Product: Credit card

COMPANY IS REFUSING TO HONOR ITS TERMS AND CONDITIONS ; MAKING IT DIFFICULT / NEARLY IMPOSSIBLE TO RECEIVE AN ANNUAL FEE REFUND EVEN WHEN CUSTOMER TIMELY CLOSES ACCT AS STATED IN ACCOUNT TERMS AND CONDITIONS. LIKELY LARGE CLASS OF IMPACTED CUSTOMERS HAVING THEIR RIGHTS VIOLATED. 

1. I have a credit card account with " Prosper ''. 

2. I was assessed an annual fee of XXXX dollars on XXXX XXXX, XXXX, which appeared on the XXXX XXXX, XXXX billing statement, XXXX. On XXXX XXXX, XXXX, I called and spoke with XXXX in Collections Dept. ( I have made multiple attempts to obtain her ID number which have been unsuccessful. Collections Dept. refused to provide several times to me. And they refused to provide to XXXX, a supervisor in Customer Service. They stated " it was not a collections issue ''. I asked for Collections Supervisor which they also refused stating I would receive a call back which they never received. ) I asked XXXX to close my account and to waive the annual fee. She said another dept. would have to close the account, but that the fee could not be waived. 
XXXX placed me on hold and spoke with her supervisor and came back and said that because the fee had already billed to the acct. that they would not refund it and there was nothing they could do. I asked XXXX for a copy of the Terms, which she also said she could not provide. XXXX transferred me to customer service. 

4. On XXXX XXXX, XXXX, after multiple attempts, they finally allowed me to close my account and the account was closed. 

5. Despite their refusal to provide a copy of the Terms and Conditions, and despite the Terms being unavailable on the mobile website and App, I was eventually able to obtain a copy by accessing the website on my computer, 6. The Terms state as follows, in pertinent part : # # # # FEES Annual Fee. The annual fee for your Account is {$39.00}. We will waive the annual fee for the first year if you sign up for autopay before we issue your first statement. We assess this annual fee on your first monthly statement after opening your Account and each year after that. We will charge this annual fee every year if your Account is open, even if you dont have a balance. If you close your Account within 30 days of the closing date of the monthly statement on which the annual fee appears, then we will refund the annual fee appearing on that statement. For Account closures after this 30-day period, the annual fee is non-refundable. 
# # # # 7. I closed my account on XXXX XXXX, XXXX, which was only seven days from the date of the statement upon which appeared the annual fee.

8. Seven days is fewer than thirty days.

9. Therefore, they violated my rights by saying they would not be a
ble to refund the fee.

10. Upon information and belief, they are routinely violating the rights of a large class of customers in this manner.

11. They should have automatically refunded the fee based on my timely closure of the account, I should not have to even make a request. It should be automatic. 

12. On today, XXXX XXXX, XXXX, I called again to request the annual fee refund to which I am entitled. 

13. I spoke with XXXX, ID XXXX, Customer Service. I explained in detail what was going on, at length, expending much time and energy for nothing. I explained that the company was violating my rights repeatedly. She asked when I opened the acct, I said apx. two years ago. She then hung up the phone on me or the call was disconnected, and I received no call back. 

14. I then had to start over Spoke with XXXX, who said " I'm afraid I'm not able to tell you my ID. '' This is obviously a lie because the previous agent provided her ID prior to apparently disconnecting the call. Then she misgendered me, calling me " XXXX '' I asked for supervisor. 

12. Then I spoke with XXXX, ID XXXX, supervisor, customer service. She said if the call was disconnected again she would not be be to call me back and I would just have to keep starting over. Her XXXX proficiency was nonexistent, 13. XXXX said there was an internal ticket submitted already regarding the annual fee. She said the ticket number was XXXX. However, I do not think even that was true because when I requested the annual fee refund on the previous day, I was told it was not possible and never advised that a ticket was created regarding the annual fee, 14. There was no need for a ticket- they should have refunded it automatically. Even with them failing to issue the refund automatically which is a violation of my rights, it should have been more than enough to call back and make multiple requests. I asked if she had access to the Terms. She said " We don't have access to the Terms and Conditions ''. That was apparently a lie because upon my further questioning she was able to read to me the section on the annual fee ( pls see above ), which states that it shall be refunded if the account is closed within thirty days of the statement upon which the fee appears. She confirmed the fee billed on XX/XX/XXXX, that the statement date was XX/XX/XXXX, that I closed the account on XX/XX/XXXX, and that the closure thus occurred within fewer than thirty days from the XX/XX/XXXX billing statement,. 

15. Then XXXX uttered numerous strings of nonsensical gibberish, such as " We are pertaining with your end cycle date ''. I asked her several times to repeat herself so I could write down her statements and she did not do so. I was able to dictate her statement : " Supposed to be, Sir, the account is already closed before the annual fee was reflected. '!!!! This contradicts the Terms and Conditions that she had just read to me!!! This is literally a dystopian XXXX XXXX  XXXX scenario in which I was being gaslit by the company, 16. XXXX put call on hold to ask her higher-up, and then came back and said the fee would be waived after all. She said, " You need to wait as soon as possible '', which is not even grammatically correct. As soon as possible is not a time frame that a person can wait. She said the refund would appear on the next statement. 

17. I asked for her higher-up. She transferred to XXXX, Manager, Customer Service, ID XXXX. He confirmed that the annual fee would be refunded. 

18. To date, the refund has not posted to my account,