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If you truly feel that they have commited a violation of law, then by all means, bring a civil action.
However, defendents can assert that a civil complaint is frivolous if it does not identify any statututory violation, and make a claim for award of damages and attorney fees. I would move with caution before bringing any civil complaint based only on what you want as opposed to what the law mandates.
@TheBoondockswrote:
So, you're suppose to wait for months? Keep calling in every 2-3 weeks? I understand that its not much of a reason but what do they expect me to do? They gave me no other choice but to do what I needed to do in order to get what I want.
I think people are suggesting you make up to three calls (and you will likely find that only 1-2 calls are needed).
In the first call you ask them if the card has shipped and if so on what date it shipped. You may well find that the card will arrive within two weeks of it shipping. The standard script for cust serv reps all over the country is "seven to ten business days." Double check that they have your correct address.
Assuming it doesn't arrive, call again two weeks after it shipped (add a couple days if there was a holiday, such as President's Day). Indicate that it hasn't arrived, and ask them to cancel that card and reissue you another.
Wait three weeks and call again, asking again for when it was that the last card shipped etc.
Most of those calls will prove to be unnecessary, since the card is just taking some extra time and will likely arrive. But even if you have to place all three calls, you will find that you spent far less time (and zero money) than you would have had you hired an attorney and engaged in a fruitless legal action.
On the other hand, you may get a great deal of pleasure from hiring attorneys and filing lawsuits. It may basically be a fun thing for you to do, regardless of outcome. Lots of people like doing that. In which case definitely go for it. I'm all about people being happy.
I'm just assuming that when you last talked to them, you verified the address they sent the card to. Even if the address was correct, your mail could have been misdelivered to another address. I've gotten mail for other people that didn't have my address. But not everyone will give it back to the post office for correct delivery and just throw it into the trash. So it may not be your CU's fault.
Cards do occasionally need to be resent. Ask if they can expedite the next one for free. Only do so if you've been polite and appeciative on the phone, because otherwise they will say can't, even if they can. For some things, a customer rep can choose to help you or hurt you, so yelling at them seldom does you any good, though you may feel better for a few minutes.
@Anonymouswrote:
I'm thinking about suing Penfed for not answering my calls in less than 10 mins after reading this thread.
I usually just pass by your posts and never read them. They never interest me.
But, I have to hand it to you and I must admit, this truly caught my attention and made me laugh.
They could have sent it to the wrong adress or worse yet someone got it from your mailbox. I would keep checking your CRs to make sure it doesn't report before you recieve it. Also they could send it federal express which is not what you want since you have to be home to get it and they could charge you for the service.
IMHO the CC is a good candidate for a sock drawer, pack of gum, or a gateway card to a different CC.
@Anonymouswrote:
I'm thinking about suing Penfed for not answering my calls in less than 10 mins after reading this thread.
Got'ta love it oldman87! Never thought of it but now that you have put it out there ... hmm!