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Bank of America sued over mandatory arbitration

Clark has long objected to companies putting mandatory arbitration clauses into contracts. Many car dealerships, home builders, cable providers, cell carriers and others do this. Why? They want to be able to cheat you and not worry about consequences.

The city of San Francisco now is suing Bank of America over its mandatory arbitration process. Stacked-deck kangaroo courts allow BoA to win 99.9% of the time with the arbitrators they choose. Sounds like the results of a Third World election.

One supposedly impartial arbitrator in Minneapolis has heard more than 18,000 cases. The arbitrator found for businesses 18,045 times and for the consumer 30 times. How can that be unbiased?

Clark loves alternative dispute resolution, which offers a mediation process where both parties agree not to go to court and instead arbitrate in a mutually decided upon forum. But that's not what BoA is offering; their arbitration is just a joke and they have no intention of fairness. The irony is that it will be up to courts again to decide if BoA's use of the mandatory arbitration process is fair. Boy, that bank is lucky that Clark's not sitting as the judge!

Unfortunately, Clark won't be able to answer any questions submitted via commenting. If you have a question, please try posting it to our message boards.

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What others are saying

  • Bank Of America
    I am also a small business owner, and tend to vote for whomever is pro-business. However, the big banks are taking advantage of people, participating in unsavory business practices, and make a lot of errors in their favor. I am not against capitalism or making a buck. However,it is bad when banks change the interest rate on something that was charged in the past, have special software to maximize overdraft fees, change due dates on cards to induce higher fees, or worse delay posting payments so that they can get the late fee. I hope that we get someone in office that will stop this madness. It has really gone too far. I know people that have had a really tough time with Bank of America. However, Citibank is the worst. My Sears account, which is really Citibank decided to change my due date on the card last month. They sent me the bill on the 25th and the payment was due on the 27th. My choices were to 1) pay it over the phone with a fee 2) Drive to Sears or Kmart and pay in person. I decided to stop by Kmart. They still charged me a $39 late fee. It was removed after faxing them a copy of the store receipt(pain in the a..). Word of advice, never put your payments in any payment drop off slot at Lowe's or Sears. If their credit is managed by Citibank, who knows whether or not it will get posted. Sears/Citibank is still charging me for an order that was canceled in November. I had to send them 15 pages of supporting documentation and they still have not made a decision about the credit. CitiMortgage is just as bad. On one of my rental properties, they did not pay the homeowner's insurance. However, they took the money out of escrow and the policy was canceled. I am thankful that the property did not burn down. Another time they did not pay taxes(different property) The scary thing about all of this is the fact that it usually takes 10 representatives before they can correct any error. I feel for the people out there that 1) Do not keep good records 2) Cannot understand complex banking errors 3) Do not have a background in business or a business degree. This leaves a whole lot of people that are more or less unarmed to defend themselves against a big bank. If they do manage to prove them wrong, they can always go to arbitration.
  • BOA Arbitration
    It is hard to tell what the numbers mean unless you have all the facts. I would like to know how many of those suits or complaints were frivolous. As a small business owner, I think arbitration or mediation is an excellent way to stop frivolous lawsuits as it is my understanding that somebody with a "suit" against you would have to put up some money (which they could lose to you).
  • Oops, I accidentally posted my comment to the wrong place. Sorry about that.
  • Discover Card ripoff
    I recently refinanced my Discover Card loan which was about $8,700 through my local credit union. The loan was paid on 3/298/08. Although Discover's closing date is 4/2 and they were paid before that time, they still managed to sock me with nearly $85 of interest. However, according to their voice system, I had a credit of $39 and then received a bill in the amount of $46 and change which ate up the $39 credit. Customer Service took of the $46 charge but I'm also not getting my credit. Is there anything that can be done about this? I had been a loyal Discover card user for over $20 years but have since relegated them to the "never use" pile. Any information will be appreciated.
  • BANK OF AMERICA
    We are delighted to have closed our account after 25 years as a customer. We experienced incredibly bad service in the past few years. Thank goodness for Wachovia!!

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This week's poll
NYC health inspectors have been handing out violations to chain restaurants that don't post calorie counts on their menus. What's your take on this?
I believe in what the inspectors are doing. Long live the food police.
This isn't a legitimate function of gov't-paid employees.
I couldn't care less. I'd be eating at home to save money!
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