Consumer complaint received 2021-09-08
Company: WELLS FARGO & COMPANY
State: AZ
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Other features, terms, or problems
Sub-issue: Other problem

Complaint:
Regarding Dispute ID XXXX I purchased an airline ticket using my Wells Fargo Credit Card on XX/XX/XXXX to merchant XXXX XXXX for an amount of {$890.00}. The flight was and international flight using a non domestic airline XXXX XXXX and scheduled for XX/XX/XXXX. The coronavirus pandemic shut down the borders of our country and this flight was cancelled. I filed a chargeback with Wells Fargo in XX/XX/XXXX to attempt to get my money back for this flight, due to the fact that the flight was cancelled by the airline due to a global public health crisis. Wells Fargo did not allow the chargeback due to 1 ) I acknowledged both verbally and in writing that the ticket is non refundable and was set by the airline company ( XXXX XXXX ) and 2 ) in an act of " goodwill '' the airline has authorized a waiver to use the credit in the future of another trip. I responded to this declination with a copy of the United States of America Department of Transportation Office Enforcement Notice Regarding Refunds by Carriers Given the Unprecedented Impact of the COVID19 Public Health Emergency on Air Travel Declaration that was published on XX/XX/XXXX. Due to the fact that this flight was cancelled directly due to border closures caused by the COVID19 Public Health Emergency, this declaration is supposed to provide me consumer protection for the airfare I purchased with this Credit Card IN SPITE OF the non refundable status that I agreed to during the initial purchase in that I should receive a full refund NOT A VOUCHER FOR TRAVEL for this special circumstance ( see attached ). I received a response in XX/XX/XXXX from Wells Fargo that its position regarding the chargeback was not changed despite this. In the time since receiving this, I filed a complaint with the Department of Transportation against XXXX XXXX. The US Department of Transportation has filed action against XXXX XXXX stating that their refusal to provide full refunds in lieu of vouchers was in violation of US law. Additionally, XXXX XXXX entered into an agreement with the XXXX Government that required the Airline to offer eligible customers who purchased non-refundable fares but did not travel due to COVID19 since XX/XX/XXXX the option of a refund to the original form of payment ( see attached ). I even received an email dated XX/XX/XXXX that I was now eligible for a refund from XXXX XXXX ( see attached ) .I contacted XXXX XXXX at this time to receive my refund. Since XX/XX/XXXX I have spoken to at least three different " travel agents '' to get my refund, all with no luck.I have submitted refund initiation forms. These " travel agents '' do not speak english and appears that they follow a " script '' while handling calls. I have asked ( via phone ) to speak to a manager at XXXX XXXX regarding this refund. I have asked to be provided the contact information ( either phone number or email ) to their " special claims '' department and I was told that they do not take phone calls and requests for an email contact have fallen on deaf ears. Additionally, I tried calling XXXX XXXX 's customer service line at XXXX ( XXXX ) XXXX no less than 100 times in the past few months to obtain my refund. Calls to this line only resulted in a pre-recorded message that the call volume was too large to answer my call and try back later. I have done everything in my power to obtain this money that is due back to me from these merchants. I called Wells Fargo Credit Card services again to see if the chargeback could happen with all of this documentation that has gone on in the past year. I spoke to an " escalation specialist '' on XX/XX/XXXX who told me she would research and get back to me. I received a document dated XX/XX/XXXX from Wells Fargo stating that their original finding still stands in that the there was a " valid resolution with the merchant and the cancellation was processed via the merchants resolved issue by offering a credit voucher for future travel plans '' attaching the original documentation from the XX/XX/XXXX finding. 

Wells Fargo Bank has violated several Federal Laws and Policies with their decision : 1 ) Wells Fargo violated the Enforcement Notice Regarding Refunds by Carriers Given the Unprecdented Impact of the COVID-19 Public Health Emergency on Air Travel which states that for airline tickets that were purchased for travel during the COVID-19 pandemic IN SPITE OF REFUND STATUS AT TIME OF PURCHASE ( please see attached document of this declaration in its entirety ). Therefore, Wells Fargo 's assertation that this matter is resolved due to the 1 ) non refundable status at time of purchase and 2 ) acceptance of a voucher travel for future travel is in violation of federal law. In fact, in the months since the exact opposite has come to light as XXXX XXXX has been ordered to provide refunds by both the United States and XXXX Government and sent me a email stating so!

2 ) Wells Fargo violated the Fair Credit Billing Act ( FCBA ) by not allowing the chargeback, specifically that the charge resulted for " goods and services you didn't accept or that weren't delivered as agreed ''. In addition to the above violation, the " resolution '' was no resolution for me. XXXX XXXX is a non-domestic carrier and borders to foreign countries have been closed and slow to re-open in addition to the continued health risks of traveling at this time. A " voucher '' is useless. Additionally, I am considered a first responder and an essential employee, making time away from work difficult during this pandemic. The protections provided to me as a consumer have been violated. 

I have tried relentlessly to get my rightfully due refund from the merchant. I have spent dozens of hours calling and trying and I have gotten nowhere. My next step is to take legal action.

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