Consumer complaint received 2019-03-22
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Getting a credit card
Sub-issue: Card opened as result of identity theft or fraud

Complaint:
I received a phone call from XXXX XXXX XXXX XXXX   XXXX  asking me to attend a time share discussion so i did, I attended with my daughter XXXX XXXX. When we arrived we asked who the attorney would be, how long the process took and what the fees consisted off after about an hour of asking questions we were yelled at because they wouldnt answer all of the questions. My daughter XXXX asked XXXX not to yell at us and said that she was entitled to ask. Then XXXX associate stepped in ( He didnt provide his name ) and stated that he honestly didnt know the answer to some questions. He also stated that the offer was good for today only because they were leaving that same day to another location. XXXX also advised if we signed the contract we would get a free membership that he would include in the contract in which acted like a timeshare without the yearly fees that a timeshare has. With the new free membership we would be able to use anytime and anywhere around the world. XXXX said that the service would cost {$48.00} monthly for 10 years XXXX never specified that it was a credit card nor that the full {$5800.00} would be charged to it. XXXX also never gave me the opportunity to pay with my own money nor did he ask how I intended to pay. XXXX took my personal information that I filled out partially and then XXXX took the documents away and told me that he would be making copies and he took a while to come back. Then XXXX gave us the documents in a white envelope and we then went home. XXXX ensured us that he would be our primary point of contact in case we needed anything and provided his phone number and he said that they would contact us within 7 days. 
We waited for them to contact us and they did not contact us within the 7 days as promised. I called XXXX XXXX and asked why no one had reached out to me XXXX apologized and stated that a person by the name of XXXX would be calling me. 
We waited for more days and no calls were received from any of them or his office. I called XXXX XXXX and asked why no one had reached out to me XXXX apologized and stated that a person by the name of XXXX would be calling me. 
Received call by XXXX and he requested an e-mail with details as to why I wanted to get rid off the timeshare I advised XXXX that we had already gone over this section with XXXX at the meeting and we had already explained the reasons why we wanted out. This made me feel that they were not paying attention and were trying to kill time. 
I called XXXX once again and advised that the website/webpage that he had promised me regarding the free membership was never given to me either. XXXX advised that he would work on that. 
XXXX e-mailed me a webpage that was incorrect as it had higher prices than what he had shown us while we had attended the meeting. XXXX once again apologized for sending the incorrect website. I still have not received the new page that I was promised. XXXX kept asking me on very call if I had received a credit card. And I said I had not. 
XXXX called me again and asked me if I had received the credit card. Again I said no I received a bank of America credit card account ending XXXX XXXX called me and asked me again if I had received the credit card I said yes and he asked me for the account number and provided the account number. 
Unaware on XXXX credit card was charged for {$4500.00} to a cXXXX XXXX XXXX XXXX XXXX I texted my single point of contact XXXX and advised that we still had not received anything from their company we had not spoken to an attorney, nor a paralegal nor an assistant in regards to removal of this timeshare We received a bill from bank of America on XXXX and we had no idea that they had run all these charges on the credit card so I freaked when I saw that I owed more than the agreed monthly amount of {$48.00}. 
I called Bank of America and advised that we had not opened the credit card nor authorized any payment for that amount. I physically never typed or wrote an application for a credit card from bank of America nor any other credit card company. Bank of America opened up an investigation and advised they had received complaints about the issue with the same people. 
About a week later we received a call from BOA saying that they had received copies of the contract that we had signed and it included a credit card but XXXX XXXX people were willing to refund the money. So we agreed that I wanted the credit card refunded and the BOA representative advised that she would be calling back Bank of America typed and mailed me a letter on XX/XX/2018 that went ignored because we relied on BOA to obtain the refund back and BOA representative never called me back. 
Bank of America typed and mailed me a letter on XX/XX/2018 stating that I had benefited from the charged transaction and that I was going to be held liable. 
Bank of America called me asking me to pay the credit card as I was behind on payment and I reiterated that BOA had advised that they were seeking to be refunded by the supposedly willing entity consumer edge and helping time share owners. 
XX/XX/2018 XXXX called XXXX. By then I had not received any answer so I texted him to call me. He called and we advised we wanted to cancel and explained why and how we were disappointed with the poor service he then tried to convince me and said that they had done so much work on my file so then XXXX said that he would also help us cancel after he noticed that he couldnt convince me to stay and he would call back. 
When XXXX called back he confirmed that his company had not worked on out file as they had too many clients and were backed up and he would help us cancel because of that. 
The Boa credit card was re-opened on XX/XX/XXX with a new account number ending in XXXX and the charges totaling {$5800.00} + late fees were rolled into this new account. 
XX/XX/2018 XXXX decided to call BOA and asked for the dates that the charges that were made and the phone numbers to those places. 
XXXX spoke to XXXX XXXX by calling the XXXX and provided his name and direct cell phone number to XXXX which is XXXX she started to communicate with him and explained what had happened since she was there from the beginning. He said that we would get refunded for the charges and that if we didnt want to work with his company we didnt have to because they have a lot of business that they had in place. XXXX XXXX asked XXXX my daughter to send an e-mail and stood on the phone with her and told her what to type word by word and said that with that he would be able to refund the money back. 
Days went by and after that XXXX XXXX changed the story and said that now there was a XXXX that his company needed along with some merchant fees that needed to be paid and I asked him why wasnt this mentioned in the beginning before I sent that e-mail and he said that he didnt know about it. We were getting stringed along again. It took almost two weeks to get the XXXX disclosure and when I read it raised red flags its asking me to take culpability once again for something I did not do in order to get my refund and the agreement states that it needs to be signed by all parties but yet there is no signature line for their company to sign.

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