Consumer complaint received 2021-01-23
Company: UNITED SERVICES AUTOMOBILE 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: Credit card company isn't resolving a dispute about a purchase on your statement

Complaint:
On XX/XX/2020 my USAA Visa card was used to make fraudulent transactions at XXXX ( XXXX XXXX for {$450.00} ) and XXXX  XXXX  ( Unknown Item for {$200.00} ). I have not used this card in years. After these purchaes were made, I received a fraud alert text from USAA. I called them and advised them I did not make these purchases, nor did I authorize my card to be used for these purchases. They instructed me to destroy the card immediately, which I did. 

A few weeks later, USAA called me and told me that because I was later able to locate a USAA Visa credit card at my house, and the transaction appeared to be a " card present '' transaction, they were NOT going to classify these purchases as fraud. It is their premise that these purchases must have been made by myself or someone in my household. 

They advised I file a police report and work with the retailers to obtain proof that these purchase were not made by me, someone in my household, or anyone I know. 

Subsequently, I contacted both retailers and asked for their cooperation in acquiring transaction history as well as video surveillance and still photographers of the subject/s making the fraudulent transactions. 

XXXX provided me with the transaction information as well as video and still photographs of the subject. It should be noted that the subject is neither a member of my household, nor anyone I or my wife know or recognize. The Security Manager at XXXX remembers the day this transaction occurred, as the subject also attempted to make a duplicate purchase with another one of my XXXX  credit cards XXXX a XXXX XXXX card I also have not used in years ). That transaction was immediately flagged as fraudulent, and the subject fled the scene. 

The XXXX store is also being very cooperative and I am still waiting for the security manager at XXXX to send me their transaction and video information. 

It should be noted that XXXX XXXX immediately recognized these purchases as fraudulent, however USAA has thus far REFUSED to remove these fraudulent transactions from my Visa account, even AFTER I signed a sworn affidavit and emailed them the transaction history and photographic evidence provided by XXXX. 

These are fraudulent transactions, and USAA is holding ME personally liable for these fraudulent charges In so doing, they are in direct violation of the FAIR CREDIT BILLING ACT ( FCBA ). 

To date, I have submitted multiple disputes to USAA, and made multiple pleas with them via telephone. They remain steadfast in their refusal to remove these fraudulent charges from my account. 

I am seeking the assistance of the CFPB in this matter, in the hopes USAA Federal Savings Bank can be held accountable for their refusal to comply with the FCBA. They are mandated by law to remove these charges from my credit. 

Thank you for your assistance.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with monetary relief