FIA and West Asset Management: Sued For Inappropriate Conduct

November 12, 2011: Linda and Millard Long were married for 39 years. Just last year Millard died of cancer, leaving Linda heartbroken and broke.

Millard had a $16,600 dollar credit card balance he left behind. Weeks after he passed, Linda says she got a call from a debt collector from West Asset Management, a company that said it was trying to recoup money for Bank of America.

Linda said, "I can't believe they came after me like they did."

Audio tapes of calls to Linda from debt collectors paint a disturbing picture, first they tell her she's not obligated to pay up. "Be advised as a family member you are not personally responsible to pay this debt. "

Linda Long proceeds to tell the caller her husband did not have an estate, and none of the debt was in her name. Meaning, under Florida law Linda Long is not responsible for her husbands credit card debt, but, the collector doesn't stop.

The collector said, "I'm in a position to get the balance reduced to $12,500 if that makes any difference or if there's any family that can help with the situation." Long said, "We have nothing. I have no money. I have no savings account. I have nothing, so there's nothing left in his, I mean he has nothing."

Weeks later, another call. Linda said, "I just don't have anything. there's nothing." The debt collector said, "Ok,ok. Was there any life insurance that was left for Mr. Long?" 

Linda said, "Just a small life insurance, it'll probably, it's only a couple thousand dollars. That's all I've got." She continued, "Like I say, if I give you two or three thousand dollars, then I don't have anything left, now do it? I'm just gonna be on my own."

After approximately 15 phone calls and multiple letters from FIA Card Services and West Asset Management both claiming to call on behalf of Bank of America, Linda called a lawyer.

Attorney Billy Howard with Morgan and Morgan said, "They were ruthless and brutal and continued to harass her and abuse her and try to get her to pay this debt even though she had no money."

They filed a civil lawsuit against Bank of America , FIA and West Asset Management and were able to get Bank of America to produce copies of the audio tapes of the debt collectors' calls to Linda.

Bank of America responded to the suit claiming it did nothing wrong. They gave us this statement regarding their debt collectors policies and procedures:

"Due to privacy and confidentiality, we cannot discuss details related to a specific case. Bank of America follows all applicable debt collection laws. Vendors are also required to comply with all federal and state regulations that pertain to collections."

Linda Long didn't give the debt collectors any money but Howard says many have.

"You need to find out who's calling you . You need to ask the debt collector, you mean I'm responsible for this debt?"

Bottom line, here in Florida, if your name is not on the account, Howard says, "If somebody that passes away that does not make a spouse or family member liable for that debt, in fact if someone passes away, your spouse is not liable for that debt."

Linda Long thinks of her husband everyday, and hopes her pain shields others from a second heartache. She says, "I hope I can help other people not go through this anguish. It's terrible."

Long's case is set to go to trial next August.

Lacy Katzen LLP: Lawyers for FIA Card Services

Lacy Katzen LLP is located at:

130 East Main Street

Second FloorRochester, NY 14604

They have been known to represent FIA Card Services in collection lawsuits.

Don't be afraid of them just because they are lawyers.

Lawyers collecting debts still have to validate debt. 

As we have seen, FIA Card Services does a poor job of providing the required debt validation information.

If you hear from Lacy Katzen, send them a debt validation letter.

FIA Card Services/Bank of America Named in Timeshare Lawsuit

This is an interesting story.


Note how the Bank of America and FIA Card Services delay and delay…all the while, they are making money off of the transaction.


It is small wonder many people are calling for a boycott of the Bank of America and FIA Card Services!

West Virginia Files Suit Against Bank of America and FIA Card Services

West Virginia Attorney General Darrell McGraw is charging another bank with violating the state’s consumer credit and protection act.

The suit against Bank of America Corp. and FIA Card Services contains allegations stemming from how the banks market ancillary fee-based services.

In the Bank of America suit, McGraw claims that defendants marketed these services in a deceptive manner. McGraw claims that these services are “most aggressively” marketed toward consumers with “subprime” credit or who have low credit limits.

“When consumers apply for and receive defendant’s credit cards, a process is triggered whereby a consumer can unknowingly and unintentionally sign up to receive ancillary services,” the suit states. Thus, consumers are enrolled in services without their consent in a process called “slamming,” McGraw claims.

“Enrollment may be based on highly deceptive and misleading telemarketing calls, forged or non-existent mailers, online applications, or nothing at all,” the suit states.

The Bank of America case claims defendants used deceptive telemarketing to enroll consumers into these programs.

The suit states that defendants characterize the call as a courtesy to thank cardholders and remind them of benefits they already get through credit card agreement, “when in fact they are calling to sell ancillary services.”

McGraw claims telemarketers rushed through or “butchered” the required information. The suit additionally states that when telemarketers asked if customers understood, they treated the agreement as authorization to enroll in the plan.

Another tactic McGraw claims the companies used was to ask consumers if they wanted a packet of information on these fee-based plans. Once again, the suit claims that the companies treated the affirmation as authorization for the paid enrollment.

“Defendants know that slamming occurs frequently. In fact, the refund process itself is set up on the assumption that consumers have been deceived and do not understand that they have been enrolled,” the suit states.

McGraw also claims that these services are tethered to the consumer’s credit card and are billed directly to the account. However, there is no separate bill. Charges instead appear among other purchases on the cardholder’s monthly statement.

“When consumers call to cancel within 30 days of being re-enrolled, they are supposed to get their money back no questions asked, and defendants make no effort to then determine how the cardholders were enrolled without their authorization,” the suit states.

McGraw requests the court to award recovery of excess charges and to impose penalties of up to $5,000 for each violation.

FIA Card Services Settlement Average: 30 Cents On The Dollar

These days the typical FIA Card Services settlement is for 30¢ on the dollar. 


Offer them 15¢ on the dollar and take the 30¢.


Make sure you get it in writing though as the Bank of America is a deceptive organization.


If your account goes to collections, send a debt validation letter. Note that debt collectors are rarely able to validate these debts!

FIA Card Services: Selling Collection Agencies Short!

Recently, someone received a collection notice from Client Services. This prudent "someone" sent a debt validation letter.


You can see what came back. A pile of statements from 2004. Seven years old!


This doesn't qualify as debt validation.


This isn't Client Services' fault. They are working with whatever FIA Card Services (and therefore the Bank of America) made available when the account went to them.


It is not enough to collect. In this case, Client Services bought a worthless account.


It is kind of fitting, given the abuse they have been known to dish out.


So this is a warning to collection agencies-FIA Card Services has been known to sell junk!

FIA Card Services: Poor Choice of Collection Agency!

FIA Card Services is assigning accounts to Northstar Location Services. It is quite clear that however the "transfer" takes place, there is not enough information for Northstar to validate the debts they are attempting to collect.


Northstar advises that they must get the data from their client. Given that FIA Card Services is part of the Bank of America, and since the Bank of America is in the process of self-destructing, it seems unlikely that any proper validation will take place.