Consumer complaint received 2017-05-05
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
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:
CONSUMER 'S ORIGINAL COMPLAINT Reference : Bank of America Case No.  XXXX  On  XX/XX/XXXX , I initiated a billing dispute with my credit card issue r ( Bank of America ) regarding illegally collected travel tax charged on my credit card by merchant (   XXXX   XXXX   ).  On  XX/XX/XXXX , I sent another supplemental statement to Bank of America outlining the specifics of my billing dispute with  XXXX   XXXX . On  XX/XX/XXXX ,  XXXX   XXXX  processed my refund application for the illegally collected travel tax amounting to {$120.00}. To date, refund has not been processed by said merchant. On  XX/XX/XXXX , I received a letter from Bank of America stating they were unable to intervene in situations involving sales tax. It is glaringly clear from such correspondence that Bank of America  Credit Billing Dispute  never bothered to read the specifics of the billing dispute and the issues pertaining to prompt refund of the billing disputes in question. I spoke to a certain (  XXXX   )  a supervisor/manager from Bank of America who was not at all very helpful. I told him why is Bank of America stating on its billing dispute letter dated XX/XX/XXXX  that it can not doing anything not about sales tax when it was about something else. He responded that it was a standard letter generated by Bank of America. I told him it was incorrect and nobody including his staff was reading the specific issues addressed in my billing dispute letters of  XX/XX/XXXX  &  XX/XX/XXXX . It was about additional billing ( illegally collected ) charged by the merchant for travel tax which customer is exempted from paying. I have already provided the merchant documents to prove that the transaction is exempted from travel tax and proof to Bank of America. Yet, Bank of America continues to disregard this matter and specifically address the issues addressed in the billing dispute. Merchant to date has not processed my refund for the billing dispute in question either. Bank of America is clearly in violation of  XXXX  Credit Card Core Rules on investigating and for failing to resolve customer 's billing dispute including violation of the Fair Credit Billing Act.     BANK OF AMERICA 'S RESPONSE Our research revealed that the credit card account ending in  XXXX  was opened on  XX/XX/XXXX . On  XX/XX/XXXX , you contact Bank of America by way of telephone to dispute portions of two transactions on your account. The disputed transactions are as follows : {$96.00} of the transaction in the amount of {$1900.00} ; and {$32.00} of the transaction in the amount of {$720.00}. These transactions were with the merchant  XXXX   XXXX , which posted to your account on  XX/XX/XXXX . Correspondence was mailed to you on  XX/XX/XXXX , explaining that Bank of America is unable to intervene in situations involving a sales tax. Please understand that either a state or country has the right to impose a sales tax on a purchase. By giving your account number to the merchant and/or signing the sales slip, you authorized them to bill your account for the amount in question. The documents you provided with your claim is inapplicable and does not void the Travel Tax. In order to support your claim, a sales receipt needs to be provided that shows a different amount should have been billed by the merchant  XXXX   XXXX . If you do have such a receipt in your possession, it can be faxed directly to Bank  of Americas  claims team at  XXXX  or mailed to  XXXX   XXXX   XXXX   XXXX   XXXX , TX  XXXX . The  Fair Credit Billing Act ( FCBA ) , which was created to assist consumers with incorrect or unauthorized transactions, states to protect your billing rights you must write to us within 60 days after the error appeared on your statement. Additionally, if you have an automated payment scheduled, please notify us at least  three  business days before the scheduled payment if you want to stop the payment from posting to your account. You are required to specify your name and complete account number, the amount of the transaction, the reason why you think the transaction is in error, and your letter must be mailed to the address specified for billing inquiries. Bank of America must work within all rules established by Card Associations and bank guidelines regarding customer disputes. I regret, in your case, we are unable to assist further with your dispute at this time without the additional previously requested information. We also suggest you continue to pursue this matter directly with the merchant to come to a satisfactory resolution. Account Ending In :  XXXX   XX/XX/XXXX  Contact Us :  XXXX  Extension  XXXX  Pag ge  1 of 2 Ag ain, thank you for your feedback and for affording us the opportunity to respond. Although it is n ever pleasant to hear our customers have been dissatisfied, we appreciate you taking the time to share your experience.     COMPLAINANT 'S RESPONSE : Bank of America continues to be in violation of the Fair Credit Billing Act for failing to resolve the billing dispute in question. The merchant has processed complainant 's refund demand on  XX/XX/XXXX  ( as evidenced by complaint 's correspondence dated  XX/XX/XXXX ,  XXXX  and  XX/XX/XXXX  previously provided to Bank of Americ a ).  However, to date Bank of America continues ignore the fact that the merchant has acknowledged complainant 's billing dispute and not done anything in good faith to refund the travel tax illegally collected in violation of their own refund rules . Complainant has c onsistently followed the merchant 's refund procedures in good faith but Bank of America and the merchant continues to ignore this matter. Conversely, Bank of America has not provided complainant about the merchant 's response to this matter either to date.     All the documents and the facts presented to Bank of America and the merchant constitute valid legal defenses for a billing dispute. Additionally, the specific details of the billing dispute were also outlined very clearly and Bank of America has not addressed those issues either.     Complainant has no legal obligation to pay merchant for fees illegally collected and it is Bank of America primary responsibility as a party to the transaction to ensure the merchant bill a consumer correctly.     Bank of America continues to ignore and not comply with all the rules established b y Card Associations and  bank guidelines regarding customer billing disputes.     On  XX/XX/XXXX , Bank of America issued a credit of {$32.00} for only  one  of the disputed transactions. The remaining {$96.00} billing dispute has still not been credited to complainant 's account.     CFPB should take the appropriate steps to sanction Bank of America for continued violation of the Fair Credit Billing Act and not working within all the established Card Associations ( specifically   XXXX   XXXX   Core Rules ) and its own bank guidelines regarding billing disputes.

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