Consumer complaint received 2015-08-03
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: GA
Product: Credit card
Issue: Billing disputes

Complaint:
My wife, who is the principal user of my Bank of America credit card, signed two documents provided by " XXXX '' in XXXX 2015. One document, entitled " Membership Agreement, '' contemplated monthly payments of {$34.00}. The other, entitled " Personal Training Agreement and Release of XXXX, '' contemplated monthly payments of {$160.00}. " XXXX '' representatives made certain misrepresentations to my wife to induce her to sign these documents, but those are not yet relevant to the issues involving Bank of America. 

My wife signed these documents in anticipation of receiving certain " personal training '' services from XXXX. My wife is XXXX years old. It became apparent that the " XXXX '' personal trainer either was not qualified to provide services for older individuals or was insensitive to the physical limitations imposed by age. As a result my wife suffered recurring injuries associated with these activities and decided that she should terminate her relationship with " XXXX. " XXXX " XXXX '' documents provided that any right " XXXX '' had to periodically charge my credit card account could be revoked as to any future charges. Specifically, each document included the following provision : " You may cancel your EFT/CC authorization by giving us written notice of termination. It will only take effect after we have had a sufficient time to allow us and your financial institution, using commercially reasonable efforts, to act on the notice. " I logged on to my wife 's account with " XXXX '' on XXXX XXXX, 2015. There was a link at that site purporting to be for the purpose of terminating any " contract, '' but I clicked on it several times to no avail and concluded that the link was inoperable. Seeing no other way to communicate, I clicked on " contact us '' and sent an email informing XXXX '' that further charges to our credit card were not authorized. That was followed by a series of emails between me and " XXXX '' in which I reiterated that further credit card charges were not authorized. On or about XXXX XXXX we also called Bank of America and instructed it not to pay charges initiated by " XXXX. XXXX. " Nevertheless, despite these notices beginning on XXXX XXXX, " XX/XX/XXXX '' on XXXX XXXX initiated additional charges to my credit card. There is no doubt that XXXX days is more than adequate time " using reasonable commercial efforts '' to avoid making these additional unauthorized charges. 

When I received my XXXX credit card statement from Bank of America, I immediately notified the bank that the " XXXX. XXXX '' charges were unauthorized. I followed up that notice with a detailed letter reciting the foregoing and enclosing my written notice to " XXXX. XXXX '' terminating its right to charge my credit card. However, Bank of America has reinstated the charges taking the position that " XXXX. XXXX '' continues to be entitled to impose charges on my card until such time as " XXXX. XXXX '' unilaterally determines that it does not have that right and that I will be responsible to Bank of America to pay those charges. 

From my conversations with Bank of America representatives it is obvious that they are well aware of " XXXX '' practices and are committed to supporting them. I can not get any Bank of America representative to even acknowledge the existence of my right to terminate " XXXX. XXXX 's '' authority to charge my account.

Company public response: Company chooses not to provide a public response
Company response to consumer: Closed with explanation