Consumer complaint received 2018-08-29
Company: FIRST NATIONAL BANK OF OMAHA
State: NY
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 protested XXXX charges appearing on my XXXX First Bankcard XXXX. Still unresolved are XXXX of those initial XXXX protests ; XXXX being a charge by an XXXX XXXX XXXX store in XXXX, XXXX for {$1500.00} and the second was a charge from Hot Leathers of XXXX, XXXX for {$55.00}. On XX/XX/XXXX, I received a letter by regular mail requesting additional information on the disputes and I replied immediately, sending all the requested documentation. I know they received this information in a timely fashion because they acted on all of the protests in my initial request except for the XXXX mentioned above. On XX/XX/XXXX, I returned home from work at approximately XXXX XXXX   XXXX XXXX and found a message on my answering machine telling me I had to immediately call dispute resolutions back at XXXX to discuss dispute # XXXX, and the message went on to say today was the last day. I immediately called the number given only to get a recorded message saying they had " left for the day ''. There was no alternative offered by the recording : no voice mail, no email, no way to advise that I returned the call. I tried calling again each day over the weekend but got the same recording. On Monday morning, I stayed home from work and called in first thing and spoke with a XXXX XXXX XXXX at Billing Resolutions. I explained that I sent all the required paperwork along with paperwork on ALL the protests made in my XX/XX/XXXX letter, and she acknowledged that they HAD received paperwork on the other protests but insisted they had not received the paperwork on the XXXX XXXX XXXX protest. ALL of the paperwork went in a single envelope ( why on earth would I send multiple/separate mailings to the same place? ) I asked her how someone is supposed to respond to a previously unknown deadline given on voicemail at XXXX on a Friday afternoon when they shut the phones off with no way to leave a message at XXXX? She offered no explanation or resolution to that and she could not explain why they got the paperwork on all the protests but somehow didnt get the XXXX XXXX XXXX paperwork. Regardless, I IMMEDIATELY sent her another complete PDF copy of the XXXX XXXX XXXX protest paperwork by email and then doubled back and confirmed that she received it. Despite the fact that it was clear that they somehow misplaced the original XXXX XXXX XXXX paperwork, she was reluctant to do anything to help me, using the missed deadline and also saying it was a point of sale transaction, and left me saying she would look into it. When she used the " point of sale '' excuse, I requested a copy of the credit card receipt ( backed up he request in writing ) with my signature which they did not produce. In a response to an earlier complaint made, they acknowledged that they tried, TWICE to contact XXXX XXXX XXXX regarding this purchase but XXXX XXXX XXXX DID NOT RESPOND. The fact that there was no credit card receipt, no signature and NO REPLY OR COUNTER FROM XXXX XXXX XXXX to their request for supporting information on the charge should confirm the protest was legitimate yet they refuse to issue the credit to my account. On XX/XX/XXXX, I sent a letter to the CEO of First National Bank of Omaha explaining in detail the problem and I included a check as payment in full for all legitimate charges outstanding and my cards ( cut in two ) demanding that the account be closed immediately. I know they got the correspondence because the cancelled check shows being processed on XX/XX/XXXX. Yet on XX/XX/XXXX, DESPITE THE FACT THAT THE ACCOUNT SHOULD HAVE BEEN CLOSED, they posted yet ANOTHER fraudulent charge to my account totaling {$1100.00}. ( XXXX XXXX ) Clearly First Bankcard/First National Bank of Omaha has serious issues with the ability to process mail received with any accuracy or in any timely fashion. 

On XX/XX/XXXX I received another letter advising they were rejecting my protest on the second dispute listed above ( Hot Leathers of XXXX, XXXX  ) for {$55.00}, despite the fact that the charge dates back to XXXX and the " resolution '' comes over 90 days since protested in writing. Even more troubling, the reasons cited for the rejection of the protest include 1 ) ) at the time, I had informed VISA that I would be traveling through the " area '' where the merchant is located in. During that time, we took a trip from upstate XXXX to XXXX and the copy of the credit card receipt included CLEARLY shows the vendor is in XXXX XXXX, which was nowhere near our travel route, not to mention the receipt has NO signature, has NO 3 digit card security code and NO expiration date. shows the vendor this explanation makes NO sense in that this charge is from XXXX XXXX and I was no where near XXXX  any time in XXXX. 2 ) at the time, I was in constant contact with XXXX, which is true because, despite the fact that we had notified them of our travel plans ( and all charges on the card were paid in full ), XXXX still put repeated holds on the account, which hampered XXXX LEGITIMATE charges and created significant delays, embarrassment and frustrations, with VISAs repeated excuse for shutting the card off being " suspected fraudulent activity ''. Amusingly, they hampered XXXX legitimate charges but missed the XXXX charge that was genuinely fraudulent. 3 ) VISA somehow determined the card was physically present during this charge and that other valid card transactions occurred after this charge, yet the only evidence they sent was a receipt showing a purchase made in XXXX, ( when we were XXXX miles away in XXXX ) with no signature, no security code and no expiration date - only the credit card number, which obviously is easy for thieves to use successfully if VISA security procedures are lacking. This charge is not valid and despite overwhelming evidence, XXXX is insisting we pay it plus interest and fees. 

On XX/XX/XXXX I received a letter responding to my XX/XX/XXXX letter to the CEO cancelling the account, and after repeating the same old excuses for rejecting the protest, it advises that " as a courtesy '' they will " review the matter again ''. They are asking for copies of all the information I have already sent them TWICE and they are asking for a copy of the " contract '' - as I told them before, there is no contract that pertains to the purported charge! So, I am betting this is the excuse they will use again when denying the protested amount. They can't get the vendor to respond to verify the charges, they cant provide any sales or credit card receipts, with OR without my signature, and yet they want me to spend more time duplicating paperwork I have already sent. 

ENOUGH IS ENOUGH! 

Regulation Z is clear on consumer obligations for disputing charges - I have met every one of them - while the vendor has provided, literally, no concrete evidence of anything pointing towards a legitimate sales transaction, yet they refuse to credit the account the result of which has cost me considerable time, frustration and can possibly affect my credit history going forward. That's not to mention they are allowing fraudulent charges to post to my account AFTER I REQUESTED IN WRITING THAT THE ACCOUNT BE CLOSED. 

I have also complained to the XXXX Attorney General and the Office of the Comptroller of Currency. The XXXX Attorney General 's office advises that the Consumer Financial Protection Bureau initiated a suit against this same institution in XXXX for illegal credit card practices. Clearly the information and proof I have submitted shows similar violations are still ongoing and I am at a loss as to why you are not doing something about it. If I cant get help from the very governmental agencies tasked with protecting consumers, then I'm left with the only option of writing my state and federal elected officials.

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