Consumer complaint received 2016-03-22
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: IN
Product: Credit card
Issue: Billing disputes

Complaint:
on XXXX/XXXX/2016 I made a prepaid purchase through a merchant for a XXXX that needed to be ordered. Three days later when the XXXX arrived, the merchant sent XXXX photos of the item and upon review of the photos, I noticed that the merchant had ordered the wrong model. The merchant had ordered a custom model of the XXXX and the custom model included many different features than the model I requested, which was the base model. I spoke to the merchant about the issue on XXXX/XXXX/2016 and he denied ordering the wrong model and proceeded to tell me that I would have to pay an additional XXXX % restocking fee and an additional {$55.00} to get the model that I wanted and had originally ordered. I refused to pay an additional {$200.00} for the restocking fee because I did not make the error. The merchant refused to refund my payment of {$990.00}. I called Bank of America on XXXX/XXXX/2016 and explained to them what had happened and disputed the transaction. Bank of America issued my account a credit for the {$990.00}. On XXXX/XXXX/2016 Bank of America sent me an electronic document stating that they had reversed the credit and had given the {$990.00} back to the merchant. Along with the letter was the statement from the merchant. The merchant stated in his statement that I asked for the base model and that he ordered the base model. He also stated that I had no knowledge of firearms and that he spoke with a mutual friend about our transaction to get a message to me about exchanging the firearm for the {$55.00} and the {$200.00} restocking fee. Also noted in his statement, the merchant does not know my name. He referred to me and my husband initially as XXXX and XXXX XXXX and later in the statement as XXXX and XXXX XXXX. I did not get a receipt from the merchant because the transaction was completed via the phone and he did not send me a receipt as agreed upon. The statements about speaking to a mutual friend to get a message to me are false, and the statement about ordering the base model is false. He deliberately lied and made false representations to Bank of America to get the money back. By definition ; he has committed fraud against Bank of America. I have supporting documents that prove that the firearm that the merchant ordered is, in fact, a custom model and is not what I ordered. According to the Fair Credit Billing Act, this fact alone makes me not responsible to take the item or to pay for the item because it is not what I agreed to order or purchase. I did not accept the item and the merchant still has the item on his shelf for sale. The merchant included a shipping receipt to imply that he shipped the firearm back, but he did not. The merchant told Bank of America that he would settle for {$240.00} ( which I wo n't agree to ), but yet Bank of America charged my account the full {$990.00}. I was told by a representative on the phone that Bank of America can not tell the merchant how much to charge and the reason they gave him the money back is because he was willing to exchange the item for more money. The Fair Credit Billing Act does not state that I have to accept the exchange for a different price or that I have to pay a XXXX % restocking fee for an error that I did not commit. The item was not as described or agreed upon and this is the information that was given to Bank of America before they gave the money back to the merchant. I feel that I am a victim of fraud by the merchant, a victim of Bank of America not upholding the Fair Credit Billing Act, and I feel that the merchant has committed fraud against Bank of America by deliberately deceiving a financial institution for his own financial gain.

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