Bank Of America Fraudulent late fee/finance charge practice Wilmington Delaware

I hold a Bank of America Visa. I've had this card for several years, and it was originally applied for, and managed, by MBNA. I pay the balance in full each month, in order not to incur finance charges.

In January, as I have a few times in the past, I elected to make my payment by phone, as I realized I could not make the payment due date by mail, unless I used Express Mail service offered by the USPS. Since Express Mail and pay by phone fee are just a few cents apart in cost, I thought I could save myself a trip to the crowded post office.

I called on Thurs afternoon (Jan 10, 2008) to listen to the automated menu, to ensure my payment would credit to my account by the due date. Since it stated any payment made by phone before 5 pm EST would "be electronically transferred from the checking account you designate..." and "will be credited to that account as of that day, however balances will not be updated until the following business day." I have a recording I made of this message. This was the same automated message I had received when conducting previous telephone payments when the account was held by MBNA, and payments were credited on the due date, whether it fell on a business day or weekend. The payment was due on a Sunday (Jan 13th). I made the payment by phone Friday evening (Jan 11th), after 5 pm. The automated confirmation stated that 'your payment will be credited on the account payment due date of January 13th.'

When I checked my statement by phone on Thursday (Jan 17th), I discovered the payment was NOT credited to the account until January 14, 2008--making it one day late, and incurring finance charges. There is no late fee YET charged to the account, but the customer service representative I spoke with stated it may post tomorrow. The finance charges were refunded back to the account, but if a late fee posts, I was told less than half of it could be refunded back to my account. When I explained the automated message I received when making the payment, the rep told me "that it is just a glitch in our system. We DON'T post any payments received on weekends or after 5pm EST on Fridays."

Is this legal?

CatR
Stockton, California
U.S.A.