Consumer complaint received 2022-09-27
Company: BANCO POPULAR DE PUERTO RICO
State: CA
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Fees or interest
Sub-issue: Problem with fees

Complaint:
This is a follow-up of Complaint ID XXXX of XX/XX/XXXX, against Banco Popular of Puerto Rico ( the Bank ) forwarded to this entity by the Office of Senator XXXX XXXX. Also forwarded to his office. 
On XX/XX/XXXX, the CFPB closed the case indicating that they werent able to forward it to the company for a response either because the company is not on our complaint system, or because we do not currently handle complaints about this product or issue. 

On a XX/XX/XXXX, call to the CFPB, an agent explained that maybe this was due to a mistake since the Consumer-Identified Company is set as XXXX ( an Airline and the sponsor of the credit card issued by the Bank. ) She could not reopen the case but I could file a new complaint to explain the error. 

Upon login, the list of complaints shows that this complaint was Sent to Regulator FTC Since the start of this case in XXXX, the Federal Reserve Consumer Help has indicated the CFPB to be the entity to file this complaint. 

These two errors show very negligent handling of complaints even when being forwarded by a Senator.

In this new complaint, I add an update to the Banks position, dated XX/XX/XXXX. It was made in response to a request for help to XXXX XXXX. It has a segment dedicated to help consumer problems. Here, as in the response to the first complaint to the CFPB, the Bank upholds its initial position that the annual fee and other charges as well as the bad credit reports were correct and can not be removed. 

Although, the annual fee charge of {$140.00}, plus the interest and fees that raised this amount to {$190.00} may be insignificant, for many it can have a profound effect on their economy. Also, the bad credit reports made by the Bank can have a great effect on most consumers reducing or eliminating their credit worthliness and even affecting their chances to get a better home mortgage or refinance. 

CFPB agents have indicated that it does not have enforcement powers but its website has an Enforcement tab. It shows cases where businesses were ordered to stop their unlawful practices, return all unlawfully charged fees and costs, plus interest, and fine them with millions in penalties. 

I hold that from the first response of the Bank to my CFPB complaint on XX/XX/XXXX, the CFPB has always had the authority and all the evidence it needs to enforce federal consumer financial laws. The Banks position maintained in its XX/XX/XXXX, response, clearly evidences that it will keep on violating federal consumer financial laws as done in my case for over 2 years by refusing to credit an annual fee for the use of a canceled credit card, adding fees and interest on this charge, making derogatory credit reports to credit agencies, and failing to follow dispute procedures. 
Yet, the CFPB continues to evade its duty to enforce federal consumer financial laws by failing to investigate if the Bank violated these laws and, if warranted, take enforcement action against the Bank. 

This case evidences the absolute and repeated failure of the CFPB, to enforce consumer protection laws and the brute inhumane abuse of a bank lawfully charged with having knowledge of the credit card laws but has maintained its unlawful practice with the blessing of the CFPB for over 2 years. Clearly, an investigation of this case could very possibly reveal more unlawful acts of the Bank. 

Please refer to Complaint ID XXXX which includes the full file forwarded to this entity by the office of Senator XXXX XXXX and made a part of this complaint.

Company response to consumer: Closed with explanation