Consumer complaint received 2019-05-02
Company: JPMORGAN CHASE & CO.
State: TX
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:
On XX/XX/XXXX I purchased a bluetooh headphone in XXXX XXXX 's in-flight store as I traveled on one of their planes. I received the item near the end of the flight as passengers were disembarking, which was not an issue as I was not planning on using it while on the flight anyways. 

Upon returning home and opening the item, I discovered that it was defective, such as headphones not connecting, sound only coming out of one or the other ear, sound having lots of static. These issues were consistent when using the headphone on multiple devices. 

I attempted to reach out to the merchant, but from my research my understanding is that the airline is based in XXXX and their main call center is in XXXX. I endured long wait times ( 40 minutes - 1 hour+ ), and got XXXX speaking representatives. I would have to hang up and call again to try and reach an English speaking representative. When I finally got in touch with one I was simply told that their policy does not allow returns. 

This is in contrast to US consumer protection laws and Visa 's card processing guidelines. Clearly in XXXX a costumer should be able to receive a refund for a purchased item that is defective. 

It is under these circumstances that I reached out to Chase and initiated a dispute. I gave them the same explanation and context that I had made multiple attempts to work with the merchant and was not given a resolution. 

A summary of the next events : XX/XX/XXXX : Chase digitally sends a letter from the merchant with an email address and XXXX phone number for me to contact them for resolution. I was told this letter would be under my statements but did not find it there. 

Around XXXX : XXXX, a Chase representative, gets back in touch with me and ask me to try looking for the letter in different areas of their website. After trying several different areas of the website I found the letter. I explained my concern that I had already tried calling the merchant and did not get a resolution. I asked if the merchant does not respond, does that give me grounds to continue with the dispute, and if so what is the last date to continue the dispute? XXXX answered affirmatively that certainly if the merchant is non-responsive then we can continue with the dispute, with the deadline being XX/XX/XXXX. 

XX/XX/XXXX : I email the merchant at the email address provided to me and explain I am looking for a resolution. The merchant does not reply. 

XX/XX/XXXX : XXXX calls me again and I explain that the merchant has not replied to my email. XXXX provides me with a Chase email address to forward my email to her as evidence. I comply with her request exactly as she states. 

XX/XX/XXXX : Today, XXXX called me and informed me that she received the email I sent her that she requested. However, because I made this purchase in-person, I had the opportunity to inspect the item and thus I did not have the right to dispute the charge. 

That reasoning does not sound valid to me. There are millions of in-person purchases each day. Especially with electronics, even if you purchase it in person you may not be able to confirm that it is working. If I purchase an video game console, would I demand that the merchant allow me to connect it to their TV and electric outlet in order to test that it is in good working order? In my case, I made this purchase in-flight near the end of the flight. Many times while in the air we are instructed to put our phones away, and I had no intention of using this new item while on the flight. I have never been instructed to verify the condition of an in-purchase item, otherwise I would lose my right to a refund. 

When I asked XXXX which specific Chase policy/guideline stated that I had to inspect an in-person purchase otherwise I would lose my right to a dispute, she said it was not a Chase policy/guideline. 

I then asked XXXX since it is not a Chase policy/guideline, it must be a Visa policy and asked her to identify which specific policy it is. XXXX said she can not tell me which policy it is but that I am free to look it up myself. 

This is contrary to every experience I have had with disputes. Banks are not prevented from telling their cardholders Visa 's policies as those are the policies that they must follow. In fact the opposite is quite true. Banks must be transparent about the Visa policies that they are beholden to and must follow. 

It appears that perhaps a mistake was made by XXXX, and after I provided her with the email she did not continue with the dispute as she should have. Now that the deadline is passed she is unable to continue the dispute and has to find a reason to reject my dispute. 

Under Visa guidelines there are time limits to when a costumer can seek a dispute for a resolution. I have worked with XXXX in good faith to resolve this and provided all the information she requested in the time frames she has requested them. I have upheld my responsibilities as the cardholder and customer, and XXXX while acting as Chase 's representative did not.

Company response to consumer: Closed with explanation