Consumer complaint received 2021-09-08
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NY
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: Credit card company isn't resolving a dispute about a purchase on your statement

Complaint:
My complaint is against Bank of America, the issuer of my Visa XXXX XXXX card. I used the card to buy a carbon-fiber electric bike on XX/XX/XXXX from a company called XXXX ( XXXX ) based in the XXXX XXXX XXXX , with production in XXXX. By XXXX it became clear that the bike, which cost me {$3000.00}, was never going to arrive, so I phoned Bank of America 's hotline to dispute the charge. Initially the claim was handled as a billing dispute. I was eventually told that because I was disputing the charge more than 90 days after purchase, nothing could be done. I stressed that I had been giving XXXX the benefit of the doubt, accepting their excuses for the delays, until XXXX when it became obvious I was getting swindled. Bank of America then opened a fraud claim on the case. Eventually the bank granted me a temporary credit for the full amount, only to notify me and my wife, who also is on the account, on XX/XX/XXXX that the fraud claim had been denied. 
B of A seems to be working almost cooperatively with XXXX to rip me off. Every time I phone the bank, I have to start from scratch with a new employee to explain the case. The billing dispute department and the fraud department don't communicate. The bank has, to my knowledge, made zero effort to recover the money XXXX stole. The presumption of protection I had when purchasing the bike with B of A 's credit card has shown to have no basis in reality. 

I filed a theft report with the XXXX, XXXX Police Department at the suggestion of the " customer satisfaction specialist '' at my local Bank of America branch in suburban XXXX, NY. I have a B of A fraud case number if you need that. 

B of A 's position, based on the conversations I have had with phone reps, is that I missed the 90 day window ( an unfair and unrealistic deadline in this case that uses my desire to avoid a dispute against me ) and that this theft does not meet the bank 's definition of fraud because I willingly provided XXXX with my credit card number. In essence, B of A is abetting online theft. 

Here is a timeline of key events XXXX XXXX XXXX I order bike online ( Order No. XXXX ) and pay for it via B of A/Visa cash rewards card/ {$3000.00}. Im told via chat rep XXXX that the bike would arrive approx. XX/XX/XXXX. 

XXXX XX/XX/XXXX : XX/XX/XXXX comes and goes. No bike. I contact XXXX. Im told late XXXX is the estimated shipping timeline. 

Early XXXX : Still no bike. I contact XXXX. Im told my bike is done except for battery Problem with supplier. 

XX/XX/XXXX I receive email notification from XXXX that my bike has been shipped. At this point I begin receiving frequent and fraudulent automated updates that my bike is on its way. The updates continue into late XXXX when I am informed that my delivery has cleared US Customs and has been assigned to a courier for delivery. 


XX/XX/XXXX I receive notification from XXXX that the bike remains in XXXX due to a problem. I asked XXXX to cancel the order and refund my money. I immediately notified Bank of America/Visa that I suspected Ive been victimized by a fraud. 

On or About XX/XX/XXXX An XXXX XXXX XXXX XXXX wrote in Ticket # XXXX that there was a delay processing my refund due to a technical problem. 

Since the end of XX/XX/XXXX, I've had some email exchanges with XXXX CEO XXXX XXXX, at least that is the identity he claims. I told him I would accept a bike instead of a refund. He promised to make it his personal priority to get me my bike, but there has been no follow-up. XXXX 's documented position through their " ticketing '' online customer communications system is that once I asked for a refund, they no longer were obliged to send the bike, and it's up to me to pursue a refund through my credit card company. 

I am not sure who is worse -- - XXXX or Bank of America. But Bank of America is much larger, and they are acting irresponsibly. B of A iis hiding behind semantics and legalese to dodge responsibility, as they profit from online cc purchases. They've set up a wall that makes it impossible to speak with anyone who can make a difference. And if they are doing it to me they are doing it to others. 

XXXX XXXX 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