Consumer complaint received 2023-07-08
Company: SYNCHRONY FINANCIAL
State: AZ
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement
Sub-issue: Credit card company isn't resolving a dispute about a purchase on your statement

Complaint:
In XX/XX/XXXX I purchased what I was told was a painting. In XXXX XXXX the painting was sent to me via XXXX. The painting was left outside my door in the rain. When I opened the package, the painting was in the wrong frame and wrinkled. I also learned at that point that it was not an actual painting. It was a print copied onto canvas and some type of clear paint added to make it look like an actual painting. The painting came with a certificate of authenticity, a registration number, and the actual print was numbered ( XXXX out of XXXX ) and signed. I contacted Park West Gallery and sent them pictures. After some back and forth the XXXX agreed to take the painting back and reframe it. Park West arranged for XXXX to come pick up the painting. On XXXX XXXX XXXX the painting was picked up by XXXX. At this point I learned almost XXXX weeks later that XXXX had mixed up shipping packages and lost the painting. I made every effort I could on my end to locate the lost painting even spending XXXX hours going though thousands of pallets of returned goods in warehouses. XXXX informed me that they acknowledged they lost the painting and they would reimburse Park West once they made a claim. I spoke back and forth with Park West and they refused to cancel the charge. I disputed the charge immediately with XXXX Bank when the painting first arrived damaged. I was told to fill out everything online using a link that was given to me. I also followed this up with a letter. After opening the dispute I did not ever receive anything in writing from synchrony. When I followed up with the credit card company, they said they would mail out confirmation of the dispute including any responses from Park West. The next communication I received is that the dispute was closed and found in favor of Park West because they agreed to send me a DIFFERENT painting. I informed Synchrony that I did not want a different painting and that I should not be forced into purchasing a different painting. I tried to file a claim with XXXX but was told that Park West must file it because they arranged for and paid for the shipping. When I contacted Park West they wrote back stating that they would not be filing a claim and that I would be forced to accept a different painting. Again, my painting was registered, numbered and was not an actual painting as I was told it was when I purchased it on the cruise ship. I let Park West and XXXX know that forcing me to purchase a different painting with a different registration number and different number in the limited edition series was not acceptable. I also let XXXX know that Park West had the option of getting their money back from XXXX if they would file the claim. At this point ( Beginning of XXXX ) I was told that the dispute would be reopened and again was told that they would mail out everything in writing. I have explained the situation to XXXX and I was told that I could file the claim myself if Park West would sent me a release to do so on their letterhead. They have refused to do so. I have attempted to dispute this charge with XXXX XXXX times. Each time they say I am liable for an item I never received due to the stores no return policy. I don't believe this policy should take the place of never receiving the item. XXXX to replace the item with a different item is not acceptable. Park West has the option of getting the money back for the painting, they just refuse to do it. I believe they are waiting for me to pay for it, then they will file with XXXX essentially selling and collecting money for two so called paintings not just one. If they offer me the same painting it would have to have the same registration number and have the same XXXX out of XXXX on it signed by the artist as the first one did. If they do this it will be fraud. There is no way for them to replace a painting that is registered and numbered. It was a one of a kind item. They have the ability to recoup the money from the lost painting, but they refuse to do so. This makes no sense to me. Being charged by XXXX and ruining my credit for an item never received is also fraud. Not complying with the law to send me documents in writing mailed out to me is also not right. This company misleads consumers and tells them they are buying actual paintings and they are not actual paintings. They sent out certificates of authenticity with registration numbers and hand number the paintings on the back, then claim they can just replace the painting... .How can there be an exact replacement if the painting was registered and numbered? I would like to know why I am being harassed by Park West and Synchrony and also having my credit destroyed when Park West could simply file a claim with XXXX and get their money back for the lost painting. No person should be made to pay for something that was not received.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation