Consumer complaint received 2019-10-23
Company: CITIBANK, N.A.
State: CA
Product: Credit card or prepaid card
Sub-product: Store credit 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 I used my Shell Small Business Card to purchase fuel from Shell Station number XXXX in XXXX, WY. After paying the cashier, my card was not returned to me. I was unaware of this. I was driving on a long trip and did not have need for my Shell card after that. Back at home in XXXX XXXX I frequent a station that does not accept Shell Cards so I was still unaware that it had been lifted. In XX/XX/XXXX my bookkeeper advised me that someone was using the same card to purchase gas from the same station in XXXX, WY. That card was used for 48 transaction over the next 2 months to buy fuel ( sometimes multiple transactions in the same day ) for a total amount of {$2900.00}. Once I discovered this I immediately called Shell Business Card and reported the fraudulent charges. I told them that it seemed to be an inside job as I then recalled that the station attendant had not returned my card to me. Additionally I have noticed that if I use my card at the pump, it requires me to input my PIN. If I take it to the cashier and they process the card, no PIN is necessary. I believe that an employee or related party of that particular gas station is responsible for stealing my card and making the fraudulent charges since they would not need a PIN to run the card there. Shell posted a {$2900.00} credit on my account after I reported it and told me they would investigate the fraudulent charges. However, in XX/XX/XXXX, Shell Small Business Card, billed me back for the {$2900.00} of fraudulent charges. 

On XX/XX/XXXX Shell Small Business Card, Security Operations Center sent me a form letter that advised me that they had completed their investigation of unauthorized use and they had determined that mu Company was responsible for the charges. They said that their policy was that if I ( my small business ) had 10 or more cards issued to it at my request, that in accordance with section 135 of the Federal Truth in Lending Act, I automatically waived all limitations to liability for unauthorized use. 

On XX/XX/XXXX, I sent a letter of response to Shell Small Business Card, Security Operations and told them that I took exception to their claim that I had requested to be issued 10 or more cards. I asked them to send proof that I or my company had ever requested 10 or more cards to be issued. I also told them that I believe that they issued 10 or more cards to us without our consent specifically to dodge liability for unauthorized use and effectively force my waiver of liability. 
As of now, I have not received any more correspondence from Shell on this matter. The Shell Small Business invoice has a balance due of {$1500.00} on it that is accruing interest and late charges. I have not been paying them since XX/XX/XXXX.

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