Consumer complaint received 2021-11-18
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: GA
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 is in regard to XXXX fraud disputes I filed with Bank of America Fraud Department and the fact I have received 0 fraud protection from Bank of America during the course of this disputes.

The first dispute is for a charge from a Car Wash business in the amount of {$28.00} on XX/XX/XXXX. I visited that car wash on that day and was asked to give them my credit card for a service that has not yet been provided but that I was requesting. They were trying to charge me more than their advertise price. I said I was not willing to pay more and we decided to cancel the service and transaction. The owner of the business charged my credit card before returning it to me. So, he canceled and never provided any service but dishonestly decided to take advantage of me and still charged me since my credit card was in his hands. Bank of America has denied my claim so far siding, by default, with the dishonest business owner. I am attaching here a receipt for that same day ( just a few minutes later ) from another car wash service where I went and paid to wash my car, since it has not been serviced by the previous business whose dishonest charge I am disputing. 

The second charge is from XXXX XXXX for that same day for the amount of {$61.00}. I don't even have currently the XXXX XXXX app on my phone and have not ordered anything from them for years. I asked Bank of America to request from XXXX XXXX for evidence that there was any service provided ( knowing that there was no service and that would settle the matter ). Instead, Bank of America decided to side with XXXX XXXX  without providing to me ( or receiving from them ) any evidence that I received any service from them on XX/XX/XXXX. They have gone as far as to apparently lie to me in the last letter I received from them. In that letter they stated : " The merchant provided documentation confirming you received the merchandise or service ''. I called the Fraud Department to know what evidence was that, since I know for a fact I have not ordered anything from XXXX XXXX for years. The representative I spoke to said she could not see any evidence with the claim to tell me what was that I ordered from what restaurant or when that day that could prove that I am lying when I say I did not order anything from XXXXXXXX XXXX and don't even have their app on my phone. She apparently did not even have anything from XXXXXXXX XXXX  at all. So, the Fraud Department without doing any due diligence, decided to side with XXXX XXXX by default and against me, providing as a result no protection whatsoever against fraud charges to my credit card. they went has far as to report to credit agencies my dispute and the fact they disagree with me regarding these charges, despite the fact I have paid all my bills with Bank of America on time for almost 20 years. Including for these XXXX fraudulent charges. I have a copy of the letter I received from them outlining to me the reason for declining my charges and their decision to report this to credit agencies. I also went online and re-gained access to my XXXX XXXX account while speaking with a Bank of America agent over the phone, and found that the last charge on my account was from XXXX and no traces of this new bogus charge whatsoever ( I am attaching here a screenshot of my XXXXXXXX XXXX online account showing that this charge is not even there as well as the last receipt I was able to find for an order from XXXX ). I still use XXXX for XXXX ( different app ) and on that day I took a XXXX to XXXX  XXXX, NY. That is a legitimate charge I am not disputing. I think there was some mistake that resulted in me getting this bogus XXXXXXXX XXXX charge. The representative who last spoke to me over the phone basically told me that I need to proof that the charge never took place. I tried to reason with her about the fact that proving the non-existence of a charge ( or anything for that matter ) is ridiculous and the burden to provide evidence this is a legitimate charge should be with the vendor, XXXX XXXX. She said she understood what I was saying but that there was nothing she could do. I have paid on time hundreds of thousands of dollars, at least, on credit card bills spanning for over 20 years. I rarely dispute a charge, only when is a fraudulent one, which is extremely rare. I would not sleep well at night if I was aware I was depriving a business of their hard earned dollars with the service they provide to me. But a fraudulent charge is a fraudulent charge, by computer mistake ( like is probably the case for this XXXXXXXX XXXXXXXX charge ) or by intend ( like the car wash owner who is trying to take advantage of me intentionally ). Bank of America claims to offer 100 % protection against fraud. In this case, they are offering me XXXX protection and putting unreasonable burdens on me asking me to prove the non-existence of a transaction from XXXXXXXX XXXX  without evidence the transaction actually happened. 

A last note, an agent who spoke to me by phone had actually resolved on my favor the {$28.00} for the car wash dispute. A second agent from the Fraud Department while following up regarding the XXXX XXXX  dispute confirmed that the dispute for the car wash had been resolved on my favor and I have been refunded the money. 

After that, someone else in the Fraud Department decided to reverse those decisions and probably write and send me the letter I have referred to before, including claims about evidence they allegedly had but could not provide to me. This looks like extremely irregular activity over all and a total disrespect for basic consumer protections.

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