Consumer complaint received 2022-01-26
Company: TRUIST FINANCIAL CORPORATION
State: MD
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:
XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX Mailcode XXXX XXXX XXXX XXXX XXXX XXXX NC XXXX OFFICIAL CUSTOMER COMPLAINT Dear XXXX XXXX, I am in receipt of your letter dated XX/XX/XXXX which is in response to my report of fraud submitted to you on XX/XX/XXXX. 

With this letter I am requesting : ( 1 ) you memorialize this correspondence as being an official customer complaint against BBT/Truist . 
( 2 ) BBT immediately processes an initial chargeback and overturn of this transaction, and claw back these funds from the merchants account. 

My Official Complaint : As your letter dated XX/XX/XXXX acknowledges, I submitted my fraudulent transaction claim to BBT on XX/XX/XXXX. I am very concerned by your written reply because your letter contains a number of false and unsupported statements made on behalf of BBT in order to deny handling my claim as BBT is obligated to do. I have highlighted these on the enclosed copy herein. 

False Claim # 1 : The transaction is authorized. This statement is made twice in your letter, and no proof or evidence supporting this statement is provided in your letter. 

I am with this letter, demanding BBT provide me with a copy of the Debit/Credit Card Receipt this Merchant presented to me, and secured my signature on, in order to authorize and affect this transaction. Specifically, the Merchant Copy showing my signature and the amount of XXXX as was charged to my BBT account. 

Contrary to your unsupported statement of this transaction as being authorized, this merchants credit card receipt states above the customer signature line : I AGREE TO PAY THE ABOVE TOTAL AMOUNT ACCORDING TO THE CARD ISSUER AGREEMENT, and this authorization was NOT signed by myself, the card holder. In fact, both the Customer Copy and Merchant Copy are UNSIGNED, and are not in the possession of this merchant because this transaction was NOT authorized by the card holder. 

Amazingly, a simple Overturn by BBT of this transaction will force the merchant to perform a re-presentment of this transaction to BBT along with evidence to support the transaction as being authorized by the card holder. However, this merchant does not have the necessary evidence that this transaction was authorized. The only party standing in the way of collecting this evidence is BBT. 

At this time, the only evidence presented is mine ( copy enclosed ) which indicates the transaction was NOT authorized. I request BBT secure evidence from the Merchant to dispute this fact. 

False Claim # 2 : We have no chargeback rights for your case. 
I have provided you with a claim of a fraudulent charge to my card. I have provided you with written evidence in the form of the Merchant Receipt being Unauthorized as evidence of this fraud. The Merchant has provided nothing to you to support this transaction as being anything other than fraud. I submit that this is sufficient evidence and information for you to submit and process a chargeback for this transaction. 

Given the ordeal I am going thru I have to ask exactly what BBT expects to receive from their card holders in order for BBT to deem they have chargeback rights? I would like to also point out that on XXXX of XXXX I submitted a different fraud claim which BBT also denied in error. BBT personnel incorrectly applied my claim to an unrelated account and then denied the claim on the basis that no merchant charge had occurred. When I brought this BBT internal error to the Fraud departments attentionI was told that it was now too late to process for me. What this is telling me is that BBT appears to have a policy of deny claims instead of working to support their customer needs with respect to fraudulent transactions reported to BBT. 

I am also very concerned that the Merchant in this case is also a business customer of BBT. And so BBT has a conflict of interest and is siding with their business customer and credit card merchant customer at the expense of BBT retail account holders.

I again request BBT immediately processes an initial chargeback and overturn this transaction : I have done everything I am expected to do as a BBT card holder, BBT has done everything it can to hinder and obstruct my efforts to address this fraudulent charge against my account. 

As it is expected of me, I immediately tried to resolve this total amount dispute with the merchant. He verbally agreed to remove the inedible items from my bill and took my card at that time. 
At no time did I provide the card to this merchant to secure and pay off the amount in dispute. 
Contrary to the merchants agreement to remove the inedible items from my bill, he returned to my table with a bill exceeding the sum agreed to. I then declined to authorize the merchant charging me this fraudulent amount to my card. I did not sign either the merchant copy of customer copy of the credit card authorization receipt. As my bank statement indicates, the merchant did charge my card without my authorization for this unauthorized amount. 
I am requesting you complete an initial chargeback and overturn this transaction, claw back these funds from the merchants account. I understand and respect that while this is happening, the money is tied up ; neither the merchant, the bank, nor the cardholder has access to the funds. 
I expect this action allows the merchant an opportunity to provide evidence that the charge was fully authorized. I believe the merchant can then re-presentment the transaction to the issuer, along with evidence to support their claim that the transaction was legitimate. Evidence which this merchant can not provide. 
However, I can provide evidence in advance of the merchants re-presentation. Evidence that this merchant has no document indicating I authorized the amount processed by this merchant. In my opinion, the merchants actions meet the standard for theft, and of course meet the standard of a fraudulent transaction that should be reversed by my bank. 
In summary : BBT is to Acknowledge in writing my customer complaint. 
BBT is to refrain from making unsubstantiated and/or false statements related to this transaction in all correspondence to me. 
BBT is to complete an initial chargeback and overturn this transaction, and claw back these funds from the merchants account and request evidence from the merchant of my having authorized this amount being charged to my account. 
BBT is to provide me with a copy of the merchant credit card receipt showing my signature authorizing this transaction. If no such document can be produced, I demand this charge not be re-applied to my account. 
BBT is to inform me if a conflict of interest exists regarding this transaction, and explain what protections BBT has in place so that Business Customers are not being given preference over their Retail Banking Customers when charge backs being reviewed and denied by BBT. 
Thank you

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