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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
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Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I want to sue Bank of America in Small Claims Court for damages.

Customer Question

I want to sue Bank of America in Small Claims Court for damages. A personal banker submitted a credit card application without my consent when I inquired about Overdraft Protection. I complained to the branch and 800# XXXXX was only told they would look into it. As a result, my credit score has gone down yet again. I filed the paperwork for Small Claims but before I pay the $100, i want to make sure I'm not looking like a fool. I'm asking them to pay $8,000 in damages. This is the amount of one of my credit cards which (when paid off) will bring my score up. Does this sound over the top or am I on the right track? Everywhere I've read it seems banks generally settle before going to court.

Thanks in advance.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Your problems are 1) that isn't a proper measure of damages. You have to have something to base the damages on which would be the value of the reduction in credit score, not the payoff of a credit card debt to raise your score. It's not the same thing.

JD 1992 :

Also, banks do not generally settle before court. They may offer a lowball settlement but it will be very lowball.

JD 1992 :

To prove what the value of the reduction in credit is worth you would need to hire an expert but the cost of that is pretty high and, in addition, it isn't recoverable in the lawsuit.

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