Consumer complaint received 2017-07-27
Company: WELLS FARGO & COMPANY
State: NJ
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem with a lender or other company charging your account
Sub-issue: Transaction was not authorized

Complaint:
Dear Sir/Madam : On or about XXXX XXXX, 2017, I book a room with XXXX XXXX XXXX located at XXXX XXXX XXXX XXXX, Virginia. The hotel promoted and assured me that I would be able to utilize the indoor pool at the Court Yard by XXXX because they are sister companies and share each other pools. It is the winter months and XXXX XXXX XXXX has an outdoor pool, which was closed down because the season. However, I was assured that we could use the indoor pool at the Court Yard by XXXX located at XXXX XXXX XXXX XXXX, XXXX, VA XXXX. I agreed and booked the room with the sole purpose that I could have access to utilize the pool at the Court Yard by XXXX.
We checked in at the XXXX XXXX XXXX at XXXX on XXXX XXXX, 2017, see attached copy of invoice from XXXX XXXX XXXX. The invoice states that I checked in the XXXX XXXX, 2017, however if you look at the time I check in at XXXX, it is clear that I checked in on XXXX XXXX, 2017. This is an illegal tactic in this hotels use in order to bill a consumer for an entire day when we only stayed at the hotel for ten hours.
At approximately XXXX in the morning, I inquired at the main desk if we could respond next door to the Court Yard by XXXX to utilize their pool and I was informed that their pool was shut-down for repairs. I was dumbfounded and shocked, I advised the representative that it was never stated to me that, the pool was shutdown for repairs and had that been stated, I would have never booked with this hotel. In addition, I advised the representative that we drove over four hundred and fifty five miles and it took us over nine hours to get here because of traffic, the representative stated that it was nothing she could do and it was up to her manager to approve any accommodations.
I then spoke to the manager and explained to her everything I just previously stated and she was unsympathetic and did not even attempt too nor offer any accommodations, although it was their error and deceptive tactics that resulted in us being extreme inconvenienced. I even requested to know why I was not notified that the swimming pool at the Court Yard by XXXX was being repaired before I travel over 455 miles and spent 9 hours in traffic, the manager had no answer. The manager even responded sarcastically by stating that they do not have an indoor pool and once again, she did not show one single sense of remorse, empathy or care to accommodate a loyal XXXX customer. I was extremely astonished and deflated in the manner in which we were being treated.
Thereafter, we checked out of the XXXX XXXX XXXX at XXXX XXXX and I filed a complaint with Wells Fargo Bank immediately, at XXXX, please refer to claim # XXXX. I advised Wells Fargo Bank of my complaint as previously mentioned and I was advised that the matter would be investigated.
We then responded to the Country Inn Suites located at XXXX XXXX XXXX  XXXX, Virginia XXXX and rented a room there because this hotel has an indoor pool. ( See attached copy of invoice ) On XXXX XXXX, 2017, I called Wells Fargo Bank to ascertain the status of my complaint and I was advised by XXXX ( phonetic ) that XXXX XXXX XXXX have until XXXX XXXX, 2017 to respond.
On XXXX XXXX, 2017 I contacted Wells Fargo bank and spoke to XXXX ( phonetic ) and he stated that my case was closed because XXXX XXXX XXXX  failed to respond and I was credited the {$170.00} back to my checking account.
Thereafter, on or about XXXX XXXX, 2017 I received call from Wells Fargo bank advising me to call their claims department. I was advised that my complaint was going to be reopened because the XXXX XXXX XXXX had finally responded. I immediately interjected and stated that XXXX ( phonetic ) advised me on XXXX XXXX, 2017, that my case was closed because XXXX XXXX XXXX failed to respond, Wells Fargo Bank had no answer.
Unfortunately, on XXXX XXXX, 2017, XXXX ( phonetic ) and XXXX ( phonetic ) advised me that Wells Fargo Bank had completed their investigation. Thereafter, I was advised that they were going to credit XXXX XXXX XXXX back the {$170.00} because the hotel stated that I stayed at their facility for one night. This is wrong!
In conclusion, the only reason I booked the room at the XXXX XXXX XXXX is because they DECIEVED us into believe that we would have access to the indoor pool located at the sister hotel, Courtyard by XXXX. It was not until we arrived at the hotel, that we were told that we could not use the pool because it was being repaired. Although I explained to the representative and manager at the XXXX XXXX XXXX that I drove over four hundred and fifty five miles and spent over nine hours in traffic, they showed not one single act of remorse, empathy or care for their mistake and my inconvenience.
In addition, the staff at the XXXX XXXX XXXX did not take even the minimum action or common courtesy to notify me that the pool was out of service prior to us driving over 455 miles and spending over 9 hours in traffic to drive to their location. More importantly, we check in on XXXX XXXX, 2017 at XXXX XXXX and NOT XXXX XXXX, 2017 as their invoice erroneously alludes. This is an illegal and deceptive tactic that this hotel uses in order to bill a consumer for an entire day, when in all actuality, we stayed at the XXXX XXXX XXXX for ten hours and 18 minutes.
It is illegal to promote, falsely state and deceive anyone of false services and thereafter demand that they make full payment for services they failed and could not render, see Virginia Consumer Protection Act 59.1-200. Prohibited practices.
1. Misrepresenting goods or services as those of another ; 2. Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions ; 3. Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection with a consumer transaction ; 4. Violating any provision of the Comparison Price Advertising Act 5. Violating any provision of the Virginia Travel Club Act 59.1-204. Individual action for damages or penalty.
A. Any person who suffers loss as the result of a violation of this chapter shall be entitled to initiate an action to recover actual damages, or {$500.00}, whichever is greater. If the trier of fact finds that the violation was willful, it may increase damages to an amount not exceeding three times the actual damages sustained, or {$1000.00}, whichever is greater. Any person who accepts a cure offer under this chapter may not initiate or maintain any other or additional action based on any cause of action arising under any other statute or common law theory if such other action is substantially based on the same allegations of fact on which the action initiated under this chapter is based.
I am requesting that Wells Fargo Bank reimburse me the {$170.00} for conducting a faulty investigation. In addition, for reopening the investigation to my complaint that I was informed was closed, to allow XXXX XXXX XXXX an opportunity to respond. I want assurances there is not any collusion between Wells Fargo Bank and XXXX XXXX XXXX that should have been disclosed to me at the onset, such as both entities doing business together.
Sincerely, ___________________________________ XXXX XXXX Dated : XXXX XXXX, 2017

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation