Bank of America Insurance FRAUD. Where can I get legal advice?

[Kablooie]

My daughter, soon after turning 18, recieved a telemarketing call from Bank of America about Insurance.
She didn't agree to it and thought that was the end.

She recently was mystified at how fast her bank account went down. Several times it went below zero
without her knowing it so Bank of America charged her, very excessive, overdraft fees.

She then realized that BofA was taking out payments for the insurance every month.

My wife called to find out what was going on. After a long run around she demanded they prove that
my daughter agreed so she finally got them to play a tape of her "conversation" with the telemarketer.
It was a tremendously fast and complex reading of the contract with my daughter interjecting "yes" periodically.
My wife demanded a copy of the recording which we recieved today.

I checked the audio waveform and several of the "yes" statements were the same identical recording. Just
as I suspected her replies were spliced into the long legal spiel.

This is an out and out fraud perpetrated by Bank of America.
(We will be taking all our accounts out of BofA immediately)

Does anyone have advice as to where I should report this?
Is this a legal matter that requires a lawyer?

[NMDemDist2]

1. I think I'd contact my state's Consumer Affairs first

good luck!

[loudsue]

And I'd contact the State Bureau of Investigation, the State Atty. Gen. and get an attorney

that has access to a forensics lab.

You've got one helluva case if what you posted proves out.

:kick::kick:

[Kablooie]

7. My daughter's boyfriend's dad is a professional audio engineer.

He's also going to do an analysis.

[Sherman A1]

8. I would add...

Your State Division of Insurance and the regulatory body for banks as well. As it involved an interstate call, no doubt the FCC might also be worth contacting. I would add your state and federal legislators to the list for contacts (I believe in a CC the world approach when I get fired up). LTTE's to your local newspaper and a word to the local TV's investigative reporters. But, first contact BOA and let them know they can fix it, by putting the money back or you will contact every Federal, State and local agency that remotely has jurisdiction including the Coast Guard. You will be amazed sometimes at the response.

Good Luck!!!

[DRoseDARs]

2. Your state Attorney General's office might also be a good call to make. n/t

[DRoseDARs]

4. Just thought of this: Are you sure it was BoA itself or some outfit posing as affiliated with BoA?

Either way, sounds like you have a strong case of fraud on your hands.

[Kablooie]

6. It was a company affiliated with BofA. AIG

But it also says "Bank of America insurance documents"

[1monster]

13. AIG American General?

[Kablooie]

17. No. Some other AIG

[pnwmom]

3. And since this involved telemarketing,

your State Utilities Commission. Mine has always been very helpful.

[rumpel]

5. Was it not Levin just the other day

who held hearings on credit cards and BOA prez was on the witness panel?

I think he'd love to hear about that one.

[pennylane100]

9. I don't know what state you live in but

in California it is illegal to record a conversation without the consent of both parties so even if they thought your daughter had agreed to buy the insurance they could not use the tape to prove it as it was recorded without her consent. However, I am not a lawyer and could be wrong but its worth checking it out.

[Kablooie]

10. I'm in California. but the guy on the tape starts out saying...

"with your permission I have started taping."
Though obviously it's a guy reading from a legal script as fast as he can with my daughter's replies cut in.
It's very poorly done and is obviously fake.

Sometimes he even says "is that correct?", there is no reply and he goes on, "very good, now..."

[fed-up]

11. I also got call for my son for insurance after he opened a Wells Fargo acct

and a call from another insurance company stating that he had bought some "sports equipment" from one of those TV ads (the long ones-can't remember what they are called right now)



I answered the phone and when they asked to speak to my son I asked who was calling

they replied something to the effect that they were calling on behalf of a "reputable insurance company"-AIG sounds familiar, but I am not

positive

I asked how they got the number and that is when they asked if I was his wife (I hope not as he is only just 18)

I gave a vague answer and then they answered that they got his number from his making a purchase off a TV commercial that was selling sports equipment

I asked if there was something wrong with whatever sports equipment was being sold that would cause injuries and thus the need for an insurance policy, (yes, I was a wise-*ss, caller denied that was the reason) Then I made it clear that he was NOT interested in insurance and they had best take his name off the call list.

When I asked him about buying sports equipment from a TV ad he said he DID NO SUCH THING

then a few days later another call came saying they selling insurance and were calling because he had just opened a bank account at Wells Fargo

We are also in California and this took place in the last week or so...

[Gregorian]

12. Who did you contact at BofA to get that tape?

I've been going around and around with B of A about incorrect information they gave me over the phone that just cost me $1200.

I'd like to know how you got to the point where you actually found the recording.

I'm sorry to hijack your post this way. I'm just struck that they say they don't keep phone records of the automated phone service calls, but yet you say that you have an audio tape of a conversation. Just curious. Otherwise I've decided that $1200 just vaporized from my life.

And I do not know where you'd call, or I would help out.

[Kablooie]

16. My wife can be very persistant.

It took a lot of calls and arguments to get them to send us this (fake) recording.

She kept a detailed record of when she called and who she talked to. She's compiling the information as I type this.

Once we get the history of how this developed written down I'll have a better answer for you.

[EFerrari]

18. She deserves all the credit in the world for hanging in there.

Those predatory bastards. :mad:

[robinlynne]

14. yes it requires a lawyer! someone known by a friend, recommended, otherwise it is more of the same

(getting taken advantage of).

[Kablooie]

19. I've used lawyers recommended by lawyer friends of mine before.

They've never worked out very well.

It seems lawyers tend to recommend others they know.
That doesn't mean that they are the best at what they do.

[PhilipShore]

15. I think you could complain to OCC

I am not a lawyer; but I had an account with the "Bank of America" until they made a mistake on my account, that cost me around $700. I filed a complaint against the bank with the Federal Office of the Comptroller of the Currency.

[dysfunctional press]

20. DON"T LET THEM BUY YOU OFF!!

nail their balls to the wall, and maybe they'll stop doing this shit.

once you sign their non-disclosure agreement and cash their check- they've got no reason to stop.

[Kablooie]

21. Don't worry. This is not just about getting the money back.

It's about making sure that the proper authorities are informed and that something is done.
If my daughter was caught in this there must be many, many others also.