Consumer complaint received 2022-09-12
Company: Bread Financial Holdings, Inc.
State: FL
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Other features, terms, or problems
Sub-issue: Credit card company forcing arbitration

Complaint:
To whom it may concern, My name is XXXX XXXX XXXX ; on XX/XX/XXXX, I purchased a sofa from my local XXXX XXXX in XXXX XXXX, FL ( Store number XXXX ). I bought a grey suede sofa with a XXXX XXXX XXXX using a XXXX  blue credit card offered through XXXX XXXX. Unfortunately, when I got the sofa home, I realized that the couch had a foundational defect in a corner. So, I reached out to the store that sold me the sofa to inquire about returning or exchanging the couch. 

The XXXX staff then told me that the sofa was sold as-is and the couch I purchased was a floor model ; they claimed that they could not exchange or return the item. I tried to explain that I was unaware it was a floor model. That fact was not disclosed when I made the purchase. I presented the transaction receipt and the terms and conditions of the sale. The written sales order or receipt does not state the item was a floor-Model, As-is, or ineligible for return/refund. 
The staff at the store stated that because the sofa had been discounted, I must have been aware that the purchase was a floor model and non-refundable/non-exchangeable. 
Furthermore, they stated that because I purchased an optional insurance plan, I must have been fully aware that it was an as-is floor model and that the insurance would cover expenses the store was unwilling to cover. 

Since XXXX of last year, I have called XXXX XXXX several times to ask for a supervisor call back and have yet to hear back from them. I took the next step and filed a dispute with Comenity bank, the issuer of the credit card used to finance the purchase about this matter. I explained everything I had mentioned above, I have sent in my original purchase transaction, a personal statement, as well as an altered/updated purchase receipt the store provided that was provided during purchase. Each time I received an unfavorable determination from XXXX I would follow up and provide evidence that warranted reopening the case. In total the dispute has been ongoing for about a year. 

On XX/XX/XXXX I phoned into comenity and was told by an account supervisor that comenity has once again decided to not rule in my favor. I argued that comenity has all the evidence to validate my claim. I was simply told the dispute department could not assist me because " XXXX could not adjudicate '', In essence, comenity bank could only pass along the supporting documents to the merchant " XXXX XXXX '' and await a decision from them. 

Based on that phone call I am highly concerned that even though I have provided Comenity bank with written documentation, they can not rule in my favor because they themselves are at the mercy of the merchant, who essentially can decide whether they want to refund or not. I take issue that comenity can endorse an XXXX XXXX 's credit card. However, when presented with evidence of material misrepresentation by the merchant, they have no control or system in place to assure purchaser rights or protection. 

I ask that this matter be considered ; I truly feel that Comenity is not providing me rights as a consumer of their credit card. Even with substantial evidence, Comenity has failed to acknowledge a clear misrepresentation in a transaction they financed has occurred. I ask that Comenity please do more in this instance. 

Thank you, XXXX XXXX

Company response to consumer: Closed with explanation