details of the accounts in question but some serious attitude. What is that all about? I understand that many people might claim to be their own babysitters or cousins to not deal with the collectors when they can’t pay, but just assuming that the person you’re talking to has any business knowing anything about the situation isn’t right.
@alexander: yep. 10 yr sprint user: 2 problems; both resolved. 1 easily & 1 after having a lovely chat with a director. best of all – NO BILLING ERRORS.
be darned hard to function if boycotted all the idiot businesses on here.