Consumer complaint received 2023-09-07
Company: Winklevoss Exchange LLC
State: CA
Product: Credit 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:
XX/XX/XXXX To : GEMINI Card Holder Service Account Ending : XXXX Purchase made XXXX XXXX XXXX XXXX XXXX Disputed to Gemini on XXXX XXXX XXXX XXXX XXXX Hello, I am not satisfied with Gemini respond. 

GEMINI letter from XX/XX/XXXX mentioned that they refunded the money to the merchant, I received an email from you confirming this with the same date. 

However the email from XXXX  is from XX/XX/XXXX confirming the refund of the money to me, ( Attached ) it also mentions as you can read perfectly the email that I do not have access to the system, ( no more access, cancelled ) and what date is the email?? before XX/XX/XXXX. The email mention as well that because they refunded the money to me, if I want to have access to their system, I needed to pay again the amount of {$8600.00} because I have the money, because GEMINI refunded the money to me. 

Sirs, I paid almost {$9000.00} for a service that I DO NOT HAVE, a service that promise me something and it was false, I immediately disputed it when I realized that it was not what they promised in the advertising and what they promised by phone. 
After my dispute with GEMINI, and thinking that maybe, maybe I was wrong with my decision I access the system to verify what I reviewed previously, but I unfortunately I was not wrong. 


FROM GEMINI : As mentioned in our response to your XX/XX/XXXX CFPB complaint, Gemini may be able to revisit the outcome of your dispute if the merchant refuses to grant you access to the purchased online courses after XXXX  ( this takes into account time needed to settle the initially disputed amount ). In addition, please note that we have not received indication that the refund process offered by the merchant, if unsatisfied with the purchase, was started/followed. However, Gemini does offer certain customer benefits. 

I sent proof of no access to the system dated XX/XX/XXXX with my dispute ( attached ) this is after XX/XX/XXXX, I sent as well the email from XXXX XXXX confirming the cancellation of my access and advising me to pay again the amount of {$8600.00} if I want to have access to the system again because they returned the money to me. ( attached ) FROM GEMINI : Your Rights If You Are Dissatisfied With Your Credit Card Purchases. If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true : The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than {$50.00}. ( Note : Neither of these are necessary if your purchase was based on an advertisement we made to you, or if we own the company that sold you the goods or services. ) ; You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify ; and You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact XXXX c/o Gemini XXXX in writing at Gemini XXXX, XXXX, XXXX : Purchase Dissatisfaction, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and do not pay, we may report you as delinquent. 1. 2. 3. Exhibit C : State Notices Residents of All States : NOTICE TO THE APPLICANT - 1. D Sirs, trying to correct the problem with the merchant, how do you correct a deceitful problem? How do you correct false information? Dont you think is too much to ask of you. Dont you think a genuine Merchant will try to keep me as a client, they will call me ( they called me before the purchase ) or they will email me immediately asking me to continue with them, that didnt happen because they know what they are selling to the public is not what they advertise. Instead, they cancelled the account. 

Gemini mentioned that they didnt receive new documentation after the dispute claim on XXXX  however I did try it, I called your customer service, the only service you provided me was a ticket ID number # for the complaint and the promise of an email with a link to upload the information, I did upload the documentation, however, I didnt receive any answer back from GEMINI. I called again to your customer service, and I got a second ticket ID XXXX XXXX this time I did not receive the promise email with the link, I uploaded all the documentation in your website with the ticket ID number, I also sent two packages to Geminis Purchase Dissatisfaction, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ( by regular mail ) as you requested in your letters. I did not get any answer back from GEMINI, no calls, no emails, no letters, it is impossible to contact any of your representatives, and it looks that the department of purchase dissatisfaction is empty. GEMINI only answers me through CFPB. 

I am requesting again the full refund of {$8600.00} plus interest charged since XXXX XXXX XXXX 


Sincerely, XXXX XXXX XXXX

Company response to consumer: Closed with explanation