Consumer complaint received 2019-05-07
Company: JPMORGAN CHASE & CO.
State: NC
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:
Please be advised of the submission of the attached police report for the pending criminal charges against XXXX XXXX XXXX for the XXXX XXXX card theft on the above account along with two other accounts. This account was reported to your office as fraud in XX/XX/2019 as was improperly cited as a civil matter after Mr. XXXX attempted unsuccessfully to negotiate the repayment of these cards on both his behalf and the affected cards behalf as well for full restitution and to avoid criminal prosecution. These attempts were unsuccessful after Ms. XXXX missed every promised repayment date and as such, the case has been referred to the DAs office for criminal charges. As directed by the Chase Executive Office,  this claim is being resubmitted to you with the police report attached for processing of this claim as fraudulent. 
No further payments will be made on this account by Mr. XXXX as this account has been properly documented and reported as fraudulent to your company. Any attempts to collect this debt or require Mr. XXXX to make payments with threat of lawsuits, negative credit impacts, or garnishments or liens will be met with civil action. This complaint and accompanying police report are also being submitted to the North Carolina Attorney Generals Office and the Consumer Financial Protection Bureau due to the failure to thoroughly investigate this claim as fraud and writing the account off as civil citing the victim allowed the perpetrator access to his cards because they lived together. This statement was NEVER made by Mr. XXXX and is a falsehood created by the Chase fraud department to prevent alleviating Mr. XXXX burden placed upon him by the fraudulent charges on this account. Mr. XXXX has never made any statement that Ms. XXXX was allowed to use his cards, nor has he told you as much. This narrative was created by your own department and explained to Mr. XXXX by telephone that our system had no option to notate your account, so we had to put in there you provide access to your cards. This notation must also be removed as it is both incorrect and was NEVER stated by Mr. XXXX. This creates confusion and inaccurate information by anyone new who looks at this account and falsely assumes Mr. XXXX allowed Ms. XXXX access to his cards. This is not true as Mr. XXXX has stated in his complaint, Ms. XXXX took these cards from his wallet and dresser drawers without his knowledge or permission as well as recorded all his account numbers, security codes, expiration dates, and personal information in a notebook and used these without his permission. This notation on his account is false and must be removed immediately. 


Lastly, no Statute, Federally or at the NC State level, allows for the commission of a crime to be civil for XXXX card theft simply because the victim and the criminal live in the same home. This would negate any purpose of authorized users, credit reports, or even the requirement to sign for authorization on purchases if anyone in the same household could use another persons credit card without their permission. It would also make the zero fraud liability your company advertises completely useless as you would simply claim anyone who used anothers card without their knowledge is civil, as you are trying to do to Mr. XXXX, simply because they resided in the home. 
Your argument is now that any family member, friend, roommate, or overnight guest could then illegally take the card holders credit card and use it without fear of any financial or legal consequences. Obviously, this is NOT the case and your company is well aware that no such law or statute exists, yet, you are attempting to use this as your justification for denial of Mr. XXXX fraud claim. I strongly recommend you take this fraud claim seriously at stop the ridiculous claim that this fraud is his responsibility to payback when you have all of the necessary evidence to support this claim as fraud. Simply stating to Mr. XXXX Our company is a financial institution and does not want to take this as a financial loss is NOT Mr. XXXX responsibility. Your company promotes a zero-fraud liability and must adhere to those promises once documentation has been provided that Mr. XXXX is NOT responsible for these charges. 
Your company is now in possession of Mr. XXXX statement of who the perpetrator is, her contact information, a copy of all fraudulent charges, and lastly a police report showing the charges for XXXX XXXX Transaction Card Fraud being filed by Officer XXXX XXXX of the XXXX Police Department on XX/XX/2019 after Mr. XXXX was unsuccessful in recovering these stolen funds himself on behalf of your company through negotiations with Ms. XXXX. Mr. XXXX has shown good faith in his actions and responsibility in his attempts to resolve this matter on his own prior to submitting this case to your company for fraud. 
It has also been your own companys admission to mistakenly calculating the initial refund to Mr. XXXX account and then informing him this money was his to use on the card at his leisure because it was his refunded charges, even submitting a request to have a paper check cut in the amount of {$2500.00} sent by mail for his remaining refund so that he could cash the remaining refund out all at once without having to use the card to access the refunded money, then abruptly claiming this account is NOT fraud and instead civil and demanding all money to be returned after giving him access to these funds. This miscalculation on the refundable amount is not the fault of Mr. XXXX as your company and your company alone calculated the refund amount and then gave Mr. XXXX the access to these funds. The burden of your error is entirely upon your company and Mr. XXXX owes no further payments to your company. While Mr. XXXX is not demanding the excess money from the miscalculation, it is his stance that failure of an international banking institution to accurately provide the right refunded amount on his account is not his responsibility. It is the responsibility of Chase to ensure their employees are able to calculate simple mathematical equations and then properly apply those calculations to consumer accounts. With millions of transactions completed every day, a typical consumer such as Mr. XXXX should feel confident in the accuracy of the calculations and refunds provided since Chase has the more experienced and educated personnel on staff who do this exclusively on a daily basis. To attempt to require Mr. XXXX be held liable for your companies mistake in applying a refunded amount above what you intended is simply asinine and is a cost of doing business on behalf of your company. This should serve as a learning lesson to make sure that your company checks for accuracy before sending money to customers and then informing them they may spend this refund as it is theirs to do as they please. Mr. XXXX is not responsible for double checking your math, nor did he have the knowledge or the ability to do so as your company is attempting to argue. Should a client make a similar mistake and overpay on their intended minimum payment to Chase, I have no doubt that Chase would simply say It is not our responsibility to ensure the accuracy of how much money you pay us, so why would you expect something different from your customer, or in this case? I expect a full review of this account and all disputed charges submitted as fraudulent to be removed as promised.

Company response to consumer: Closed with explanation