Bank Of America BOA Audio Tape of a Refusal to provide customer with it account information! Austin, Texas

I am not an attorney..but I can make a suggestion..

First off...if the "recorded" conversation was done without the other parties consent and knowledge..not only may it not be admissible  it court..but you could end up in trouble yourself. Video may be okay..but audio is very debatable in the eyes of the law. Why?..don't ask me but here is a copy of recording laws for Texas..which I guess this is where it took place...

So long as a wire, oral, or electronic communication—including the radio portion of any cordless telephone call—is not recorded for a criminal or tortious purpose, anyone who is a party to the communication, or who has the consent of a party, can lawfully record the communication and disclose its contents. Texas Penal Code § 16.02.

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of “oral communication,” Texas Code Crim. Pro. Art. 18.20.

A person whose wire, oral, or electronic communication is intercepted or disclosed has a civil cause of action against the interceptor or discloser. Texas Civ. Prac. & Rem. Code § 123.002. Such a person is entitled to recover $10,000 for each occurrence, actual damages in excess of $10,000, as well as punitive damages and attorney fees and costs. Texas Civ. Prac. & Rem. Code § 123.004.

In addition, unlawful recording of a conversation or disclosure of its contents with reason to know of the illegal interception is a felony punishable by two to 20 years in prison and a fine not to exceed $10,000. Texas Penal Code § 12.33.

If I was in your shoes I would just file a small claims suit...if what you are stating is true...it should be a slam dunk and you will recover funds...my bet is the bank will settle not too soon after the receive the summons.

With the Federal Trade Commission www.ftc.gov and Office of Thrift Supervision www.ots.gov. 

 

FTC compiles complaint data for other agencies in order to show a pattern of problems.   OTS actually works on your behalf to resolve the issue with the bank.

While the banks ignore valid customer complaints - they cannot ignore complaints that come in via the office of thrift supervision and they will resolve ASAP!

I had to file complaints with OTS regarding WAMU and GEMB,as neither would correct their mistakes..  Both resolved quickly once the OTS got involved.

Ronnie:

In the State of Texas, if the one party of the conversation is aware that the call is being recorded, then it is legal to record said conversation, even if the other party is unaware.

Only in the case of a 3rd party recording the conversation, and NEITHER party is aware that the call is being recorded, then it is illegal.  Unless of course the 3rd party has obtained a warrent beforehand.

The only time that a warrent doesnt have to be obtained by a 3rd party, is if the call was recorded from a cell phone.   The courts have not yet protected cell phone calls. 

In other States, the law require that BOTH parties must be aware that the call is being recorded.

It is very clear that people like you, and Karl hate Banks.  I would love to see where you would be without one!!!

Get a life, and get back to work

 

 

 

First, 'Google' this- BANK EXECUTIVES PROFITING ON THE DEATH OF EMPLOYEES, and read that article, & then make copies of it. MANY COPIES! Then 'Google' this- BANK OF AMERICA COMPLAINTS SECRET LIFE INSURANCE POLICIES, and read that article too. Then make copies. MANY COPIES!

'Binged' this- DR MANDELSTAMM OF KIEFF, and clicked on 'Controversy of Zion' and read the passage entitled- 'THE TALMUD AND THE GHETTOES', perhaps you might want to 'Google' this- RAHM EMANUEL, and go to the Wikipedia site and read about who he is, and his current position, okay? Make sure to read the first two sentences under- "Early and personal life."

It's hard to tell what the current status of this is.  It does appear that they have made a mistake and banks do make mistakes.  The issue is what was done to fix it.

Do they still say you owe the money.  Was the $50 "reward" they offered you taken off of the $400(so you still owe $350), or did they remove the entire $400 and gave you $50 on top of that?

As if it is the later, I am really trying to figure out what grounds you want to file a suit on.  Because they not only removed the amount but gave you $50 for your inconvenience(and when does a bank GIVE you money).  Which, in my opinion, seems fair because unless there is more than you have said it does not appear that this caused you any real issues other than some lost time.  Because as you said it was never turned over to a collection agency, and you didn't even know about it for 4 years.

As for recording your conversation this is also confusing.  It seems as if you were actually in the branch so was this a video or audio recording, and did they know about it.  If they didn't know about it you need to really look into the laws of TX to verify that you did not actually commit a crime.

The regulations that Ronny posted was correct and if you were in the branch you may have a good argument that they should not have a "reasonable" expectation of privacy so your recording was allowed.  But again this is where lawyers make their money so you need to be very sure of the legal grounds you are on before you pursue it.

When you say I am "FOS" for what I posted..I copied and pasted that right off the website for Texas state recording laws.

If you think it is FOS..then complain to the state of texas.

I was simply advising the customer that if they try to use a recording in court..it may not be allowed..and according to the stautes..there could be charges for doing so.

But of course if you had a half a brain..you would notice this.

Oh..and no need to tell me to go back to work..I have my own business and I AM working..thank you very much.

So perhaps this poster should not follow my advice and end up with a 10,000 fine? You would like that..wouldn't you?

Because if you weren't such an ASSHOLE..you would understand what words mean...here is the fist paragraph of the Texas laws I posted....

So long as a wire, oral, or electronic communication—including the radio portion of any cordless telephone call—is not recorded for a criminal or tortious purpose, anyone who is a party to the communication, or who has the consent of a party, can lawfully record the communication and disclose its contents. Texas Penal Code § 16.02.

Okay Mr. FOS know it all...since apparently you do not know what "tortiouis" means..perhaps you can "google" it..as Karl would say...."anyone can 'google' this."

Just to clarify the situation. No they didn't not remove the $430 charge, they didn't send to collection during the 4 year waiting period (whether it was intentional or not, they delayed and generated higher bill for me, and if I knew that at least at the time of opening an account in Austin, that would be only for 2 years, somewhere around $200).

As far as the recording goes, yes I did tell them in the middle of the meeting that I'm recording. On the top of that, I did research and Texas is a one party state, meaning you can record without even letting the other parties know about it, as long as you're the part of that conversation, which I was, sitting in his office for over an hour and discussing this.

I agree that Banks do mistakes, but they should be responsible for their mistakes, just like the hold customers responsible for managing their accounts, and they charge you over $30 if you spend a penny over of your balance.

I've tried solving this with Bank of America for 6 months, but they end up sending my account to collection agency, and that's why I'm frustrated now. If they were to send to collection, what was the reason that my account was not in collection for 4 years having a negative balance?

questions :

According to BOA policy (they claim this, I could never find that anywhere), that if you have a negative balance for over 120 days, you can NEVER open an account with BOA again.

1. Why then they open up an account for me with 2 years of negative balance? (over $200 at that time)

Another BS excuse was that : Maybe our rep overwrited the charges at the time of opening in Austin.
2. Ok, if that's the case, if they removed the charge to open an account, why are they charging me now? after 2 years that I've been with their branch, and 4 years of that safe deposit box being negative???

 Another excuse was, that BOA network is NOT sophisticated enough to alert from branch to branch about negative balances, and that safe deposit box is ONLY on a paper contract, and NOT in the computer database.

3.Really? Do you believe this crap? Everything is handled via Automated billing, after I explained the Asst Manager that he doesn't make any sense telling me this BS, and explained him that he just showed me a screenshot, which displayed my safe deposit box, he agreed that he is an idiot.

The funny part, that this all is recorded, so they can't backup, plus I do have the screenshot clearly showing that my account was active in Sep, 2009, and along that I have a contract which was signed in April, 2009 to close that safe box.

Another note to the person who thinks that I should get a life and get back to work :

Idiot, if you are wealthy and don't care of company's ripping you off, then you should not even be here, but it's clear that you're an employee of BOA, so shut the hell up.

First to Robert. Compliments on your post. Spoken like a true unbiased third party. Nicely done. Unlike many of the other common bank defenders.

Then to Karl. After the OP is done Googling everything that you mentioned, please explain how any of that will have gotten him any closer to getting back his safe deposit box fees. More proof that you're nothing but a bank employee in disguise, functioning as an Internet Troll.

Confuse and Conquer, or Distract and Conquer.

went to Betty's Ripoff Report about her credit card interest rate going from 10.99% to 32.44% back in September 2007 and read the '1st Update' to her Ripoff Report where it states this-

I am on your side..trust me. And the idiot that stated to "get back to work"..was saying that to me... for defending you.

I want you to win this and get your funds back..the bank either is making mistakes..or outright defrauding you if your post is accurate.

The reason I have concern about the recording is because all the bank has to do is say they did not know your were recording. Now unless you have it on tape that the bank acknowledges and accepts that you are recording this in an office..they can turn this around and sue you. Just like those 2 kids that busted ACORN with the video tape..you don't want the bank turning this around on you..which they will do in a heartbeat if you even threaten them with this recording.

Now like all laws..they can be subject to interpretation..and the bank can probably afford a better lawyer then you..well they have teams of lawyers on the payroll. And if the judge does not like you for whatever reason..they can nail you to the wall...even if you are in the right..

"So long as a wire, oral, or electronic communication—including the
radio portion of any cordless telephone call—is not recorded for a
criminal or tortious purpose, anyone who is a party to the
communication, or who has the consent of a party, can lawfully record
the communication and disclose its contents. Texas Penal Code § 16.02."

This section from the Texas statute states it IS legal to record and disclose..unless used for a criminal or tortious purpose. A good lawyer will harp that you are using this recording for tortious purposes..and trying to cause the bank financial harm.

What the lawyers will most likely argue....

Tortious interference of business.- When false claims and accusations are made against a business or an individual's reputation in order to drive business away.

Risky if you ask me..even if the claims are true in your opinion..the court decides this..and the best lawyer usually is the most convincing.

"Under the statute, consent is not required for the taping of a
non-electronic communication uttered by a person who does not have a
reasonable expectation of privacy in that communication. See definition
of “oral communication,” Texas Code Crim. Pro. Art. 18.20."

If the bank denies giving consent to being recorded..and you have no proof otherwise...all they will have to say is in the office of the bank..where private customer information is located..and on computer screens etc..that it is reasonable to conclude an expectation of privacy.

So why give the bank any ammo against you so they can turn the whole thing around and make you the defendant?

Try to work this out with the bank using reason..if that won't work..as I stated earlier..the summons to small claims court will most likely result in a quick settlement..no lawyers need to be involved. Unless of course something was left out in your post..if not...fight this till the end..I know I would.

the bank that purchased Countrywide & Merrill Lynch, and other banks like Goldman Sachs & Morgan Stanley didn't seem to want to purchase BofA? It's as if BofA was 'loaded-up' with all the TOXIC debt that Countrywide & Merrill Lynch had and other banks stayed away, right? It just proves that the ones running Goldman Sachs & Morgan Stanley must be very smart people, huh?

and read Kristin's Ripoff Report?

Have a nice evening.