Consumer complaint received 2020-04-30
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CO
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: Overcharged for something you did purchase with the card

Complaint:
Bank of America, Merrill Lynch Visa Card, XXXX XXXX XXXX, XXXX XXXX, TX XXXX, Fax : XXXX - Case number : XXXX On the evening of XXXX XXXX, 2020, a party of three people, of which I was one of said party, dined at XXXX restaurant at XXXX XXXX in XXXX, XXXX. The following was ordered off of the menu ; Tandoori chicken, vegetable biryani, one order of garlic naan, one order of butter naan, two ( 2 ) lassis, two ( 2 ) bottled water and one pineapple/mango juice. The restaurant manager took the order and our menus, then recommended that we must have a curry for the naan. We all agreed on a lamb curry ( see photos of table and curry dish including attached copy of receipt ). 

When the bill came, the manager was nowhere to be found as we had questions why a simple dish of lamb curry ( a small dish of curry at that see photos ) was so expensive. At the conversion rate of dollar to bhat that day ( XXXX bhat to the USD ), that one dish alone came to {$120.00}. For a small dish of lamb curry. 

The staff claimed ignorance and two of the party ( including myself ) had to be at the airport for an international flight the next day, so there was limited time to dispute said charge. The staff had no answer, but wanted to rush us out and I had no choice but to pay, then dispute later. 

When I researched their menu the following week, it was clear that the only item they had on the menu at that price was a whole leg of lamb dinner. We had no such meal. Please see photos of table supporting the fact that three normal-sized people could not possibly eat a dish of curry, a tandoori chicken, a veg biryani, naan AND a whole leg of lamb. I believe the staff made a mistake in billing, but they could not modify the charge without the manager and he was no longer present once the bill came. 

I am more than happy to pay for a curry dish as that is the honest thing to do, but I will not be dishonestly charged for something we did not order or have. 

When I filed a dispute with Merrill Lynch Visa ( B of A ), they accepted the dispute and temporarily returned the disputed amount to my account. On XXXX XX/XX/2020, Merrill Lynch wrote ( letter dated XXXX XX/XX/2020, received on XXXX XX/XX/2020 ) that the merchant had responded and that I had until XXXX XX/XX/2020 to respond with supporting documents or they would deny my claim. XXXX XX/XX/2020 was a Saturday, leaving me just four ( 4 ) business days to respond. On XXXX XX/XX/2020 ( Tuesday ) I paid {$15.00} at an XXXX XXXX to have eight ( 8 ) pages of supporting documents faxed to Merrill Lynch Visa card services, including ; copy of original receipt, letter of facts, letters from two other individuals who were present at the dinner, photographs of said dinner dishes including the curry dish I was grossly overcharged for, filled out and signed Merrill Lynch Visa response form. On XXXX XX/XX/2020 I placed a call to confirm their receipt of the above mentioned fax and representatives claimed they had no fax in my file, but that they sometimes take days to get to them. On XXXX XX/XX/2020, I received a letter from Merrill Lynch Visa that they had denied my dispute for reasons that I did not provide the requested information. After a call placed to Merrill Lynch Visa, I was informed that they had indeed received eight pages of faxes and they would reopen my claim. 

On XXXX XX/XX/2020, a letter was received, dated XXXX XX/XX/2020, stating once again, that my claim had been denied by Merrill Lynch Visa. A call was placed again and I was informed that due to my being present when the card was used and that they had limited reach considering this was a foreign transaction, they were closing the dispute, denying my further requests. All calls have been recorded and saved.

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