Consumer complaint received 2022-02-09
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
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:
On XX/XX/XXXX my husband, XXXX, responded to an offer to purchase an I-pad for {$19.00}. He gave them his credit card number, email address and home address. 

On XX/XX/XXXX we received our Bank of America ( BofA ) credit card statement in the mail and noticed that a charge was made on XX/XX/XXXX from a company called XXXX  out of Texas and another charge was made on XX/XX/XXXX from a company called XXXX out of XXXX for {$110.00}. XXXX called XXXX about the {$110.00} charge and found out it was a vitamin supplement company. Their representative gave him another number to call and that person referred him to their " support '' website. XXXX knew he was getting the run around, so we filed a fraud complaint with Bank of America over the phone and included both charges because neither XXXX of us ever ordered any supplements from either company. At the time, I do not believe we connected it with the ordering of the I-pad. 

On XX/XX/XXXX, Bank of America sent a denial letter stating the merchant, XXXX claimed the {$110.00} was a subscription or re-occuring bill and that we were repeat customers. I called the company and they said XXXX ordered through some sweepstakes contest, but they couldn't help me since BofA was handling the dispute. The representative said that she would make a note in the file that we didn't order any products from them and never received any products from them On XX/XX/XXXX, I called BofA explaining that I thought the 2 charges were somehow related and reiterated that neither one of us ordered, nor received supplements from either company. It was my opinion that the first charge for {$19.00} from XXXX sold XXXX 's information and credit card number to the second company, XXXX which is a company in another state. The dispute for {$110.00} was reopened. The {$19.00} charge was still pending at the time. 

On XX/XX/XXXX, We received a denial from BofA for the {$110.00} charge.The company, XXXX, submitted a receipt that said we ordered 1 product for {$110.00} ( no description of product, just says product qty 1 ) and no shipping information ( how shipped, shipping tracking number, etc ). Bank of America therefore denied our claim saying that was proof we received the merchandise. 

On XX/XX/XXXX - Called to explain the situation and dispute again. The Representative just chastised me for falling for a scam. Was very condescending so I gave up talking to him. 

On XX/XX/XXXX - Called Fraud and re-explained what happened. Reiterated that the only order made was for an I-pad for {$19.00} that never came, and we never ordered nor received any supplements or ipads. Case was put in dispute again. Rep said the {$19.00} charge was still pending. 

On XX/XX/XXXX - Received letter from BofA denying dispute again for {$110.00} stating giving the reason that I granted access to an authorized user on my credit card, thereby I have to accept responsibility and that the home address, phone number or email address matches what the merchant has on file. If XXXX ordered and received a product, I do accept responsibility. In fact, I believe I stated in the next call to BofA that if anything, we were responsible for the {$19.00} charge since XXXX placed an order. However I felt that since we still didn't receive any I-pad, it would still be a dispute for a product ordered, but not received. This denial in my opinion did not address the dispute or act of fraud in any way. 

On XX/XX/XXXX - I called BofA and explained the situation again and the XXXX suggested I file the ordering of the laptop as a billing dispute instead of fraud ( which I now found out that BofA considers to be a totally different department ). I told the rep I felt it was both a fraud related and a billing dispute. I felt the whole thing was fraudulent since we never ordered supplements. It was also a billing dispute, since we were being charged for products we never received ( nor ordered ). She said we couldn't claim both and suggested combining both claims into XXXX as they seemed to be related. I agreed. I asked to speak to the person who decides the case, but was told that BofA only allows customers to talk to Associates. I then asked to speak to a supervisor and was told no one was available now, so she took my number and said a supervisor would call me back. No one ever did, so I called back on XX/XX/XXXX to find out about late fees and interest since my bill for the {$110.00} in disputed charges was due that Monday and BofA wouldn't hold off billing me on the disputed charges. I felt I was forced to pay the minimum amount so I wouldn't incur a late penalty. 

Received a letter dated XX/XX/XXXX saying that they resolved my claim for {$19.00} ( which was 113 days from my original dispute for that claim ) and that they resolved that dispute in my favor. No explanation. On the same date, they declined the dispute for the {$110.00} charge because it was made by an authorized user. This is so frustrating because this answer does not address the complaint/dispute which I have stated in numerous conversations with BofA reps XXXX and they seem to agree with me when they opened and re-opened the disputes. But when it gets to the fraud team, they just don't understand so I will summarize below. 

I maintain the dispute to be as follows : 1 ) XXXX ordered an I-pad on XX/XX/XXXX for {$19.00}. While he can recall the amount, he does not recall, the company name. He has not received an i-pad to date. 
2 ) BofA credit card statement revealed 2 charges. XXXX for {$19.00} and another for {$110.00}. Both companies seem to sell supplements. Neither XXXX nor I ordered supplements, so I disputed the charges immediately. 
2 ) It seems the second merchant ( not sure if same merchant or not since different names and different states ) told BofA that we are " existing customers '', but have provided no proof that we are existing customers who have ordered products from them in the past, nor have they provided proof that they shipped us anything. 
3 ) We maintain that neither one of us have ever received/nor ordered any supplements or products from either company ( the receipt sent to us only says product ), nor have we received an i-pad. 

While most of the BofA Reps have been friendly and seem to understand the situation, and dare I say seem to agree the transactions were fraudulent, when it gets to the fraud division, things seem lost in translation. I tried everything possible to get BofA to reverse the charges BEFORE they paid either merchant. These merchants are so blatantly fraudulent and a scam, which we didn't realize until after we got our statement with the charges. BofA was negligent in protecting us as their customer. 

I would like to add, that I have no documents except those that BofA sent me, since we did not order any supplements from either merchant, nor did we receive any products. The merchants have not sent us anything at all.

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 monetary relief