Consumer complaint received 2018-01-03
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: AZ
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:
On XX/XX/XXXX I had a XXXX XXXX XXXX called XXXX XXXX done. I used my Bank of America Cash Rewards card for the treatment. The cost of the procedure was XXXX.The procedure involves XXXX XXXX XXXX XXXX. It is a slow process which takes 90-120  days to see the full results.  Some people require multiple sessions to get results.The company I choose gave a "satisfaction guarantee" which would allow you to be retreated for free on the 5th month or get your money back if you did not get your desired results. I had 3 different consultations but the merchant I selected was the only one to offer a money back guarantee or a re treatment guarantee. During the procedure the machine malfunctioned and shut down and the provider could not restart the machine. I let the provider know I was skeptical but he reassured me that I would still get great results and worse case scenario he would retreat me on the 5th month for free.On XX/XX/XXXX I contacted the merchant and advised them I didn't get results and that I wanted to be retreated for free. I called the merchant and they did not want to honor the guarantee. At this time I submitted a dispute on my bank of America Credit card. On XX/XX/XXXX I received a letter from Bank of America denying the claim which stated, "We understand that you weren't satisfied with the outcome of the service the merchantprovided, but they have the right to receive payment for any services that were rendered."I called B of A  on or about XXXX advising them that I had never disputed not getting the service and stating I wanted the claim reopened. I was advised to contact the merchant again and try to work it out directly with the merchant. I was advised by B of A representative that the claim was open under the wrong reason. Next, I contacted the merchant directly again on XX/XX/XXXX. I was able to get an agreement over the phone from the merchant that he would retreat me. I asked the owner, XXXX XXXX, to provide with with the agreement in writing and he did so in email. The email stated that I needed to contact the office back on XXXX to coordinate a date in XXXX that I could be retreated for free and apologizing for the incident.  I contact the merchant a total of 5 or more times via phone and email and did not get a response. After not getting any response from the merchant I contacted B of A back on XX/XX/XXXX advising them I would like to reopen the claim. The representative stated that they would reopen the case and I needed to submit a sworn statement they had sent me and any additional details.  I was out of town for my Anniversary and advise her that I would submit ASAP when I got back in town as I had no access to a fax or computer. I submitted by the deadline on XX/XX/XXXX and also provided them with the email I received from the owner.However, on XX/XX/XXXX I received another letter stating the claim was denied. I called B of A back on XX/XX/XXXX and I was advised to disregard the notice. I was advised that the case was closed and reopened on the same day. I was advised that sometimes documents can take up to 48 hours to show up in their system and my documents had been received and the case was reopened. On XX/XX/XXXX Claim ID XXXX online showed that the claim was being reviewed and I was advised the claim was open. On XXXX I contacted B of A as I learned the merchant had filed for bankruptcy. I inquired if they could "expedite" the process due to the situation. I was advised by B of A that there was nothing they could do and that the merchant would have to be allowed 60 days to respond. I was advised that if the merchant did not respond I would automatically win my dispute and receive my XXXX  back. I was advised that the bankruptcy would have no bearing if I received my money back or not. I called B of A back on XX/XX/XXXX to see if the merchant had responded. I was advised that the merchant has yet to respond. I also was advised that the majority of times when the merchant is bankrupt they do not respond and I would most likely win by default. I also informed B of A of the companies poor reviews online and requested they update my case which the girl said she did. On XX/XX/XXXX I called B of A back and I was advised that my case had been closed. I stated I had not received any correspondence. The representative stated that my case was closed back on XX/XX/XXXX. I stated that it was closed and reopened on the same day. I informed her that I had spoken to several other representatives and they also confirmed my case was reopened and I said I was calling back to check the status. Also on their website it stated 4 different Claim ID's from XX/XX/XXXX-XX/XX/XXXX that showed that they were researching my claim;  XX/XX/XXXX, XX/XX/XXXX XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXXThe representative still advised me my case had been closed on XX/XX/XXXX and never reopened. She stated that my case was not reopened correctly the 2nd time and that I needed to get a 2nd opinion and sign another form stating I was still disputing the case. I advised her that this was the first time I was hearing about this. None the less I did as B of A required. B of A gave me a deadline of XX/XX/XXXX to have my documents submitted, yes they made my deadline XXXX Day. I had to contact 3 different merchants until I found one that was willing to give me a 2nd opinion.I provided B of A a 2nd opinion letter stating the procedure had been done incorrectly and needed to be done.  I completed all my documents and paid for express mailing. UPS tracking # XXXX XXXX XXXX  XXXX XXXX XXXX. Although, My documents were received before the deadline given B of A closed my case on XX/XX/XXXX. Again, I contacted B of A back on XX/XX/XXXX asking why my case was closed before the deadline they had given me. I could not get a straight answer and they would submit a research form. How can they give me a deadline and close the claim before the due date? B of A advised me that it was out of time frame that they could charge back the merchant account. They also advised me that the email I had submitted from the owner (over  months earlier) would not be considered since it was not on company letter head.  I stated the time frame had lapsed due to the bank numerous errors and why would they wait over 2 months to tell me that information I provided wouldn't be considered. I could have attempted to correct the situation. I requested to speak with a supervisor. The supervisor could also not give me clear answers. She only stated that it was past the time frame I could get my money back and there was nothing else they could do. To date Claim ID XXXX, XXXX, and XXXX all show online that they are "researching claim" and all occurred from XXXX-XXXX time frame on or after the date my case was closed again on XXXX. Why would they be researching a closed claim? Nobody can tell me and all state that there is nothing else can be done. Again, the  original claim was admittedly opened incorrectly on XXXX by B of A and merchant was never contacted. Additionally, my procedure was not completed by the merchant and I should have been retreated around mid XXXX. Email from merchant confirms this. B of A closed my case apparently back on XXXX and lead me to believe through online and multiple representatives that the case was still opened up until XX/XX/XXXX. Than again they allowed me to reopen my case on XXXX because the re treatment date was within 90 days of my "new claim". They gave me a deadline of XX/XX/XXXX to submit documents but closed the case early again on XX/XX/XXXX. Than when I followed up with them on XX/XX/XXXX they stated the email I submitted over 2 months prior would not be considered since it wasn't on company letter head. I would like your assistance getting my money back due to the mishandling and miscommunication of my claim by Bank of America.

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