Consumer complaint received 2023-03-21
Company: FIFTH THIRD FINANCIAL CORPORATION
State: MI
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Fees or interest
Sub-issue: Problem with fees

Complaint:
My 5/3 card information was stolen via a gas station credit card skimmer. I reported it to 5/3 on XX/XX/2023. They opened an investigation and told me that it would be up to two billing cycles before it was complete. They advised me that I did not have to make payments on the fraudulent charges. After this, I was charged late fees and interest. For the next two months, I received phone calls ( from XXXX ) almost every day asking me to make a payment. When I answered the calls, I was usually immediately disconnected. On the rare occasion that I was able to speak with someone, they demanded payment. When I explained that the charges were fraudulent and asked them to stop calling, they told me that they would " let the fraud department know so the phone calls would stop ''. 

I have attempted to reach out multiple times to stop the collection attempts and to have the late fees and interest charges removed. I have spoken to at least 3 different departments on at least 4 different occasions. Each time, I am told that I need to speak with a different department. At one point, I was able to get someone to reverse one of the late charges, but not the interest charge. The following month, I was charged another late fee and more interest. I was told that this time the late fee could not be reversed because they had already reversed one. Another department told me that the late fees and interest charges would be reversed when the investigation was closed. My repeated requests to reverse the charges now and stop charging them in the future were declined. 

When I cited Title 12 of the CFR, I was told that the statements are not an attempt to collect a debt. After reviewing my statement again, it is clearly an attempt to collect a debt. Further, the supervisor would not comment on the phone calls. Here is some of the language copied directly from the statement : " Late Payment Warning : If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to {$40.00}. '' " Please send payment to : FIFTH THIRD BANK XXXX XXXX XXXX XXXX, OH XXXX '' " Payment : You may pay all or part of your account balance at any time. However, you must pay, by the payment due date, at least the minimum payment due. '' Ironically, the statement also has the following language : " While we investigate whether or not there has been an error, the following are true : We can not try to collect the amount in question, or report you as delinquent on that amount. 
The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. 
While you do not have to pay the amount in question, you are responsible for the remainder of your balance. 
We can apply any unpaid amount against your credit limit. '' I believe that Fifth Third Bank has violated my rights and is continuing to do so by violating the following codes form the Code of Federal Regulation : 1006.38 ( d ) ( 2 ) - May not attempt to collect a disputed debt. 
1006.6 ( c ) ( 1 ) - Must stop debt collection notices upon request.

1006.14 ( b ) ( 2 ) - Can not repeatedly call regarding debt.

I was unable to find a code regarding the charging of late fees and interest on disputed charges, but if it exists, they are violating that too.

Company response to consumer: Closed with monetary relief