Consumer complaint received 2022-03-27
Company: GOLDMAN SACHS BANK USA
State: CA
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:
On or about XX/XX/XXXX a fraudulent charge in the amount of {$160.00} was posted to my Apple Card ( Card ) statement. On XX/XX/XXXX when I first learned of this billing error ( 12 C.F.R. 1026.13 ( a ) ( 1 ) ) emanating from the fraudulent charge I contacted Goldman Sachs Apple Customer Service ( CS ). Using the Apple Card App ( App ) I thereupon informed CS of the fraudulent charge, disputed the entry on my periodic statement, and cancelled my compromised Card ending in XXXX. A new Card ending in XXXX was issued that day. My physical Card number remains the same, ending in XXXX. 

The disputed charge ( Dispute ) was denied on XX/XX/XXXX. Using the App, I contacted XXXX requesting an explanation ( 12 C.F.R. 1026.13 ( f ) ( 1 ) ). CS response was that To receive credit a reassertion is needed to be completed ( sic ) to prove that decision was invalid, without further evidence the outcome will not change. I asserted my right as set forth under 12 C.F.R. 1026.13 ( f ) ( 2 ) ) seeking copies of documentary evidence of my indebtedness. I have yet to receive these documents. 

I made a first reassertion ( First Reassertion ) of the Dispute to CS the same day ( XX/XX/XXXX ) using the App and was provided a Case ID of XXXX. First Reassertion was denied XX/XX/XXXX. That same day ( XX/XX/XXXX ) via the App I made a Second Reassertion of the Dispute, which was given a new Case ID of XXXX. I also again asserted my rights under 12 C.F.R. 1026.13 ( f ) ( 2 ) ) and requested documentary evidence of my indebtedness. I have yet to receive these documents either.

I did, however receive an email request from CS for additional documentation from me proving I did not make the charge. I am unable to provide any such documentation, as this was a fraudulent charge that I did not make.

The Fair Credit Billing Act implies that in a Dispute the presumption of innocence rests with the consumer, and not with the merchant, processor, or Card provider. The onus of proof is on the merchant, and not on me, to demonstrate that I ( and not a fraudster ) made the charge. I would expect a document with my signature on it, the IP address from which the transaction was made, location data, any correspondence between XXXX and me, copies of ( presumably ) the ticket ( s ) that were purchased, or a CVV match or whatever means by which identity was verified when the transaction was made. XXXX is unable to provide any such evidence. The transaction was fraudulent. I did not make it. 

Conversely, there is a preponderance of circumstantial evidence that I am more than likely to not have made the charge, and that this is a legitimate chargeback. I am not a frequent disputer. The disputed charge is not a relatively high-value charge. This is not a frivolous complaint. I proactively took steps to protect my Card account within hours of learning of this fraudulent charge and the billing error on my account by informing CS through the App and requesting a new Card number. The Card is paid in full at the end of each month. To date I have never incurred an interest charge, a penalty fee, or a late fee on this Card. I have not flown XXXX XXXX, nor have I made a purchase for myself or for anyone else from XXXX in at least the last 3 years. Both my wife and I have status on airlines other than XXXX. 

I would like this Dispute resolved forthwith, and request that the disputed {$160.00} charge be resolved in my favor, and thereafter that my XXXX account be closed.

Company response to consumer: Closed with monetary relief