Consumer complaint received 2018-04-09
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
XX/XX/XXXX - I contacted Bank of America requesting them to submit a dispute for services not received by a company called " XXXX ''. The transaction was processed on XX/XX/XXXX for a vacation package. I was supposed to receive the services within a 12-18 month period according to the agreement, I just needed to contact them 30 days prior to the date I wanted to reserve. I got in contact with them on XX/XX/XXXX to make the reservation for a date in XX/XX/XXXX, however, XXXX wanted to charge me additional to make the reservation. These additional charges were not communicated to me when I made the purchase and they are not part of the agreement I received via email confirming the purchase. After going back and forth with XXXX, I requested them to cancel and give me a refund, they never responded to my request. 

As of today, I have not received the services due to the company wanting to charge me additional for making the reservation within the time frame they gave me ( mentioned above ). The additional fee is something that was not communicated to me and was not part of the agreement ( copy and all supporting documents provided to Bank of America ). XXXX is tricking their customers into purchasing these packages just to charge them more at the time of the reservation. Their website nor their agreement reflect that any of additional fees will be charged or their cancellation/refund policy. 

Bank of America stated they would submit a dispute and they would review and communicate directly with me. 

XX/XX/XXXX - I received an email notification from Bank of America stating that there was an update on my dispute. I went online to review the information and there was a letter from them, stating that they were closing the dispute as they were unable to process it because it was past the time limit. 

At this point I went online and XXXX the Electronic Transaction regulations ( Reg. E ), which states that Reg. E disputes need to be submitted within a 60-day period. However, after further review, it clearly states that Services Not Received disputes do not qualify as Reg. E disputes since they are not related to an unauthorized charge or an error on the amount charged. In addition, I reviewed XXXX 's Core Rules regarding dispute resolution for issuers and it states the following for Services Not Received : A Chargeback must be processed no later than either : 120 calendar days from the Transaction Processing Date or If the merchandise or services were to be provided after the Transaction Processing Date, 120 calendar days from the last date that the Cardholder expected to receive the merchandise or services or the date that the Cardholder was first made aware that the merchandise or services would not be provided, not to exceed 540 calendar days from the Transaction Processing Date. 

My dispute falls under the second, which is 120 calendar days from the last date I expected to receive the services, and it does not exceed the 540 calendar days from the transaction processing date. I contacted Bank of America again to try to have them re-open my dispute based on the information from Reg. E and XXXX 's Core Rules, and provided them the information I obtained to make my point as to why it should be re-opened. Bank of America requested that I submit a all this information in writing and a Good Faith letter providing details of why I did not receive the services. 

XX/XX/XXXX - I faxed all the information requested by Bank of America to have them re-open the dispute. 

XX/XX/XXXX - I received another email notification from Bank of America that there was an update on my dispute. I logged into Bank of America to review the information, which stated once again that I am past the time limit, which is not correct based on Reg. E and XXXX Core Rules. Bank of America as my banking institution is required to further investigate my dispute and submit a chargeback according to XXXX 's Core Rules and they are NOT following these rules as they keep closing my dispute with the excuse that it is past the time limit.

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