Consumer complaint received 2023-07-20
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CO
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: Card was charged for something you did not purchase with the card

Complaint:
I am disputing the original {$5100.00} charge via my bank of America credit card ( XXXX ) from XXXX XXXX XXXX ( subsidiary of XXXX XXXX  XXXX  ) in XX/XX/XXXX. I did not consent or authorize that charge regarding an upgrade ( I already prepaid my car rental through a third party called XXXX on XX/XX/XXXX for a total of {$1100.00} which obtained my car rental in XXXX via XXXX XXXX XXXXl ( see below Below are additional details and context regarding this charge with the vendor ( XXXX XXXX XXXX  ) which I provided to Bank of America in XX/XX/XXXX ). To resolve the matter, when I first found out about the charge, I discussed it with the company XXXX XXXX XXXX and later with their parent company XXXX ), but they refused to refund the charge and maintained that I agreed to an upgrade. When I tried to escalate the matter with the vendor, they refused to work on the matter and told me I had to go to the credit card company. When I demanded proof of such an agreement, the vendor did not provide any evidence ( such as a signed receipt ) for the charge. Running out of solutions with the vendor, I then went to the next step of the resolution process - through the dispute process provided by my credit card company ( Bank of America, which I am directing this complaint against ). Since the vendor claimed I signed a document that I never signed ( and did not procure a document which I could see evidence of my signature ), I approached it as a fraud because there was no evidence of such an agreement and claim that I signed an agreement. 

Despite multiple phone calls and multiple tickets and case numbers over 15 months, Bank of America grossly mishandled the dispute and repeatedly undermined my attempt to resolve it through very confusing and contradictory communications. Even though it should have been approached as a fraud in the first place, Bank of America initially asked me to provide a signed receipt which I never was provided in the first place ; I tried to explain to them that there was no way to prove something that did not exist in the first place. When I asked what evidence did the vendor had to validate their claim on the charge, Bank of America was unable to provide any evidence from the vendor that I signed anything regarding the original charge. Once that was realized that there could be no signed receipt to validate a fraud, Bank of America changed tack and told me that the vendor was able to treat my credit card like a blank check and could charge any amount because I agreed to incidentals. I then explained to them that almost all of the charge was due to one single charge, an {$4200.00} upgrade ( plus tax ) which I did not sign or authorize. In other words, as one of the analysts in Bank of America told me, akin to what hotels could charge if you damaged the room or took items from the snack bar, Bank of America treated the whole vendor charge as if it were an incidental ( i.e. tolls, gas with the car rental ) and ignored the fact that most of the charge from the car rental vendor was claimed through a upgrade which I never agreed or signed to. Note : I pointed out that, in my brief internet research, XXXX XXXX XXXX has had a shady history abusing use of credit cards and with charging customers on car rentals such as toll fees in XXXX, accusing people of stealing cars in XXXX, and so on, but Bank of America still continues business with them. 

Again, even though I asked for any evidence that I agreed to an upgrade, no evidence by the vendor or by Bank of America was provided to prove the charge. When I began demanding evidence that the vendor should have provided to the Bank of America for the dispute, Bank of America provided me an inaccessible portal and then mailed some documents which were all related to Bank of America statements and nothing to do with the claim. These documents, so-called statements mailed to me, were simply former Bank of America monthly statements that I already had in my possession and had nothing to do with the case/claim/dispute. I pointed that out about the mailed documents, and Bank of Americas response was to ask for more time to research and re-evaluate, only to respond the exact same way months later as if nothing has happened since then. I dont believe they researched my case at all because they had no evidence or proof to support the original charge. 

Meanwhile with their very slow process, I was very patient and even made payments on the disputed charge in good faith that Bank of America would resolve the issue fairly. After months of delay and lack of resolution and multiple calls ( see below ), Bank of America finally provided a very confusing explanation how the charge was valid in the form of a letter in XX/XX/XXXX and then again exactly the same implausible conclusion on XX/XX/XXXX indicating that they re-evaluated my claim and stated they decided they could not approve my claim because we confirmed statements were mailed to the address you provided for this claim and payments have been made on the account. This is not a valid explanation to how my claim is invalid, much less how it is not a fraud. Also on XX/XX/XXXX stated they made note that they contacted the credit reporting agencies to add a comment to my credit report that I disagree with their decision on the fraud claim. Since the payments appeared to be a validation of the charge in Bank of Americas eyes, I stopped making any payments and let it go delinquent and planned to file a complaint with the federal government and credit reporting agencies about their mishandling the dispute/fraud charge. 

The following dates were calls I made via relay with bank of America with promises that they would pursue the claim and provide me a response without reasonable resolution on their part : XXXX Bank of America CC @ disputing charges with XXXX XXXX  ( XXXX ) XXXX Bank of America ( CC ) @ Request for more understanding about dispute XXXX Bank of America @ dispute over XXXX XXXX charge XXXX Bank of America @ Dispute on fees, payment, and explanation of the XXXX XXXX charge XXXX Bank of America @ payment and concerns XXXX Bank of America @ trying to get a hold of Fraud Dept without success XXXX Bank of America @ trying to get a hold of Fraud Dept without success XXXX Bank of America @ credit card dispute into fraud XXXX Bank of America @ credit card dispute XXXX Bank of America @ credit card dispute XXXX Bank of America @ Fraud dispute The credit card dispute process Bank of America had in place appeared deliberately confusing to frustrate the customer and force him to give up, because, repeatedly in my follow ups, Bank of America told me they would research it with the vendor but never got back to me in weeks, then months, so I kept on following up, only to be told they needed more time to research. This happened again and again each time after lengthy waits ( in excess of 30 minutes each time ) calling Bank of America and have been given different case numbers which became very confusing and disorienting. Whenever I spoke with them and was moved to different departments beyond my understanding why, Bank of America confused the process by initially treating it as a legitimate complaint which they claimed I was disputing some of the amount and not as whole as a fraud. Even though they were dealing with me as a XXXX  customer, they refused to communicate via email and instead insist they used relay ( which they hung up multiple times after long waits ), slow mail which did not substantiate or relate to the claim, or fax machines which did not deliver any documents or allow access. At the end, I refused to continue making payments to the charge, closed my accounts, and sent my business elsewhere to a competiting bank. However, because I refuse to honor a fraud charge, Bank of America still approaches my charge as delinquent and has reported to the credit reporting agencies, hence damaging my long-time solid credit score severely ( from XXXX to now XXXX ). This is not a healthy way to conduct business in our country. 

Below are additional details and context regarding this charge with the vendor ( XXXX XXXX XXXX  ) which I provided to Bank of America in XX/XX/XXXX : Via a company called XXXX on XX/XX/XXXX for a total of {$1100.00} I prepaid for a vehicle rental in the XXXX airport ( XXXX ) for 28 days in XX/XX/XXXX ( from XX/XX/XXXX through XX/XX/XXXX ). You can see that charge on my credit vehicle bill ( XXXX ). XXXX provided me a booking number ( XXXX ) and information to pick it up from XXXX XXXXl in XXXX. 
On XX/XX/XXXX, I arrived XXXX on time, shuttled to XXXX XXXXl, and waited in a long line for over an hour to finally talk with an agent in XXXX XXXX. Environment was uncomfortable and noisy with long waits ( more than an hour long without a manager available ). 
On XX/XX/XXXX, I provided the agent in XXXX XXXXl my booking number and intended to get the vehicle without paying more than what I already paid for. I did not request an upgrade or fuel options and insurance. After talking to me ( which I did not understand most of what he said since I am XXXX  ), the agent told me to sign on an electronic pad. He kept on talking after I signed on the electronic pad which I did not understand but got the impression he was trying to sell me something. He then printed out several paperwork with different dollar amounts. Nothing in the paperwork exceeded $ XXXX, and I understood it was part of unsigned paperwork in order to get the vehicle I already reserved XXXX ). Nothing was printed with my signature, and I did not sign anything else other than the electronic pad before he talked. I told him I am not interested in paying for more than what I already paid for. I asked the agent if I had to pay for anything extra over what I already paid, and he clearly said no. I asked him several times, and he pointed out that I was using the third party ( XXXX ) to get the vehicle, so that I do not need to pay extra and that the paperwork he gave me was not signed so, as he said, there is no obligation. There was no manager anywhere to help our communication. With a big line of customers waiting more than an hour behind us, the agent provided me the keys to the vehicle. I saw no paperwork, signed or unsigned, that showed anything more than in the $ XXXX ( I do not have a copy of this paperwork but since I already prepaid the car rental I didnt think I needed it ). 
When I returned the vehicle in XXXX on XX/XX/XXXX, XXXX XXXX  did not provide me a receipt onsite even though I requested it but indicated they would email me. I left everything in the vehicle in good shape, believing everything was fine without additional ( incidental ) charges. 
XXXX XXXX did not email me anything until I found out about the charge via my credit card bill. I first noticed the charge {$5100.00} later in XXXX after when I checked my credit card bill. I contacted XXXX XXXX and asked for an explanation. I was told that the charge was for an upgrade that I asked for plus gas and tolls. I asked for evidence for that agreement. 
They emailed me ( and only then for the first time ) something that they claimed I agreed and signed something I have not seen or signed on XX/XX/XXXX or on any other time. I did not sign at any point to that particular paperwork or consented to the financial terms with that agreement. I asked XXXX XXXX to investigate the matter further, but they refused to even revisit the process in the context of dealing with a XXXX  customer hearing or understanding terms orally and then signing on an electronic pad. They would not provide me information about the agent or the office that claimed the signature was mine. 
Also, XXXX XXXX  did not provide any evidence when I requested a breakdown of the {$240.00} in tolls ( part of the {$5100.00} ). I reached out to XXXX and they indicated they have no charges against the vehicle I rented. I also disputed about the gas ( the vehicle came with a half tank and was told I didnt have to pay for additional gas ) and asked for support about toll fees the vendor couldnt substantiate any of these charges. They told me to email them, but that wouldnt allow a response before I can pay the credit card. 
Please note that I am XXXX, so oral communication is not the best way to ensure or validate agreement ( if the car rental company claimed they have orally communicated the terms with me before I signed ). I would not have agreed to this so unaffordable if I was made aware ( either in writing or orally, which nothing I received like this ). This frugality is consistent to my past history with renting vehicles for many years. For any rental vehicle, I never agreed once to options like fuel options and insurance or upgrades. 
With the vendor providing no evidence or support, the claim that I used a signature on a document I didnt sign as well as claims that I used tolls or gas without any support indicated this was a fraud which I complained to Bank of America starting in XX/XX/XXXX through XX/XX/XXXX.

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