Consumer complaint received 2019-06-17
Company: CARD Corporation
State: TX
Product: Credit card or prepaid card
Sub-product: General-purpose prepaid card
Issue: Problem with a purchase or transfer
Sub-issue: Card company isn't resolving a dispute about a purchase or transfer

Complaint:
I want to begin by saying i am making this complaint because of the handling of my 2 other complaints about Card Corporation ( Card.com ) finding no errors after investigations. 
1.Complaint filed XX/XX/XXXX : XXXX Closed company reaccredited my account after reinvestigating they found errors 2.Complaint filed XX/XX/XXXX : XXXX Pending I am filing this complaint because I'm not sure if just filing complaints about companies not reimbursing consumers for unauthorized charges will cause the CFPB to look at the violations against EFTA and Regulation E directly. 
I am asking the CFPB to look at Card.com for violations of Regulation E : Electronic Fund Transfer Act ( 15 U.S.C. 1693 et seq. ). 
The first dispute filed XX/XX/XXXX complaint filed XX/XX/XXXX relates to the below regulations. 

Liability of Consumers for Unauthorized Transfers 12 CFR 1005.6, ( 71 Fed. Reg. 1638, 1653 ( Jan. 10, 2006 ) )., ( Comment 1005.6 ( b ) -3 ) *A consumer may be liable for an unauthorized EFT ( defined in 12 CFR 1005.2 ( m ) ) depending on when the consumer notifies the financial institution and whether an access device was used to conduct the transaction *The extent of the consumers liability is determined solely by the consumers promptness in notifying the financial institution The second dispute filed XX/XX/XXXX complaint filed XX/XX/XXXX relates to below regulations. 
Preauthorized Transfers 12 CFR 1005.10 ( 12 CFR 1005.10 ( b ), ( Comment 1005.10 ( b ) -2 ). 
*Preauthorized transfers from a consumers account may only be authorized by the consumer in writing and signed or similarly authenticated by the consumer ( 12 CFR 1005.10 ( b ) ). Signed, written authorizations may be provided electronically, subject to the E-Sign Act ( Comment 1005.10 ( b ) -5 ).  In all cases, the party that obtains the authorization from the consumer must provide a copy to the consumer. If a third party payee fails to obtain an authorization in writing or fails to provide a copy to the consumer, the third party payee and not the financial institution has violated Regulation E (  Comment 1005.10 ( b ) -2 ). 

*If a preauthorized transfer from a consumers account varies in amount from the previous transfer under the same authorization or the preauthorized amount, either the financial institution or the designated payee must send to the consumer a written notice, at least 10 days before the scheduled transfer date, of the amount and scheduled date of the transfer ( 12 CFR 1005.10 ( d ) ( 1 ) ). The consumer may elect to receive notice only when the amount varies by more than an agreed amount or falls outside a specified range ( 12 CFR 1005.10 ( d ) ( 2 ) ). The range must be an acceptable range that the consumer could reasonably anticipate ( Comment 1005.10 ( d ) ( 2 ) -1 ). The financial institution does not violate Regulation E if the payee fails to provide sufficient notice ( Comment 1005.10 ( d ) -1 ). 





Both disputes and complaints relates to the below regulation Procedures for Resolving Errors 12 CFR 1005.11 ( a ) ( 1 ) ( vii ), ( d ) ( 1 & 2 ), ( e ) *If the financial institution determines that no error occurred or that an error occurred in a different manner or amount from that described by the consumer, the financial institution must mail or deliver a written explanation of its findings within three business days after concluding its investigation. The explanation must include a notice of the consumers rights to request the documents upon which the financial institution relied in making its determination ( 12 CFR 1005.11 ( d ) ). 
*Upon debiting a provisionally credited amount, the financial institution must notify the consumer of the date and amount of the debit and of the fact that the financial institution will honor ( without charge ) checks, drafts, or similar paper instruments payable to third parties and preauthorized debits for five business days after transmittal of the notice. The financial institution need honor only items that it would have paid if the provisionally credited funds had not been debited. Upon request from the consumer, the financial institution must promptly mail or deliver to the consumer copies of documents upon which it relied in making its determination ( 12 CFR 1005.11 ( d ) ( 2 ) ) *If a financial institution has fully complied with the investigation requirements, it generally does not need to reinvestigate if a consumer later reasserts the same error. However, it must investigate a claim of error asserted by a consumer following receipt of information provided pursuant to 12 CFR 1005.11 ( a ) ( 1 ) ( vii ) ( 12 CFR 1005.11 ( e ) ). 






My first complaint filed XX/XX/XXXX was made when after the investigation of dispute file XX/XX/XXXX for unauthorized EFT ( defined in 12 CFR 1005.2 ( m ) ) was concluded and Card.com determined no error were made and debited my account {$310.00} dollars. 
I did not receive a written explanation of its findings within three business days after concluding its investigation. I have not received a written explanation to date XX/XX/XXXX When I called Card.com on XX/XX/XXXX the next business day after my account was debited I made the request twice to an employee and supervisor fot copies of documents upon which it relied in making its determination ( 12 CFR 1005.11 ( d ) ( 2 ) ) I have never received any copies or documentation to date 6/27/18 After I sent  Card.com excerpts of the EFTA defining unauthorized EFT and that the proper notice was provided and the fact the Card.com fraud department was the one that originally notified me and then i still notified Card.com verbally and in writing with time consternates of a stolen access device when my access device was not stolen and I wasnt subject to the time constraints I requested verbally and in written request to reinvestigate a claim of error following receipt of information provided pursuant to 12 CFR 1005.11 ( a ) ( 1 ) ( vii ) ( 12 CFR 1005.11 ( e ) ). Card.com refused to reinvestigate I then filed a  complaint After CFPB notified Card.com of complaint Card.com promptly reinvestigated claim and found errors they previously could not find and credited my account on XX/XX/XXXX i have received written explanation of the reversal upon finding errors. I received such documentation one on XX/XX/XXXX post marked XX/XX/XXXX date on letter XX/XX/XXXX confirming credit of {$20.00} then i received a second letter on XX/XX/XXXX post marked XX/XX/XXXX and date on letter XX/XX/XXXX confirming 6 more credits after reversal of decision. 
On a dispute claim previously investigated and finding no errors they miraculously found 6 errors. They site through additional information i provided. I provided Card.com : 1.information from  EFTA 2.A police report that wasn't required 3.Sworn statement of fact swearing i did not authorize the charges On XX/XX/XXXX my former Electrical provider debited my account for {$620.00} with out my consent, authorization or preauthorization. I switch service to another provider on XX/XX/XXXX due to being unable to pay my bill after Card.com deducted {$310.00} for my account which was earmarked for electric bill. I could not get ahold of my provider XXXX XXXX  after charge was made. 

I filed a dispute with Card.com on XX/XX/XXXX for unauthorized EFT ( defined in 12 CFR 1005.2 ( m ) )  and/or not giving consent for preauthorization. I explained in order to pay my bill I have register my debt card but always used it for 1 time payment and never authorized {$620.00} at any time. I waited until XX/XX/XXXX to call Card.com on XX/XX/XXXX ( 10 business days ) I wanted to know why I havent received a credit for {$620.00} and was that investigation was concluded and no errors were found. Stated the merchant verified the charge.I have spoken with the first employee, her supervisor, a manager and emailed XXXX XXXX Operations Manager, XXXX XXXX XXXX. XXXX had a anther woman call me and leave a message. Everyone I have spoken to or left a message repeat the same information as if they are reading a script. Card.com has investigated your claim and no errors have been found and that decision is final.and a written explanation has been sent Its XX/XX/XXXX and I have not received a written explanation as required i have requested to each person and in email for copies of documents upon which it relied in making its determination ( 12 CFR 1005.11 ( d ) ( 2 ) ). 

I have been in contact with the merchant whom made the charge. They are claim I signed up for XXXX recurring payments. I told them your saying I set up for recurring payment during the same phone call of which i was refused help when I couldn't afford the amount due and then informed you I would need to switch service providers. Your claiming I signed for a recurring payment with a company I was no longer a customer with? I have asked for copies of XXXXXXXX XXXX signed written consent for preauthorization to debit my account. They dont have such document. But I shouldnt of had to ask for that documentation. Would that not be included in Card.com good faith investigation? 

I have made Card.com aware of Everything I stated in this complaint and they still refuse to follow the EFTA and Regulation E rules and regulations. I can only conclude I an not an isolated case. They have not followed the minimum requirements of the before mention regulation on separate disputes with in a 30day window. I would be willing to bet they are conducting their investigations in such a manner with every dispute. I shudder to imagine how may of their customer have not been reimbursed for charges they are rightful due under the protection of the EFTA. 


I have attached saved pages from my XXXX XXXX account the payment methode page showing the cards i ha register when making payments the XXXX page blank because i never set it up if i had set it up my information would be filled in I sent my billing history showing every payment ever made was ontime payment except the final that is recuring The final bill i saved from their site because i was never sent one. it show the payment method as XXXX and payment made on XX/XX/XXXX even thought payment wasnt due until XX/XX/XXXX i never thought my habit of not paying bills on time would be helpful but look at the billing history i sent and ask yourself is paying his bill 5 days early something my history supports? 
I was able to find out XXXX had no written consent get copies of my account documents with in 3 hours on a saturday why couldnt Card.com get it in 10 days

Company response to consumer: Closed with explanation