Attention, Mr. and Ms. Middle-Class Americans: Corporate America Doesn't Give a Damn About You

 You're a middle-class American, right? 

You have enough money in the bank to be a Chase Private Client, which entitles you to a Chase Private Client debit card. 

You've accumulated enough points staying at Hilton hotels to hold a Diamond status on your Hilton Honors card. 

When you travel on business, you frequently rent cars from Budget, and you expect Budget to treat you with exceptional courtesy and to be helpful if you have a problem.

Let me set you straight in the parlance of our times. That don't mean shit!

American corporations don't give a damn about their customers, and their television ads, bonus programs, and so-called special services are just bullshit.

I have enough bucks at Chase Bank to qualify as a Chase Private Client. A few years ago, $3,000 left my account through fraud. Chase detected the scam in time to stop the transfer but concluded that the transfer had to go through.

I protested, pointing out that I was a Chase Private Client. The answer I got? "We treat all customers the same." When I contacted my so-called "financial advisor," he pleaded with me not to use the word "fraud" in my email messages because that would cause him trouble with the FTC.

I filed a complaint with the Consumer Financial Protection Bureau, the Federal Trade Commission, and the Federal Banking Commission, and I finally got my money back. Still, I learned from that experience that being a Chase Private Client doesn't mean squat.

I have enough points with the Hilton Honors program to qualify as a Diamond-Level customer. Big whoop! When I called late one night to make a last-minute reservation, some guy at the call center tried to get me to listen to a spiel about timeshares! 

Later, I stumbled outside the front door at the Hilton hotel in Halifax and scraped my elbow. My wife asked the desk clerk at the registration desk for some bandaids, and he replied that the hotel doesn't have a first aid kit. And by the way, the desk clerk said that without looking up from his cellphone. (He eventually found us some bandaids.)

Wanna hear about Budget Rentacar? I rented a Budget rental car at the Phoenix airport two years ago. Electric power went down, making the rental car center a chaotic nightmare.

The car I rented had a minor scrape, but I couldn't report that fact to any Budget employee due to the confusion caused by the electricity shutdown.  

When I returned the car, Budget claimed I had scraped it and billed me for $400. The Budget brochure I obtained at checkout stated that any dispute must be arbitrated and gave me an address in New Jersey. 

So I sent a certified letter to Budget's address in its brochure. You know what? Budget's hacks wouldn't accept the letter!

I finally got that straightened out, but I learned something from my experience with Budget. If you've got a problem, it's impossible to get in touch with anyone who has the authority to solve it.

I still patronize the Hilton hotels, bank with Chase, and occasionally rent a car from Budget, but I have learned something in my dealings with corporate America.

Corporate employees who interact with the public are generally polite and strive to be helpful. I always compliment these people when I'm asked to fill out an online survey. I always tip people when it is appropriate to do so. 

Unfortunately, the employees who work for corporate America are powerless to solve a customer's problems because the corporate shills at the top of the food chain won't let them.

Have yourself a nice day. And if you spend the night at the Hollis Hilton in Halifax, bring your own first aid kit!

Hollis Hilton: Bring your own bandaids

No reply: What to do when the corporate office won't respond to your complaint

This happened once before

When I cam to your door

No reply

They said it wasn't you

But I saw you peep through your window

                                                                                                                        The Beatles 

Have you ever tried to resolve a dispute with a corporate entity: a bank, a car rental agency, a credit card company? How did it turn out? Most times--I'm guessing--you just gave up without getting your problem solved.

A couple of years ago, Chase Bank flagged a fraudulent transfer out of my checking account.  Three thousand dollars of my money slipped into the account of a stranger through Chase's Zelle digital payment network.

Chase admitted that the transfer was unauthorized and that I was not at fault. But it refused to return my money. The word came down from on high: Once money is transferred through Zelle, it cannot be recovered.

My wife and I happened to be Chase Private Clients at the time because we had some retirement savings with Chase. Made no difference. 

I emailed the Chase broker, who was supposedly handling my money. He called me on the phone and asked me not to communicate with him by email because it could cause him problems with the SEC.

I made numerous phone calls to Chase representatives, and I spoke to a different person every time I called. No satisfaction.

Then I switched tactics. I made a phone call to the Consumer Financial Protection Bureau. To my surprise, someone answered my phone, took my complaint, and assured me that Chase would be notified that same day.

Then I filed a complaint with the Federal Banking Commission and the Louisiana Banking Commission. I also discovered I could file a lawsuit against Chase in a Louisiana small claims court. The cost? Only $25, and I could file it electronically from my home computer.

I was typing up my lawsuit when a Chase representative from "Corporate" called.  His voice sounded like James Earl Jones--in other words--the voice of God.

"Mr. Fossey," he intoned in a deep, stentorian voice,  "we are going to return your money."

We all know that big, multinational corporations have insulated themselves from their customers. You simply can't get through to someone who has the authority to fix your problem.

Here's what you need to do:

1) Be dignified. Don't curse, yell, or threaten the human-robot you talk with on the phone. 

2) Be patient and persistent and keep records of your communications.

3) File complaints with any federal or state agency with regulatory authority over the corporation that is stonewalling you.

4) As a last resort, sue the offending party in small claims court. 

I haven't actually had to file a small claims suit against a corporate entity. So far, I have gotten my disputes settled through persistence. But I think it can be a handy tool for confronting a recalcitrant corporation.

You can represent yourself in small claims court. You don't need a lawyer. And in Louisiana, you can sue a corporation doing business in the state through the Secretary of State's Office. Your state probably has a similar process for getting service on corporations.

Our soulless corporations get more greedy, more arrogant, and more indifferent to their customers with each passing day. If you get stiffed by one, you should fight back.

"Mr. Fossey, thou shall get thy money back."

 

Neal v. Navient Solutions: A simple student-loan dispute ends up in 12 years of litigation

 Trey Neal took out a private student loan with JP Morgan Chase Bank in 2008.  Neal and Chase signed a promissory note agreeing that interest on the loan would be governed by Ohio law. 

Later, Neal concluded that he was being charged interest at a higher rate than Ohio allowed.  So he sued Chase for damages.

Mr. Neal ran into two problems in getting this dispute resolved. First, he had difficulty determining the proper party to sue.

Chase sold Neal's loan to Jamestown Funding Trust, which assumed Chase's interest in the loan. Jamestown is "related" to Navient Credit Finance, an affiliate of Navient Solutions. Navient Solutions then became Neal's loan servicer. Apparently, Neal was uncertain about who owned the loan because he dropped Chase from the lawsuit and added four Navient entities as defendants to his suit.

Neal's lawsuit had a second problem: he had agreed to arbitrate any dispute over his student loan rather than litigate.

The Navient entities asked a federal court to order Neal to arbitrate his claim under Neal's credit agreement with Chase. A federal district court rejected Navient's request, concluding Navient did not have the legal right to enforce the arbitration clause.

But Navient appealed that decision to the Eighth Circuit Court of Appeals, which reversed the lower court's decision.  The appellate court ruled that Navient did have the right to compel arbitration under Ohio law. So Neal must submit his interest-rate complaint to an arbitrator, and Neal will probably be required to pay half the arbitrator's fees to get the matter resolved. 

A couple of points. First, Neal's complaint about the interest he was charged on his loan is a simple dispute, but it wound up before a federal appellate court that did not rule until 12 years after Neal took out his loan.

Second, Neal's private student loan became ensnared in a web of entities: 1) Chase Bank, 2) Jamestown Funding Trust, 3) Navient Solutions, 4) Navient Corporation, and 5) Navient Credit Finance Corporation, and Navient Private Loan Trust. No wonder Neal had trouble figuring out whom he was dealing with.

So Mr. Neal must submit his complaint to arbitration. 

One thing seems sure. Whether Mr. Neal wins or loses, his transaction costs will likely be far greater than the sum of money at stake. 

Thus, Neal v. Navient Solution teaches us all this message: Don't mess with the student-loan industry because it won't be worth your while.

References

Neal v. Navient Solutions, LLC, 978 F.3d 572 (8th Cir. 2020).