Consumer complaint received 2018-06-14
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: Credit card company isn't resolving a dispute about a purchase on your statement

Complaint:
To whom it may concern : On XX/XX/XXXX, while traveling to XXXX, I was the patron of an unnamed establishment where I purchased two drinks, one for me and one for my brother in law. We attempted to close our tab and the waiter took one of my credit cards, left the table with it, and returned to tell me that it was declined. I handed him a second card, and he walked away and then returned with the same response, that the card was declined. My brother in law, XXXX XXXX then gave over one of his cards, to which the waiter left the table, then returned saying that the card was declined. Finally, he handed his last card over, with the same result. We left about {$17.00} on the table in cash and left. Upon our return to the United States, we were shocked to find 5 separate charges on 4 different cards in the amounts of {$1400.00} ( my XXXX XXXX  XXXX Debit Card ),  {$4100.00}, {$2300.00} ( both on my Bank of America XXXX Credit Card ), {$2300.00} ( XXXX XXXX XXXX XXXX credit card ) and {$1800.00} ( XXXX XXXX XXXX XXXX debit card ), all from the same establishment on the same day. The total of {$7800.00} on my cards is equivalent to almost one year of my rent payments, for reference. The establishment claims that in a period of about 15 minutes we ran 4 cards,5 times for a total of {$11000.00}. It is important to note that for Bank of America, both charges exceeded my credit limit at the time, but were allowed to go through. I received no phone call from the bank 's fraud department investigating spending activity not consistent with my spending pattern. We subsequently filed disputed charges claims with all 3 banks. Initially all claims were denied because the chip was present for the transactions. Upon further review, and understanding that the waiter was taking our cards and giving them back, but not providing receipts for signature, all 3 banks reversed their decisions and honored our claims, crediting our accounts back. On a previous call in XX/XX/XXXX, I was told by a bank representative that the merchant had 60 days to provide a signed receipt by me and after that time had elapsed, the dispute would be resolved in my favor. On XX/XX/XXXX I received the attached letter from Bank of America, that upon their further review they were crediting my account and considered the dispute resolved. On XX/XX/XXXX, without any notice from Bank of America, both charges of {$4100.00} and {$2300.00} were again added to my account. I called the bank to resolve the issue. I waited on hold for over 1 hour I was told that because the chip was present, there was " nothing that they could do. '' The representative now told me that the merchant was not required to provide a signed receipt. I spoke with XXXX XXXX on the Merchant Response Team at Bank of America, and she told me that subsequently the merchant had provided a signed receipt. She refused to show me a copy, as I did not believe her. I spoke with her supervisor, XXXX XXXX, who informed me that there was not a signed receipt. When I told him that his subordinate had just lied to me, he then said that there was a signed receipt, yet refused to produce a copy for me. The bank claims that there is nothing that they can do. They have taken the side of a foreign mystery company that took advantage of a US Citizen,  rather than the side of their customer for over 10 years ( who has never spent these sums of money in his life ). I am now the victim of fraud for {$6400.00} and Bank of America refuses to handle my dispute. I am writing to CFPB because I need assistance as this is now ruining my entire life. PLEASE HELP ME. 

Sincerely, XXXX 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 explanation