Consumer complaint received 2023-08-03
Company: DISCOVER BANK
State: NY
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:
I would like file a complaint against Discover for going against the guidelines outline by the Federal Trade Commission ( FTC ), of making a credit card dispute, in trying to resolve a dispute I have against XXXX. ( XXXX XXXX XXXX XXXX ) Per the FTC, a consumer may file a dispute against a merchant if items : 1. Weren't delivered as agreed ; or 2. Where youd like an explanation or clarification or a written receipt.

Contrary to the dispute process regulated by the FTC, this has not been my experience with both XXXX and Discover ; and in order to close my dispute, Discover has accepted a insufficient response from XXXX which doesnt fully address my complaint ; AND which has inaccurate information, despite me pointing this out to Discover. Opposed to addressing these inaccuracies, Discover is saying that I have to address this with XXXX, which defeats the purpose of a dispute with the card issuer. 

I placed an order with XXXX for {$4300.00}. Because of the high dollar amount, XXXX REQUIRED that the package be delivered upon giving the delivery driver a secret one time password ( OTP ) that XXXX provided me. As stated earlier, a consumer can file a dispute against a merchant if the item wasnt delivered as agreed. 

Because XXXX never delivered the package to my home as agreed ; AND therefore, the delivery driver never received the one time password ( OTP ) that was REQUIRED to be given to him in order to complete the delivery, I asked Discover to request proof of delivery with the OTP. When I brought this to Discovers attention, Discover told me that thats not their problem. Again, per the FTC, a consumer can file a dispute if a package is not delivered as agreed! The package never arrived to my house, AND the use of the OTP is THE ONLY THING that would have confirmed that the package was delivered to the right place or person. In fact, in an email I already provided Discover with regarding the XXXX, XXXX said For security, you'll need to read this one-time password to the driver to receive this delivery. ( https XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) When I brought this to Discovers attention, the only thing that Discover provided me was a receipt from XXXX delivery driver record, saying that according to their delivery driver, the package was delivered to my address. XXXX intentionally and cleverly never mentioned that this was an XXXX  delivery, nor did they provide proof that the XXXX was given to the delivery driver. This goes against what was agreed upon by me and XXXX. In fact, I provided Discover proof that the driver himself was trying to deliver the package without the XXXX because the delivery driver sent me a text that I later discovered, asking me where should he leave the package in my absence. If a driver was supposed to deliver a package upon receiving a specific password, theres no way he could be asking me where he should leave my package in my absence. I didnt see the text message at the time, and therefore never responded to it. Nonetheless he delivered the package to somewhere without the XXXX. He never delivered it to my address because I have cameras on my property to prove it. Because Discover refuses to accept the video surveillance evidence I have of my property as proof, the only thing that can prove if the delivery was properly delivered or not is a receipt from XXXX showing if the driver delivered the package with the XXXX, AND a printout of what XXXX the driver inputted into his device. 

Again, I refer back to the FTC guidelines, in a dispute, a consumer is allowed to get an explanation or clarification or a written receipt. I have asked both XXXX, AND Discover to provide me a copy of what the driver had inputted into his device as the proof of One Time Password, to prove that XXXX didnt deliver the product as agreed. XXXX is strategically covering up the driver never delivering the package by showing the drivers statement that he delivered the package, without furnishing proof that the delivery driver used the OTP for the delivery, which was required. Discover refuses to require XXXX to provide this proof, and upholding their rebuttal. This is a sham investigation. 

I have been using XXXX for years. The delivery driver for this package sent me a text asking where he should leave my package. Since my address is a private residence that was listed on the package, where else would the driver leave the package other than the address listed on the package??? In the YEARS that I have been using XXXX, NOT XXXX XXXX driver EVERRRRR arrived to my property and asked where he should leave a package. Dont you find it weird that this driver is the ONLY driver in my whole entire history with XXXX couldnt figure it out??? The driver likely delivered it somewhere else. 

Because I know that this package couldnt have been delivered as agreed, all is ask is that Discover ask XXXX to provide proof that the package was delivered using an XXXX, and send a printout of what XXXX was inputted upon delivery before denying my claim. Again, per the FTC, in a dispute, a consumer has the right to explanation or clarification or a written receipt. I am not asking for favoritism, Im just asking for proper proof of delivery. 

Even further, I have tried very very hard to resolve this issue with XXXX before going to Discover but they were not being helpful at all. I have also pointed out to Discover that XXXX lied in their response to my dispute by saying that I never filed a never received merchandise claim, when only the opposite is true. 

Please properly address my issues. Please

Company response to consumer: Closed with non-monetary relief