Consumer complaint received 2020-05-26
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MD
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:
My ex-wife and I separated in XXXX but continued to share finances to assist with raising out children while I was working overseas for the Federal Government. In XXXX, she registered for a subscription with XXXX for Internet security software that would renew every two years, which I was fine with ( I never used it myself ). I never used that credit card for any other charges. We finally divorced and after XXXX the subscription was going to fall upon her. Even if I wanted to use the subscription, I couldnt because the XX/XX/XXXX, National Defense Authorization Act ( NDAA ) of 2018 included a broader provision prohibiting use of products and services developed or provided by XXXX XXXX by Federal Government employees on systems that processed government information, which I did. 

Unbeknownst to me, she stopped using the software, as she now used antivirus software provided by her employer, but she didnt cancel the subscription. The credit card used for the subscription expired before the renewal and because, with the exception of that subscription, I never used the card for anything, I didnt know that the charge was coming up again for renewal. The renewal payment of {$99.00} was declined several times because the card had expired. I even received a text notification on my phone from Bank of America, the credit card issuer, on XX/XX/XXXX about the declined transactions asking if I had attempted the transactions. I responded NO and the bank put a freeze on my ( expired ) credit card to prevent additional unauthorized transactions. 

Despite specifically disapproving the transaction, the bank permitted it to go through on XXXX XXXXten days after I had notified the bank not to authorize the transaction and being told by the bank they would freeze the card. The charge also appeared on my next credit card statement ( XX/XX/XXXX ). I immediately contacted Bank of America and after walking through the situation with a representative of the fraud protection unit at Bank of America, they agreed to reverse the charge and send me a new credit card with a new number. A month later, the bank reversed course and re-instated the charge, claiming the charge is a subscription or reoccurring bill that youve paid in the past. I again protested and the bank said it would review the charge. In XXXX, the bank again denied my claim, adding there was no information that would cause it to change its decision about my claim. 

I was out of the country on a temporary assignment overseas for the Federal Government from XXXX to XXXX, so I only found out about the XXXX denial when I returned to the United States in late XXXX. This time, I obtained a fax number from the Fraud Prevention department and faxed them a packet of information including the text message where I expressly declined the charge, the verification of the charge, and information about the 2018 NDAA law and a subsequent Federal Register notice making it clear that I could not use the software. The bank reviewed that information and in XXXX, again denied my claim stating the charge is a subscription or reoccurring bill that youve paid in the past. After several months, my ex-wife ( who I no longer get along with amicably ) gave me the account information for XXXX. When I logged into the account, the system showed : 1 ) I have no valid software licenses for XXXX products ; and 2 ) that my most recent license expired on XX/XX/XXXXXXXX XXXXthe same day the bank allowed the transaction to go through, despite my disapproving the charge on XX/XX/XXXX and the bank freezing the expired card. The XXXX site also shows that I have neither a bank card nor any device linked to my account, affirming that all ties to XXXX ended as of XX/XX/XXXX. I tried speaking with a XXXX customer service operator to verify, but that person only steered me back to the website. I am not sure where the XX/XX/XXXX, charge went to, but XXXX has no record of it and I did not receive anything for it. Bank of America continued to press for payment on the unauthorized charge, plus interest, and closed out my credit account with the bank. After being advised by a legal aid service to pay the delinquent amount to avoid further damage to my credit score, I finally paid the {$99.00} plus late fees and interest totaling {$140.00} for a total of {$240.00} on XX/XX/XXXX. I was also advised to file a consumer complaint with the Consumer Protection Division of the XXXX Attorney Generals Office, which I did on 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