Consumer complaint received 2018-11-30
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CT
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:
This incredulous situation began in XX/XX/XXXX when I purchased several facial creams from an Oceane Kiosk on the ground floor of the XXXX XXXX in XXXX, Connecticut. The creams I purchased were several hundred dollars and I paid for these products using either my XXXX credit or my XXXX debit card accounts issued by Bank of America. The purchase price of the creams was recorded properly on my debit card receipts. In XX/XX/XXXX, I discovered fraudulent activity on my XXXX credit card purchases. Unbeknownst to me, multiple and unauthorized charges of facial treatments were added to the authorized charges for multiple facial creams that I voluntarily purchased. 
An additional charge of {$1500.00} for facial treatments was added onto the transaction for a facial cream that I agreed to purchase for {$100.00} on XX/XX/XXXX. Another facial treatment charge of {$3700.00} was processed by Bank of America on the same date without my knowledge or authorization. Again, charges of {$7300.00} and two in excess of {$11000.00} were processed without my knowledge or authorization on XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. 
The credit limit for my XXXX account at the time of these fraudulent transactions was {$27000.00}. When I received and reviewed my credit card statement in XX/XX/XXXX, the total charges on my account were {$54000.00}, which is obviously two times my authorized credit account limit. I was never notified by XXXX that these numerous, unauthorized transactions by the XXXX XXXX were being attempted let alone actually processed! In XX/XX/XXXX, I was told by the Bank of America Fraud Division they would investigate my claims of fraudulent activity. I also reported the suspicious charges to the XXXX security office, The XXXX XXXX XXXX, the Connecticut Department of Consumer Protections Better Business Bureau and the XXXX, Connecticut police in XX/XX/XXXX. 
In their defense, XXXX submitted a doctored credit card sales receipt in XX/XX/XXXX which list my facial creams as a zero balance, even though I paid for these with my XXXX debit card. There is a charge for {$3000.00} for facial treatments I did not purchase let alone receive, and my signature on this receipt is not mine. My actual signature bears no resemblance to the XXXX on the Oceane-provided receipt. 
Your banks Fraud Division reported back to me that the charges did not meet VISAs criteria for fraud in that : 1 ) my card was always in my possession ; and 2 ) I had allegedly signed for the purchase of the creams and treatments.

There are several flaws in Bank of Americas reasoning to reach its conclusions. First, my credit card was not in my possession for every fraudulent transaction. Second, my signature was forged. Third, I was not physically present in the XXXX XXXX mall on XX/XX/XXXX, to authorize the final transaction of {$11000.00}. Further, the XXXX credit card statement that I receive monthly contains a statement that customers will not be held responsible for fraudulent charges. I believe there has been an egregious error committed by Bank of America in its determination that these charges were not fraudulent and concluding that I am responsible for the entire {$35000.00} fraudulently incurred debt. Would someone at Bank of America please take a breath and ask herself whether a retired man with a stellar credit history spend {$35000.00} in a mall kiosk? 
Of course, the XXXX XXXX at the XXXX XXXX XXXX  has closed, and the former employees can not be located. Apparently, XXXX XXXX XXXX XXXX claims that each XXXX store or kiosk is an independent franchise, the parent company has denied any responsibility for these fraudulent transactions on my account. Further, XXXX XXXX and XXXX have denied any responsibility and are unresponsive to my dilemma. 
I am currently being charged several hundred dollars in finance charges every month, which I dispute and I am being told by your staff that I have no remedy. My current account balance exceeds the revised credit limit of {$21000.00} and I have been told by several lawyers that XXXX is entitled to collect interest on accounts even when they are under dispute. I have been charged in excess of {$5000.00} in XXXX in finances charges. 
I am formally requesting that you directly intervene with your banks Fraud and Disputed Claims Division and credit my account for the fraudulent {$35000.00} worth of unauthorized transactions and accrued interest charges from my account. My ability to obtain credit from other sources has been severely affected by this debacle. Otherwise, I demand that this dispute be escalated according to the terms of my cardholder agreement. 
I seek your kind attention to my problem and look forward to your reply. If you require further information from me, then please do not hesitate to contact me.

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