Consumer complaint received 2017-01-31
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NY
Product: Credit card
Issue: Billing disputes

Complaint:
I used my Bank of America Visa credit card in this transaction for which I disputed the charge. I pre-ordered an aquarium from the online retailer XXXX XX/XX/XXXX with an expected ship date of XX/XX/XXXX. Multiple delays led to an estimated ship date of XX/XX/XXXX, and then finally XXXX XXXX. However, the seller stopped communicating earlier in the year and I have tried multiple times to contact them through various methods such as email, online form, and chat. In addition, I moved XX/XX/XXXX and have been unable to successfully update my shipping address. I called Bank of America initially to start a dispute and the person I spoke to on the phone said that even though this was charged XX/XX/XXXX, that because the latest updated shipping was XX/XX/XXXX, that it would be no problem and still within timeframe and she was able to initiate a dispute. I received a fax number which to fax in my request and all supporting documents. After doing so, I received a letter saying the dispute fell outside the timeframe and they can not do anything. I called in again and this time a different representative said there is nothing they can do, contrary to what I was told the first time I called. 

Below is my response from a prior complaint that went unanswered : " This requirement was not met because the transaction posting date was more than 540 days. The last date we could have entered this claim would have been XX/XX/XXXX. '' I called XX/XX/XXXX and the representative on the phone said it would not be a problem initiating the dispute. This is due to the fact that the PROMISED delivery date of the purchased product was XX/XX/XXXX. 

" Therefore, we can only suggest you continue to pursue this matter directly with the merchant to come to a satisfactory resolution. '' I obviously had tried disputing with the merchant ( both XXXX the company and XXXX the intermediary ) and it did not work nor did they respond to me. Thus, I came to the bank for help. This has been stated in all my evidence and it is offensive Bank of America suggests this solution. It seems they either have not read/comprehended my statements or does not care. 

" Bank of America respectfully denies your request for compensation, as there has been no error in the handling of your account. '' I never said there was an error in the handling of my account. This really is a purchase protection issue. I initiated the dispute because the company failed to deliver the product I bought and refuses to refund me. By denying compensation, Bank of America is saying they do not care and that I should never pre-order a product using their credit cards because if something goes wrong down the road, they will refuse to help. I actually had an issue with a different company failing to deliver their product using my XXXX card and XXXX credited my account as a " courtesy adjustment ''. They understood my problem and were more than helpful in the process. I expected Bank of America to do the same. BY CHARGING ME AND FAILING TO DELIVER THE PRODUCT, THE MERCHANT ESSENTIALLY STOLE MY MONEY. 

" Please note the Foreign Transaction Fee is not unique to Bank of America, transaction fees for international purchases are an industry standard as many issuers assess fees for these type of transactions. '' I understand what a Foreign Transaction Fee is. I included it because it is still money I was charged yet I do not have the product I purchased to show for it. 

I believe Bank of America has more power to deal with the merchant XXXX and the intermediary XXXX than I. My hope was that they would recoup the loss from those companies as they probably have the resources to do so. 

Bank of America is the credit card I used to make the purchase and at this point the only way I can recover my money. Even under the circumstances in timing, I request to be reimbursed for my losses.

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