Consumer complaint received 2019-02-13
Company: CITIBANK, N.A.
State: PA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
XX/XX/19 : I used my Citibank Debit Card to purchase an item ( earpods ) from XXXX XXXX XXXX in the amount of {$39.00} at that time a debit hold was placed on my account. 

XX/XX/19 : The transaction in the amount of {$39.00} posted to my account. 

XX/XX/19 : I contacted the merchant via their online email contact option asking for an estimated time it will take for the item to be shipped since they have already charged my account. On the same date I received a reply back from XXXX for the merchant stating that my order is still being processed and that once my order is shipped they will send an email containing the tracking number. 

XX/XX/19 : I again contacted the merchant via email stating that I have yet to receive any communication regarding when or how long it will take for the item I purchased to be shipped. On the same date I received a reply back from XXXX for the merchant apologizing for the inconvenience and that due to high demand for the product it resulted in a very high turnover in their inventory which depleted their stock and that for me to rest assured that their fulfillment team is doing their very best to have my order delivered. 

In the meantime, I called Citibank at the telephone number listed on the front of my statement based on the instructions located on the back of my statement. The Citibank Representative opened a dispute and said that they will be sending me a document with in 7 business days and for me to complete and return the document either by mail or fax ( number will be provided on the document ). 

I then contacted the merchant again via email stating that their response does not address my concern, that I wanted a date in which my order will be filled and shipped. In addition I researched and found online that this company has had similar complaints from other customers claiming to have purchased items and never receiving them yet being billed for them. I indicated this in my response back to them along with FTC rules stating that merchants should not bill a customer unless the item is shipped. At this point XXXX from the merchant responded stating that at this time they can not give an estimate shipping date as they are waiting for their next back of stock to arrive. If I am not willing to wait, I can request a refund. Since they could not provide any estimated date I requested them to refund me. Summer from the merchant responded that they were sad to see me go and that they cancelled my order and submitted a refund request. Once the refund request is approved, I will receive an email confirming that the refund has been processed and to allow my bank 3 - 5 business days to complete the process. 

XX/XX/19 : I have not received any confirmation from the merchant stating that my refund has been approved or applied. On this date I did receive the Citibank document ( that they said they would send out on XX/XX/19 which was the day I gave oral notice to Citibank ). I completed all the required information and faxed it back at the number indicated in the document on the same day along with copies of all my email communications to and from the merchant. 

Based on Regulation E Rules, Citibank has 10 business days to investigate and must begin the investigation while waiting on any required documents. If they can not complete the investigation within 10 business days ( XX/XX/XXXX ) then they must provide provisional credit to my account. 

XX/XX/19 : I checked my account and found that neither a merchant credit or provisional credit had been posted to my account. I called Citibank that morning ( approx. XXXX ET ) and spoke to a Representative who confirmed that they received my documents on XX/XX/19 and that they had 10 business days from the date they received my documents to complete investigation or provide provisional credit. I explained to the representative that this is a violation of Regulation E as my date of notice for disputing the transaction was XX/XX/19. I also stated that I work for a peer bank and support the line of business that processes Reg E claims from a Risk &  Controls perspective and am very versed on Reg E. I explained that the instances in which a financial institution may take up to 20 business days to provide provisional credit and that my situation did not fall into that category. I was told by the representative that they investigators are working on my case and that's all they can do. 

Later that day on my way home from work ( approx. XXXX ET ), I again called Citibank because I wanted to speak to someone else. The representative that I spoke to again reiterated that they had 10 business days from the date they received my documents ( XX/XX/19 ) to conduct their investigation before they would have to provide provisional credit. I again stated that this was in violation of the regulation as my date of notice was on XX/XX/19 and that if a document was required ( which it was ), that I would have to return it within 10 business days from the date I initial disputed the transaction, which was XX/XX/19 and that if Citibank did not receive the document within those 10 business days, then they were not obligated under the regulation to provide provisional credit. The representative offered for me to speak to a supervisor or to take my complaint. I opted to speak to supervisor. At that point XXXX took over the call, I again explained the situation, he said he would add notes to the dispute for the investigator.

XX/XX/XXXX : Still no merchant credit or provisional credit ( actually Citibank should not be providing FINAL credit since 10 business days have passed with no PC given.

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