Consumer complaint received 2023-10-01
Company: CITIBANK, N.A.
State: CA
Product: Credit 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:
I am writing to bring to your attention a pressing matter concerning a recent transaction on my credit card account, which I firmly believe necessitates an immediate chargeback. The details of the issue are as follows : Transaction Details : Transaction Date : XX/XX/XXXX Transaction Amount : {$790.00} Merchant Name : XXXX Description of Goods/Services : Unauthorized charge for services not agreed upon The heart of this matter lies in the unauthorized charge of {$790.00}, which was processed on XX/XX/XXXX by XXXX. I wish to underscore that I did not authorize or consent to this transaction in any form or manner. 

Moreover, my concern deepens as I discovered that XXXX had conspicuously omitted essential legal and ethical obligations in their operations, which I believe violate both California and Federal Law. My efforts to communicate this issue with them have been met with resistance and evasion. 

Key Issues : Missing Terms of Service and Privacy Policies : XXXX failed to provide Terms of Service and Privacy Policies on their website at the time of signup, which is a critical requirement. I have attached documented evidence demonstrating this omission. 

Failure to Present Clear Auto-Renewal Terms : The auto-renewal offer terms, as mandated by law, were not presented clearly and conspicuously during the checkout process. This violates the requirement that such terms must be distinguishable, clear, and easily noticeable. 

Lack of Post-Sale Acknowledgment : No post-sale acknowledgment, such as an email outlining the auto-renewal terms, was provided to me after enrolling with XXXX This is violation of California Law. 

Absence of Cancellation Instructions : XXXX did not furnish me with any information on how to cancel the trial period, either during account creation, signup, or thereafter. This is also a violation of California Law Given these glaring irregularities and the unresponsive nature of the merchant, I kindly request your assistance in initiating a chargeback for this unauthorized transaction. It is my sincere belief that the circumstances surrounding this charge are in clear violation of the terms and conditions set forth by your credit card company. 

I am prepared to provide any further documentation or information required to facilitate a swift resolution to this matter. 

I appreciate your prompt attention to this urgent issue and trust that your company 's commitment to its cardholders ' rights and ethical business practices will lead to a fair and just resolution. 

Contact with XXXX : On XX/XX/XXXX I reached out to XXXX through the chat prompt they have on their site, but no one responded. It took me until XX/XX/XXXX to track down further contact information and email them about the charge. 

XXXX responded with the following on XX/XX/XXXX : XXXX XXXX  XXXX Tue, XX/XX/XXXX, XXXX to me Hi XXXX , Thank you for reaching out to us. We understand your concern regarding the subscription charge after the 2-week free trial period. 

We'd like to clarify that during the sign-up process for the free trial, it is mentioned that the subscription will automatically start after the trial period ends, and the chosen payment method will be charged accordingly. This information is provided in our terms of service and on the free trial sign-up page ( screenshot attached ). 

As you have used our service for the trial duration, your subscription was automatically activated at the end of the trial period. This enables you to continue using our service without any interruption. 

However, we value your satisfaction as a customer and would like to find a suitable resolution for you. While we are unable to process a refund for the subscription, we would be happy to discuss other options that may better suit your needs. For instance, we can adjust the subscription plan, extend your current subscription, or offer you a credit toward future use. 

Please let us know how you would like to proceed, and we will do our best to assist you. Our aim is to ensure that you have a positive experience with our service. 

Thank you for your understanding, and we look forward to resolving this matter to your satisfaction. 

XXXX Team I responded with the following on XX/XX/XXXX : XXXX XXXX XXXX Attachments XX/XX/XXXX, XXXX to Support Hi, Thank you for your response, but this is not a suitable resolution. First off, your service really didn't work very well during the trial period for a couple of days I used it. 

As far as the renewal, you are in violation of several California laws under Californias Automatic Renewal Law. 
Your terms of service do not load - see attachment Your privacy terms do not load - see attachment Automatic renewal offer terms must be presented to the consumer both before the purchasing contract is fulfilled and after enrollment in the form of an email or other post-sale acknowledgment. I never received this. 
During checkout, terms must be presented clearly and conspicuously so that they can be distinguished from the rest of the offer. This means that the text of the auto-renewal offer should be : In larger type than the surrounding text, In contrasting type, font, or color to the surrounding text of the same size, Set off from the surrounding text of the same size by symbols or other marks in a manner that clearly calls attention to the language. 
These are just a few of the violations. I am requesting a full refund, or I will submit a complaint to the Attorney General 's office and pursue further remedies as need be. 

Thank you. 

Best, XXXX I sent a follow-up message on XX/XX/XXXX as I received no response : XXXX XXXX XXXX XX/XX/XXXX, XXXX to Support Hi, I am following up as it has been 4 days, and I have received no further response. I am requesting a full refund again. 

I noticed that you have fixed your terms & service & privacy agreement not being present at signup. I have both screenshots and a video showing that this was not working when I signed up. Again, I am asking that you please refund the full amount that my account has been charged. 

Thank you in advance for your prompt attention to this matter and rectification. I will pursue further recourse to correct this matter if need be, and this is the last time that I will make this request. 

Best, XXXX On XX/XX/XXXX, XXXX responded with the following : Support XXXX XXXX Attachments XX/XX/XXXX, XXXX to me Hi XXXX , Thanks for your email. 

Have you cancelled your subscription before the end of the 14 days trial? 

I double checked and terms of service are working fine, which you have accepted during account creation. 

During checkout it clearly says " 14 days free trial then {$790.00} per month '' ( screenshot attached ) As you have used our service for the trial duration, your subscription was automatically activated at the end of the trial period. If you're not satisfied with the service during the 14 days trial period, you can cancel your subscription. 

Thanks I responded on XX/XX/XXXX and one more time on XXXX XXXX, but never received a further responded from the company : XXXX XXXX XXXX XX/XX/XXXX, XXXX to Support Hi, Your terms and service and privacy laws were not working when I signed up. You have since fixed this after I notified you. I already attached screenshots showing that it was not working, and I have added the video as well. This makes any claim you stated invalid and illegal since they were not working. 

Again, please refund, or I will report you for the below reason to the attorney general and will pursue legal actions if need be. This will be the last time I give you an opportunity to rectify this. 

As far as the renewal, you are in violation of several California laws under Californias Automatic Renewal Law. 
Your terms of service do not load - video showing Your privacy terms do not load - video showing Automatic renewal offer terms must be presented to the consumer both before the purchasing contract is fulfilled and after enrollment in the form of an email or other post-sale acknowledgment. I never received this. 
During checkout, terms must be presented clearly and conspicuously so that they can be distinguished from the rest of the offer. This means that the text of the auto-renewal offer should be : In larger type than the surrounding text, In contrasting type, font, or color to the surrounding text of the same size, Set off from the surrounding text of the same size by symbols or other marks in a manner that clearly calls attention to the language. 

Contact with Citi Bank : -Made several phone calls where I spoke with their fraud department to explain the issue further and I have submitted this fraud chargeback. Pointing out that XXXX never provided, nor did I agree to their terms of service. 

XXXX ( Dispute Follow-up ) XXXX XXXX XXXX Attachments Tue, XX/XX/XXXX, XXXX to billingdisputes To : Billing Disputes Department : I have included and attached the requested documentation and a video for your team to review. 

XXXX is in violation of a number of California Automatic Renewal Law protections and Federal Laws that make it very hard to know when and how to cancel during their free trial period, and based upon these reasons, I am requesting a full refund of the {$790.00} that I was charged by the company. I have also filed a complaint with the attorney general that is currently under investigation. 

The California Automatic Renewal Law prohibits sellers from charging consumers credit or debit cards for an automatic renewal plan without first obtaining the consumers affirmative consent. It also requires sellers to clearly and conspicuously1 present certain automatic renewal offer terms at the point of sale in close visual proximity to the request for consent to the offer. 

Wherever the ARL requires clear and conspicuous disclosures, the required information must be presented in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks, in a manner that clearly calls attention to the language. Their checkout process does not do this, and they are in violation. The text is smaller and in a XXXX  XXXX that easily blends in with the background during the checkout process. 
Screenshot XXXX at XXXX XXXX.XXXX  California Automatic Renewal Law requires sellers to deliver a separate post-purchase acknowledgment to the consumer in a retainable form ( such as email ) that clearly and conspicuously presents the same automatic renewal offer terms disclosed at the point of sale and further explains how the consumer can cancel the automatic renewal service. This was never provided by the company. The only communication I received after signing up was the following email : Screenshot XXXX at XXXX XXXXXXXXThe  California Automatic Renewal Law required for subscriptions sold online plans that include a free gift or trial must also explain how the consumer can cancel ( and allow the consumer to cancel ) before paying for any goods or services. The company provided no information on how I can go about canceling the free trial during the checkout process or after. Their terms of service and privacy policy pages were blank when I went to view them. Not having a Privacy Policy on their website is a violation of Federal & California Laws, and they should not even be collecting credit card information in the first place. Here is a screenshot and video showing this. 

Video Showing neither privacy policy nor terms of service were viewable/available : XXXX, no privacy policy or Terms of Service - Watch Video Privacy Policy : Screenshot XXXX at XXXX XXXX.XXXX Terms of Service : Screenshot XXXX at XXXX XXXX.XXXX  Due to all of the above violations of both Federal and California Laws , XXXX made it very hard to cancel during their trial period, and I am requesting a full refund of the {$790.00} that I was charged by Influencify. 

To recap, they did not provide the following requirements from California Automatic Renewal Law and Federal Law. 

1. Clearly and conspicuously present certain automatic renewal offer terms at the point of sale in close visual proximity to the request for consent to the offer. 
2. A description of the policy for canceling a trial and how to go about canceling during the checkout process. 
3. A separate communication after subscribing outlining how a user can cancel during the trial period. 
4. No Privacy Policy on their website, which is a violation of federal law and does not allow them to collect any PII ( Personal Identifiable Information ) such as credit card information, name, email, etc. 

Thank you, and I am sure that Citi Bank will do the right thing for me, the consumer, as I have been a loyal customer for 10+ years. 

Best, XXXX XXXX -- XXXX XXXX XXXX : XXXX XXXX : XXXX XXXX Attachments Scanned by XXXX XXXX XXXX XXXX Attachments Fri, XX/XX/XXXX, XXXX to billingdisputes I spoke to one of your fraud representatives, and she shared that she will be reaching back out to inquire about re-opening the following case : XXXX. 

I have attached a letter from the Attorney General of California stating that once I supply them with the mailing address for the company ( XXXX ), they will be reaching out to them on my behalf. I was only able to obtain the accurate mailing address through the information they provided to CitiBank and shared it with me. Again, this is another way this company is deceitful ( Attached PDF ). 

Adding additional context showing how I was not made aware of their terms of service as they stated in their correspondence with Citi Bank, so no, I was not made aware of how to cancel, when to cancel, nor did I legally agree to anything. 

The two screenshots directly below were provided by XXXX. I previously provided screenshots and a video showing that the terms of service and privacy policy pages were blank and contained no content ; therefore, there was no way possible for me to be aware of their terms nor how to cancel. I have included these screenshots again below the screenshots from XXXX. 

Provided by XXXX in their correspondence to CitiBank : Screenshot XXXX at XXXX XXXX.XXXX  Provided by XXXX correspondence to CitiBank : Screenshot XXXX at XXXX XXXX.XXXX  From complainant : Video Showing neither privacy policy nor terms of service were viewable/available : XXXX, no privacy policy or Terms of Service - Watch Video Complainant : Screenshot showing No Privacy Policy : iXXXXXXXX  Complainant : Screenshot showing No Terms of Service : image.png Due to legal violations of both Federal and California Laws , XXXX made it very hard to cancel during their trial period, and I am requesting a full refund of the {$790.00} that I was charged by Influencify. 

To recap, they did not provide the following requirements from California Automatic Renewal Law and Federal Law. 

1. Clearly and conspicuously present certain automatic renewal offer terms at the point of sale in close visual proximity to the request for consent to the offer. California Automatic Renewal Law requirement ( documentation provided in previous email ) 2. A description of the policy for canceling a trial and how to go about canceling during the checkout process. California Automatic Renewal Law requirement ( Documentation provided in the previous email ) 3. A separate communication after subscribing outlining how a user can cancel during the trial period. This is a California Automatic Renewal Law requirement ( Documentation provided in the previous email ) 4. No Privacy Policy on their website, which is a violation of federal law and does not allow them to collect any PII ( Personal Identifiable Information ) such as credit card information, name, email, etc. ( Provided again ) California Automatic Renewal Law and Federal Law requirement. 

If this matter is not resolved in a timely manner, my next steps will be to go after legal recourses, in which I will be naming CitiBank for being compliant in conducting business with a company that uses deceitful and unlawful practices that violate California and Federal Law. 

Thank you for your prompt attention to this serious matter. 

Best, XXXX XXXX XXXX ( Dispute Letter Follow-up ) XXXX XXXX XXXX Fri, XX/XX/XXXX, XXXX ( 9 days ago ) to billingdisputes This is in response to the letter I received on XX/XX/XXXX. 

I am requesting that these fraudulent charges be reversed. I have contacted the merchant multiple times to reverse these charges, and they have not been willing to work with me. I am asserting my rights to claims and defense and will not pay anything towards these charges. 
I never agreed to nor authorized these charges, and the terms of service they referenced below and in their response to Citi earlier were completely blank and provided no information ; therefore, there was no agreement to them charging me for these services. I have provided screenshots and video of this and have again below. 

Here is one of the few responses I received from XXXX after I finally tracked down a contact email. 

Screenshot  XXXX at XXXX XXXX.XXXX  Video Showing neither privacy policy nor terms of service were viewable/available : XXXX, no privacy policy or Terms of Service - Watch Video Complainant : Screenshot showing No Privacy Policy : XXXXXXXX  Complainant : Screenshot showing No Terms of Service : XXXX Thank you for reviewing. 


Here is a video Link showing Infuencify blank terms of service and privacy terms : XXXX XXXX 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