Consumer complaint received 2023-09-24
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:
XX/XX/2023 To : GEMINI  Card Holder Service Account Ending : XXXX Purchase made XX/XX/XXXX at XXXXXXXX XXXX Disputed to Gemini on XX/XX/XXXX at XXXXXXXX XXXX Dear Sir I really believe there has been an error or discrepancy with this transaction, and after reviewing the terms and conditions of my agreement with Gemini XXXX  LLC, I am exercising my rights under the Fair Credit Billing Act and

the Billing Rights Notice provided in the agreement. The Merchant refund policy is not onl
y Unfair ( Harm and substantial monetary injury ) Deceptive ( Not delivering what they promises ) but it is Abusive ( Deliberately taking advantage to the consumer ) under UDAAP Law.

Gemini requested me proof of no access to XXXX XXXX system and I sent proof of no access dated XX/XX/2023 showing the system didnt allow me to access the System. Then Gemini answered me that I actually needed to proof that I didnt have access after XX/XX/2023, I did send the proof per your request. 

I sent an email to XXXXXXXX XXXX asking them to send me proof of no access because Gemini was requesting the proof for the refund ( I sent this email to Gemini on XX/XX/XXXX ), instead XXXXXXXX XXXX  gave me access by email on XX/XX/XXXX, instead of sending me proof of no access, it is a violation of my contract. 

I Never requested access ; I did request proof of no access and XXXX XXXX refused to give it to me. I am not using or accessing the system and I will never use it, never. It is not what I have been requesting to Gemini or XXXXXXXX XXXX I want the refund of the money. 

Gemini representative, you continue mentioning that I completed the course, Sir I never completed the course, your determination was based on XXXXXXXX XXXX documentation that didnt prove the completion of the course at all, companies will send you an email congratulate you for completing the course with them or the system will show the completion of the course, you do not have that proof because that never happen.

Duration of the Purchase : Only 12 days, and I have not reached the end of 6 months period stipulated in the Merchant refund policy.

Proof of no Access : Upon the Cardholders request, I provided proof that I did not access the content after the initial viewing, this should validate my claim for a refund as I have not made any further use of the product.

Charge Back Initiation : I initiated a charge back due to my belief that the product was not as advertised.

Content Theft & Fraud Report : I would like to clarify that my intention was never to engage in content theft or fraud, as the Merchant mentioned, my feedback was based on my initial impressions, and my subsequent decision to request a refund was due to my dissatisfaction with the product. 


Furthermore, I have made every effort in good faith to resolve this issue with the Merchant involved but have been unsuccessful, the Merchant do not answer my emails anymore, As such, I am invoking my rights as a cardholder, as outlined in the agreement, to not pay the remaining amount due on the purchase.

I kindly request the refund of of {$8600.00}, thank you for the prompt attention to this matter, I trust that Gemini will handle this request with the professionalism and efficiency that I have come to expect. 


Sincerely XXXX XXXX XXXX

Company response to consumer: Closed with explanation