Consumer complaint received 2023-09-29
Company: Winklevoss Exchange LLC
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:
On XX/XX/2023, at XXXX, an unknown charge to me occurred at XXXX XXXX in XXXX XXXX The Gemini Credit Card XXXX by XXXX for {$250.00} Dollars. 

I made my initial report on XX/XX/2023 to The Gemini Credit Card 's customer service calling center notifying them of the fraudulent charge. I told them and submitted documentation explaining I did not make a purchase from XXXX XXXX on that date nor for that amount, and I have never been to the city of XXXX. My account was credited the full amount and I was notified that a further investigation would be conducted over the validity of my claim. 

On XX/XX/2023, I received a letter from Gemini Customer Support, Dispute Resolution, stating that upon completion of their investigation, they have determined no billing error occurred, in whole or in part, for the following reasons : - Based on our ( Gemini 's ) review of relevant information and merchant re-presentment, no error was found. 

The {$250.00} and any interest would be included on my account balance by my next statement date. 

The letter stated " We will provide you with the documentation we used to make the determination, upon request. '' XX/XX/2023 - I disputed the results of the investigation and requested the documentation that was used to make the determination. The customer service agent said they had evidence that I ordered the item and had it delivered to my residence. I was also instructed to dispute the charge again in order to continue the process. 

XX/XX/2023 - I called again asking why I haven't received the documents yet. They said it takes time to retrieve the information which I thought was unusual because they are not making a new determination. They just needed to provide me the evidence they used. 

XX/XX/2023 - I still have not received the evidence promised to be provided. I called Gemini Customer Service and asked to be speak with someone from the Dispute Resolution Center, and was informed by customer service agent that that's not possible. They can only contact that department by email. I requested for the Dispute Resolution center to contact me directly, then. The Customer Service Representative said okay, but I was never contacted. I then asked to speak to the Customer Service Agent 's Manager or Supervisor on duty. I was told that none are available. I said please have them call me. No one ever called. 

I called many times after that and would always get the no supervisors are available. All I wanted was to see the evidence they used to make the determination that I was in fact the person who made that purchase at XXXX XXXX. They noted the XXXX provided evidence and was interested in what was provided. Finally, a customer service agent said the determination will be made by XXXX and that I'd see the evidence then. It did not make sense to me that it would take approximately over 90 days to provide evidence from the date of the determination on XX/XX/2023. 

My next call was the 1st or 2nd week of XX/XX/2023 and I asked why I still not have received the evidence used to make the determination. The Customer Service Agent said the Dispute Department sent me an email requesting more information. I did not see this email. When I found the email they sent, it stated the following : " Thank you for reaching out to Gemini Credit Card Support. 

We received your request to reopen your disputed transaction submitted XX/XX/2023. 

For us to proceed with your request, please send us your rebuttal letter along with any supporting documents and new information. '' At this point I was perplexed. I explained to the customer service agent, that it wasn't on me to prove I didn't make the purchase at this point. Gemini Credit Card Dispute Resolution already made that determination. I was requesting the documentation Gemini used to make their determination as promised. I couldn't believe they ignored that request and instead pushed it upon me to provide the evidence to support my case. I told the agent I would not provide any documentation until they provide the initial evidence used to make their determination. 

XX/XX/2023 - I received a letter from Gemini Customer Support Dispute Resolution that mirrored the one received on XX/XX/2023 but why the decided against me was different. This letter stated that based on their investigation of relevant information, including transaction and account activity, no error was found. It also stated that the disputed amount of {$250.00} would be included on my account balance on my next statement. The charge was already included. They did not tailor this new letter to the facts of the dispute. 

XX/XX/2023 - I'm writing to the CFPB for any help in this matter. The fact that the Gemini Credit Card company promised to provide evidence used in their determination that the charge wasn't fraudulent and did not do so, plus they have not refunded my money despite a legitimate dispute - This could be considered unfair or deceptive behavior and a potential XXXX violation. 

This could fail to comply with Regulation E as Credit card transactions are covered as an electronic funds transfer, and the Credit Card company failed to properly investigate and resolve this issue. 

Thank you

Company response to consumer: Closed with explanation