Consumer complaint received 2021-11-03
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: GA
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:
Regarding case XXXX submitted to Bank of America : I ordered a pair of shoes from XXXX XXXX on XX/XX/2021 using my Bank of America credit card. During ordering, the merchant 's website showed that the item would be delivered within 1-2 weeks. Also, their " Delivery '' page specifically mentions this timeframe and adds that during times of high demand it might take up to 5 extra days to deliver the item ( last page of the attachment ). This motivated me to purchase from the merchant. However, I received the item 42 days later. During this time, I requested the merchant multiple times to cancel my order since I was not seeing shipping information as pending or blank. Once I received the item, I submitted a return request through the merchant 's website quoting the delay but they rejected the return request since the item was not defective and provided a mere apology for the delay. I approached again asking if a partial refund could be made for the return. However, they didn't serve me a return label. As a result, I disputed the charge. 

Bank of America sent me a letter asking for proof of the return or the reason why the return couldn't be made. I submitted a detailed letter describing the events, the merchant 's reluctance to serve a return label, and attached all email correspondences with the merchant, and the merchant 's delivery promise. Still, I got a response like- " We can not continue your dispute without proof that the merchandise was returned, such as tracking information or a signed return receipt showing that the merchant accepted the merchandise. '' I approached Bank of America to reconsider the claim but they said the merchant 's return policy does not allow return unless the item is defective. Actually, this is a fact the merchant indicated in the email correspondence but it is nowhere mentioned in the return policy. The return policy just mentions that they don't provide a full refund unless the item is defective but says nothing about the case of delivery delay. Moreover, their website has a deceptive " Free delivery and returns '' tag.

However, my dispute was solely based on the " 1-2 weeks delivery '' promise that the merchant showed on their website for which I am asking for a return and policy exception if required ( although I don't think so ). I don't understand why Bank of America is referring to the return policy, exaggerating it as mentioned above but ignoring the delivery promise. I told them I could still return the item if the merchant serves me with a return label or address. But, Bank of America replied that they couldn't enforce that. So, it appears that they can enforce me to return the merchandise in order to win the dispute but they can't enforce the merchant to serve me the return label first for them to win. I am feeling like I am not being treated fairly. This delay made me purchase alternatives from elsewhere and I would incur a financial loss if the merchandise couldn't be returned.

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