Consumer complaint received 2021-11-03
Company: JPMORGAN CHASE & CO.
State: VA
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:
Mistake of Fact, Easily Discoverable by a Reasonable Investigation, which Chase Failed to Conduct/ Failure to Provide Information on Merchant Overview of Complaint Against Chase This complaint is against Chase Credit Card . It involves a dispute in the amount of {$2500.00} from a merchant billing my credit card under the name of XXXX XXXX, a company unknown to me and for which I have never had dealings until the charge was placed on my credit card. My dealings were with an entity identifying itself as XXXX XXXX XXXX, which billed the charge through XXXX XXXX. Moreover, there are no public or Internet records of XXXX XXXX. Since XXXX XXXX and XXXX XXXX XXXX, acted together as the merchant, they are considered the merchant for purposes of this complaint, unless one of the entities is specifically identified for purposes of clarity. 

The dispute has been ongoing since XX/XX/2021. My complaint asserts that Chase mishandled my dispute in contravention to several provisions of Federal Regulation Z which is designed to ensure an impartial review of consumer disputes. In summary : 1. Chase failed to conduct a reasonable investigation of the dispute, including failing to undertake a review of the facts or even review its own files.

2. Chases explanation for determining the merchants charge to be valid rests on an erroneous fact, i.e. ; that I canceled the dispute in a conversation on XX/XX/2021. While the dispute was withdrawn, the dispute, in a conversation with Chase around XX/XX/2021, was reinstated, since the merchant again failed to deliver the products and services purchase. It should be noted the reason for the withdrawal was to work with the merchant promising to deliver the products and services paid for, a process that is recommended in all the credit card literature and by the federal government.

3. Chase records all telephone conversations concerning disputes. Several times I have requested Chase to provide me a copy of the transcript. So far, it has refused in violation of Regulation Z. 
4. Without any knowledge of the identity or location of XXXX XXXX, I am unable to fully exercise my claims and defenses in future proceedings to recoup money paid for services not delivered. I have made several requests of Chase to provide me with identifying information. Chase so far has not provided me any information as required by Regulation Z 5. Chase has never considered, addressed in any manner, or conducted a reasonable investigation of my dispute that I did not receive any of the products or services paid for, yet Chase expects me to pay for products and services not delivered by an entity that I have no knowledge of and can not locate. 
6. Under Regulation Z, comment to section 13 ( c ) ( 2 ) and ( d ) ( 1 ) ) -2, Chase failed to follow the governments regulations and should forfeit the disputed amounts. 

The timeline below sets forth the facts of the dispute : 1. XX/XX/2021 : I signed a Payment Agreement with an entity calling itself XXXX XXXX XXXX to provide book marketing services for my book. XXXX XXXX XXXX advertises itself as a nationwide book marketing and branding entity. The services included endorsements, radio and podcasts interviews, promotional video, XXXX guaranteed reads, and a 200 % return on my invested, ( i.e., {$5.00}, XXXX in book sales ). The Payment Agreement also included a 100 % Satisfaction Guarantee and 100 % Money Back Guarantee. The charge on my credit card was made by an entity calling itself XXXX XXXX. Attachment A is a copy of the Payment Agreement which includes a full list of the products and services to be provided. Attachment B is a redacted copy of my XX/XX/2021 credit card statement showing the charge from XXXX XXXX. 
2. The Payment Agreement also included a provision that stated the charge of {$2200.00} is payable onceNo ongoing Charges and No Hidden cost.

3. In the Payment Agreement merchant was to provide all products and services within 90 days.

4. The Payment Agreement was solely drafted by the merchant.

5. The 100 % satisfaction and money-back guarantees were fully set forth by the merchant prior to me signing the Payment Agreement and those representations were the reasons I signed the Payment Agreement. The merchant recorded and transcribed the conversation and provided me who gave me a copy upon request. Attachment C is the complete transcript.

6. The Payment Agreement and the recorded transcript contain the entire agreement between myself and the merchant. 
7. Between XX/XX/XXXX and XX/XX/XXXX, merchant did not perform any services. Attachment 8. Between XXXX, 2021 and XX/XX/2021, I informed the merchant of its failure to perform. Attachment D. 
9. Merchant agreed the services were not being performed and promised to perform them. See Attachment D. 
10. XX/XX/2021 : I informed merchants project manager of its failure to perform and notified Chase, by telephone conversation, that I was disputing the charge of {$2500.00} for failure to perform as promised in the Payment Agreement and that no product or services were delivered. 
11. XX/XX/2021 : Chase gave me a credit of {$2500.00}. 
12. XX/XX/2021 : I notify merchant in writing of its non-performance and the non-delivery of the products and services it agreed to deliver. Attachment E. 
13.XX/XX/XXXXXXXX, 2021 : Merchants Project Manager contacts me, admits non-performance and promises to fulfill all parts of the contract in the time remaining. Attachment F. 
13. XX/XX/2021 : In an attempt to reach a good faith resolution with the merchant, I accepted merchants promise to perform provide all the products and services paid for and to honor all warranties and guarantees of performance including the 100 % Money-Back/Satisfaction Guarantee under the Payment Agreement. See Attachment F.

14. In a good faith effort to work with the merchant, as suggested by consumer literature, credit card companies and government regulatory bodies, I accepted its promises to provide all the products and services under the Payment Agreement. 
15. XX/XX/XXXX or XXXX, 2021 : I inform Chase, by telephone, that merchant promised to fulfill all the conditions of the Payment Agreement. I informed Chase it can rebill the charge to my account, which it did. 
16. XX/XX/2021 : Merchant still has not delivered any product or services to me. I ask for a status report but nothing is given to me. 
17. XX/XX/2021 : Merchants project manager apologizes for his absence due to personal issues, however, this time the project manager does not indicate any services will be delivered. Attachment G. 
18. XX/XX/2021 : Merchant still has not provided any of the services or products to be delivered. I ask merchant to honor is warranty of 100 % satisfaction and money back guarantee. Merchant does not respond. See Attachment G. 
19. XX/XX/2021 : I received an email from XXXX XXXX. He identifies himself as a Senior Consultant to merchant. He informs me that the project manager is no longer working for merchant. Attachment H. 
20. XX/XX/2021 : In a telephone conversation, merchants Senior Consultant, XXXX informs me the project manager was fired, he screwed up the project. The Senior Consultant admitted I had valid reasons for non-performance. I asked for my money back under the merchants guarantee of 100 % satisfaction and 100 % money back guarantee. XXXX is evasive ; however, we agree to finish the conversation the next day. Attachment I. 
21. XX/XX/2021 : Merchants Senior Consultant was to call me to continue our discussion of the prior day, but he never called. I called him but I was told he was not available. I asked for a call back but never received a call. I believe I called again but XXXX was still not available. 
22. XX/XX/2021 : I contacted Chase by telephone. I inform Chase directly to reinstate the dispute. Chase did reinstate the dispute, stating it will reverse the rebill. Chase gave me a credit in the amount of {$2500.00} which is proof I reinstated the dispute. Moreover, my recollection is that I asked Chase if I needed to do anything and was told not at this time, Chase would contact me if it needed information. Attachment J is a redacted version of my credit XX/XX/2021 credit card statement showing Chase had reversed the charge and gave me the credit. 
23. Chase informs customers it records all conversations so it has a record of my XX/XX/2021 conversation reinstating the dispute. Several times I requested a copy of the transcript of the conversation from Chase, however, Chase has not provided it. 
24. The {$2500.00} credit remained on my account from the XX/XX/2021 Statement until it was rebilled on my XXXX, XX/XX/XXXXStatement. Attachment J, XXXX Statement. 
By letter from Chase of XX/XX/2021, and received XX/XX/2021, Chase informed me merchants charge was valid. Chases reason for reversing my credit was Per conversation of XX/XX/2021 you [ I ] cancelled the dispute and we rebilled your account. We credited you in error hance we have rebilled your account. Attachment K. 
25. While I did cancel my dispute with merchant on or around XX/XX/XXXX, I did so at merchants request and reliance on merchants commitment to perform all of the work promised in the XX/XX/2021 Payment Agreement. When merchant again failed to provide the services or deliver the products in the Payment Agreement, I reinstated the dispute on XX/XX/2021. 
26. I reasonably relied on the representations of the Chase representative that I would be contacted if information on my dispute was needed. Chase never contacted me concerning the dispute. 
27. The Chase explanation that I cancelled the dispute is a false characterization of the facts. I did reinstate the dispute in a telephone call with Chase on XX/XX/2021. 
28. Since I reinstated my dispute on XX/XX/2021, Chases sole reliance on the XX/XX/2021 cancellation, means it never conducted a reasonable investigation. If it had, Chase would have found the XX/XX/2021 telephone transcript of the conversation reinstating the dispute, in its files. 
29. If Chase needed additional information as to the non-delivery of the products or services, it could have easily obtained it through a reasonable investigation and my cooperation on the non-delivery of the product and services. 
30. Upon receiving the XX/XX/2021 letter from Chase, notifying me that it was rebilling my account XXXX based on the fact that I withdrew the dispute on XX/XX/2021, I, on XX/XX/2021, notified Chase of the mistake of fact caused by its failure to conduct a reasonable investigation. Chase has never responded to my request for reconsideration. 
31. On XX/XX/2021 I requested Chase to provide me a copy of the transcript of the XX/XX/2021 telephone conversation in which I Reinstated the original dispute due to merchant failing to provide any of the services or products purchased. Chase has not responded XXXX. Also, in my XX/XX/2021 letter to Chase, I requested transcripts or other documents between Chase and the merchant as part of any reasonable investigation. Chase has not responded. 
33. I have requested Chase to provide me information to identify XXXX XXXX since Chase is charging me XXXX for the services XXXX XXXX got paid to deliver, but has not delivered. 
34. Chases conduct in this matter demonstrates an ignorance of or willful refusal to comply with its duties under federal regulations ; i.e., to conduct reasonable investigations and provide information to the consumer as to what it claims the consumer received for the monies Chase is requiring the consumer to pay for products or services not delivered.

Company response to consumer: Closed with monetary relief