Few days ago I applied for a new credit cards. Today, I received the credit card in the envelop attached to a paper. On the paper that it was attached to it says that "Design Your Own Credit Card Today!". Okay, so I created my account for the new credit card and right after I sign in, there is another advertisement saying similar thing. I click on it and go through personalization and at the end I get an error message saying it cannot be completed as my card is being reissued. I call customer service, spoke for 40 minutes or so with 2 people, and at the end they told me that I cannot personalize my card until 50 days after using the card they just send me. I asked them to provide me some policy where it says, they said it's not in any policy, as this is just a bank procedure. I ask them then, that why it did not say anywhere, not even in the fine print when I was approving my new personalized card, that I need to wait 50 days, or why didn't it even say in the error message. Wouldn't it be false advertising? I mean, not only it's on the letter I received my card with and with big letters it says "today" not 50 days from today. Then on the website when I'm logged into my account, same advertisement sits there. Is this false advertising and should I pursue it further?
Thank you for the post, I am happy to assist you by answering your questions. Yes, it could be construed as false advertising and you do have a viable claim, but the costs to pursue the claim would greatly exceed its value as the harm suffered as a result is the delay in designing a credit card, though your current card may be used in the interim. therefore, you may be better served by filing a BBB complaint than actually pursing the matter via litigation. Please let me know if you have any follow up questions.
Well, since they would be at fault, wouldn't they have to cover all cost related to the process? BBB would not do much for me, they would only maybe fine the bank and that's it. What about using an arbitrary, which is actually what states on the terms and condition of my credit card that arbitrary should be used? Do I need a laser to use the arbitrary or I can go myself?
What costs are related to the process? Also, are you referring to an arbitrator? If so, the central question will be what harm you suffered as a result of the delay in receiving the personalized card and placing a dollar value on that harm.
there are no costs, just personal frustration, which I wouldn't have to experience if the bank wouldn't false advertise. I thought false advertising is not legal, yet, it's nothing we can do if we're the victim of it? I mean, yes, I'm not financial hurt by this false advertisement, but emotionally I am. It confused me, I spent significant time customizing my card since at first I thought maybe it's just a temporary system error and then I spent 47minutes on the phone with customer representative who also at first was lying to me that it is the bank policy to wait 50 days. When I asked him about the copy of the policy where what he said is stated then he returned with another answer that it's actually not in the policy but it's just one of the bank's procedures. So yes, no monetary harm, but frustration, spending my time on something I shouldn't be if not this false advertiser, disappointment. So regardless all that, the bank wins and I wouldn't get anything out of it? Or maybe they would lose but I would still get nothing for it? and they wouldn't even get punished? and me spending my time and my emotions, etc.?
They would be punished via the judgment in your favor and it being a matter of public record, but financially, because the harm was the loss of the benefit of a customized credit card but not access to the credit the card grants you access to, the case cost you more to present than you would recover. This is actually the law's way of disincentiving litigation.
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