Consumer complaint received 2018-07-27
Company: CITIBANK, N.A.
State: CA
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: Card was charged for something you did not purchase with the card

Complaint:
Before the Federal Consumer Finance Protection Bureau Re : Citicards, XXXX XXXX XXXX, XXXX XXXX SD XXXX Re : Credit Card Account ending in XXXX ( XXXX ) Re : Citicard # XXXX On XX/XX/XXXX I contacted Citibank via telephone to pay my current Citi/AAdvantage Platinum Select World Elite MasterCard, prior to receiving my statement, because I was leaving the country that night. At the same time I requested that Citibank send me written copies of my statement. On XX/XX/XXXX, I received written copies of my card statements, and noticed a charge of {$21000.00} made by the XXXX XXXX ( merchant in XXXX ) on XX/XX/XXXX was an unauthorized charge. I contacted Citibank Customer Service and advised them that the charge was fraudulent and disputed the charge ( Citibanks web directions for disputing credit card charges ). Citibank cancelled my card and issued me a new one. Citibank did not advise me that I needed to dispute the charge in writing. ( Note : XXXX XXXX additionally charged my XXXX XXXX credit card for {$10000.00} on the same day ). ( Refer to Attachment A ). 

Citibank failed its fiduciary duty by not advising me that there was a possible fraud charge made to my credit card from out of the country. XXXX did not try to prevent the fraud before it occurred. 

To further protect my dispute rights, on XX/XX/XXXX, I sent Citibank, a written objection to the XXXX XXXX charge, including 64 pages of documents supporting the fact that the XXXX XXXX charge was not authorized. On XX/XX/XXXX I sent Citibank additional information. My correspondences and documents were emailed to Citibank security and faxed to XXXX. ( Refer to Attachment B ). 

In following up on my dispute, on XX/XX/XXXX, I contacted Citibank and spoke with an individual, who identified herself as XXXX. XXXX informed me that the disputed charge would be credited back to my account. 

On XX/XX/XXXX Citibank mailed me their findings, which were received by me on XX/XX/XXXX. In Citibanks correspondence they state that they found that the charge was authorized because the merchant was provided with the card number by you. Additionally, Citibank stated, We have no means to obtain credit from the merchant. Citibank further stated, Any further requests for reimbursement should be directed to XXXX XXXX XXXX XXXX. ( Refer to Attachment C ). It appears ( 1 ) Citibank assumes incorrectly that because the merchant had my card number they were authorized to use it ; Citibank ignores the fact that merchant fraudulently obtain the number ; ( 2 ) the real reason for the dispute denial is because Citibank can not obtain reimbursement from the merchant ; ( 3 ) Citibanks statement that I should seek reimbursement from the merchant, gives credence to the fact that the charge was not authorized ; Of course the merchant does not want to return the money, which is why I rely on Citibank to fight for me. 
After receiving Citibanks XX/XX/XXXX letter, on XX/XX/XXXX, I sent a correspondence to Citibank, in which, I disagreed with Citibanks findings that the charge was authorized by me. 
( Refer to Attachment D ). 

A summary of the correspondences and documents sent to Citibank are below. 

1. I and XXXX XXXX purchased a vacation point program with a different resort ( XXXX XXXX XXXX XXXX ) on XX/XX/XXXX for the sum of {$31000.00}, which was paid in full, with no balance owing. I paid for the purchase using my Citibank/MasterCard, one charge for {$2000.00}, a second for {$18000.00} and XXXX XXXX for {$10000.00}. Additionally, nowhere in the contract is the name of the XXXX XXXX mentioned as a party to the contract ; as such, the XXXX XXXX has no right or interest in the contract. The XXXX XXXX was not in privity of contract, as such, could not act on behalf of XXXX XXXX, the Resort I purchased. ( Refer to Attachment A ). 

2. The XXXX XXXX Citibank credit card authorization dated XX/XX/XXXX allegedly signed by me in the amount of {$21000.00} is a forgery ; I could not have signed that authorization because I was not in XXXX on XX/XX/XXXX. On XX/XX/XXXX, I provided Citibank with documentation that I was in Colorado on the date that I allegedly signed the authorization. 

That documentation included ; an Interval International conformation for my reservation at the XXXX XXXX XXXX in Colorado for XX/XX/XXXX-XX/XX/XXXX; a copy of check-out statement from the XXXX XXXX XXXX stated I arrived on Saturday, XX/XX/XXXX and departed on Saturday XX/XX/XXXX. ( Refer to Attachment E ). 

3. On XX/XX/XXXX, I sent Citibank copies of emails dated XX/XX/XXXX, stating that I and XXXX XXXX wanted to exercise their right to have XXXX  XXXX buy back our membership ( which was an option as of XX/XX/XXXX ). ( Refer to Attachment F ). I sent emails to three emails that belonged to XXXX XXXX and they all came back as undeliverable. I pulled up the web site for the XXXX XXXX resort and found that it no longer existed. Additionally I called XXXX XXXX XXXX number and it was disconnected. ( Refer to Attachment F ). The points program I purchased from XXXX XXXX XXXX was no longer in business and ceased to exist. 

This is only a summary of the numerous evidence and documents that I produced in support my allegations that a fraud was perpetrated against me, when XXXX XXXX charged my Citibank credit card on XX/XX/XXXX for the sum of {$21000.00}. Citibanks findings are contrary to the facts. Citibank credit card division supported and aided the fraudulent and unethical activities of this merchant. 

Citibank did not exercise due diligence in their investigative process. I am a victim of the fraudulent charge and it appears to me that Citibank did not take any action against the wrongful charges and would rather have the cardholder bear the liability. 
Citibank did not comply with Federal Trade Commissions Reg.s : On XX/XX/XXXX, the day I received my written Citibank statement that included the XXXX XXXX charge, I advised Citibank Customer Service by telephone that the XXXX XXXX charge of XX/XX/XXXX was unauthorized. Citibank did not object to my telephonic dispute relating to the XXXX XXXX charge ; Citibank acted on my dispute as if the dispute was written when Citibanks Customer Support forward the dispute to their Security Department for Investigations. 

On XX/XX/XXXX, I contacted Citibank security ( XXXX ) and was connected to a representative identified as XXXX. XXXX informed me that the XXXX XXXX had not responded to their verification messages, as such, the {$21000.00} would be credited back to my credit card. 

Citibank began their investigation on XX/XX/XXXX. Additionally, my written dispute/objection was sent within the 60 days of when I received the written Citibank charge statement. Citibank did not provide written confirmation that they had received my objection to the XXXX XXXX charge of {$21000.00}, in violation of FTC regulations. The only written correspondence I received in this matter was on XX/XX/XXXX, which documented Citibanks investigation findings. It should be noted that Citibanks only contact with me was the XX/XX/XXXX dated correspondence. ( Refer to Attachment C ). 

FTC regulations state that failure to provide the card holder with written notice that they received the card holders objection to the merchant charge, within 30 days, limits the credit card holder to {$50.00} recovery of the charged amount. I reported the fraudulent charge to Citibank on XX/XX/XXXX, and received their only written correspondence on XX/XX/XXXX ( Correspondence dated XX/XX/XXXX ). 

FTC regulations further state that if a merchant charge is authorized, even though disputed by the card holder the card holder can request of the card company ( Citibank ) to produce all the documents and evidence that they relied upon to support their findings. On XX/XX/XXXX I faxed and emailed an objection to Citibanks findings and requested that they produce the documents and evidence in support of their findings ; as of the date of this correspondence, I have not received the requested items, better yet a reply from Citibank. ( Refer to Attachment D ). Citibank is once again in violation of FTC regulations by their refusal to produce the requested documents. 

CFPBs assistance in correcting this wrong by Citibank is greatly appreciated. 

Respectfully, XXXX. 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 monetary relief