Consumer complaint received 2024-08-21
Product: Credit card — General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement — Credit card company isn't resolving a dispute about a purchase on your statement
Company: BANK OF AMERICA, NATIONAL ASSOCIATION (CA)

Affidavit of Facts : XXXX XXXX Bank of America I purchased tickets from XXXX  for travel on XXXX XXXX  for {$990.00}. My destination was XXXX for travel between XX/XX/year> and XX/XX/year>. I contacted XXXX XXXX  via XXXX on XX/XX/year> requesting a change in flights from my departure on XX/XX/XXXX to XX/XX/year>. The person I spoke to in this regard was somewhat aggressive during the call and made multiple requests for spelling my name, even though he spoke and understood English at an above average level he seemed to want an antagonistic transaction. The price for this change was {$340.00}, which I agreed to but at the billing stage he requested my home address which I felt uncomfortable providing stating my credit card company would only require my zip code. 
He then stated if I did not want to provide an address I could always call back for another service provider. I said ok and canceled my request for changing flights and hung the phone up. 

The following day, XX/XX/year> I received a message from my bank indicating the use of my credit card and as a result I became suspicious and reviewed my account. I noted a pending charge in the amount of {$1000.00}. I contacted my bank immediately and advised I had not authorized any payments, and they stated the billing was from XXXX. I explained the situation and they initiated a fraud investigation and reissued a new card. 

I then reviewed my XXXX account and seen they had charged me the {$1000.00} for a XX/XX/year> flight, while at the same time cancelling my XX/XX/year> flight and cancelling my requested flight change for XX/XX/year>. The attached documentation indicates these actions were done the night before, on XX/XX/year>. I then contacted XXXX and spoke to an associate before requesting the aid of a supervisor named XXXX, which reviewed the account and stated they needed to start an investigation on this matter asap. XXXX then advised me that a manager would contact me to further the investigation. 

Approximately 30 minutes later a gentleman named XXXX called, he stated he was the manager and asked what was my issue. I then instructed XXXX what the employee had done with my credit card and they needed to fix this problem. XXXX continued requesting I cancel the XX/XX/year> flight, which I stated I was not going to do anything because I did not purchase a new flight, and any charge on my credit card was not authorized, and it was his job to correct the mistake. 
At a certain point it became obvious XXXX and XXXX had no intention of making good on this matter, and in fact, stated they would issue a refund in the amount of {$340.00} for the XX/XX/year> ticket. I became frustrated to XXXX XXXX of cursing him, and as a result XXXX hung the phone up. 

Approximately 30 minutes later XXXX called back to negotiate a compromise. He then asked if I still wanted the XX/XX/year> flight, which stated yes. He then advised me to cancel the XX/XX/year> flight and he would then confirm the XX/XX/year> flight. I again advised him that I would not cancel an unauthorized purchase, and that it was his responsibility to follow policy on unauthorized purchases. XXXX than asked what would satisfy my travel needs, which I replied, please repair the unauthorized purchases of {$1000.00}, and change the original XX/XX/year> flight to XX/XX/year> without cost to me for the continued disturbance to my vacation, and the consequences of questionable behavior by XXXX employees. 

On XXXX XXXX XXXX I had my first correspondence with XXXX XXXX XXXX employee, XXXX. I requested the status of my flight home, which XXXX stated I had no departing flights scheduled and that this matter had already escalated to the higher department for proper handling, and that I would be informed within 30 to 60 minutes with an expected update that never happened. These chats would continue over the course of weeks with XXXX, XXXX, XXXX XXXX, XXXX and back to XXXX XXXX Further, documents of cancellations with dates and times from XXXX  app is attached for review. In addition, I had to purchase new ticket in the amount of {$590.00} to get back home are attached as well. 

ATTACHED EXHIBITS # XXXX - # XXXX - # XXXX Email Transmissions Evidence # XXXX Dated XXXX/XXXXXXXX XXXX Original Booking Details # XXXX - E-Receipt XXXX # XXXX Dated XX/XX/year> @ XXXX Flight Change Awaiting Payment Departure Flight XXXX XXXX XXXX XXXX For XX/XX/year> with requested payment of {$110.00} # XXXX Dated XX/XX/year> @ XXXX Flight Change Request Was Not Successful Departure Flight XXXX to XXXX XXXX For XX/XX/year> We regret to inform you that your change request has been cancelled. 

# XXXX Dated XX/XX/year> @ XXXX - {$150.00} Credit to my XXXX XXXX XXXX for XXXX XXXX flight # XXXX Dated XX/XX/year> @ XXXX / XXXX - Itinerary # XXXX / Booking No. XXXX The XXXX different booking numbers demonstrate a new sale and not # XXXX Dated XX/XX/year> @ XXXX - About Your Charge Back Flight Booking # XXXX We regret to inform you that payment for your confirmed booking ( booking no. XXXX ) ( XXXX : XXXX - XXXX, XXXX XXXX XXXX XXXX ; total amount : {$1000.00} ) was declined by your bank. 

# XXXX Dated XX/XX/year> @ XXXX - About Your Charge Back Flight Booking # XXXX Your bank has informed us that payment for your booking ( total amount : {$1000.00} ) was declined by the cardholder. 
Attempted to utilize threatening posture # XXXX Dated XX/XX/year> @ XXXX - Cancellation Request Expedited # XXXX Your cancellation request has been expedited. We appreciate your patience. 

# XXXX Dated XX/XX/year> @ XXXX - Cancellation Request Submitted # XXXX # XXXX Dated XX/XX/year> @ XXXX - Refund Processed for you Booking # XXXX Airline Vouchers Credited for your Booking A refund of {$0.00} for your flight booking has been successfully processed back to your bank. 

# XXXX Dated XX/XX/year> @ XXXX Concerned Customer XXXX XXXX XXXX We reached out to the agent into this matter. In addition, we have followed up with them ( today ) to redirect the communication directly to you in order to address this situation appropriately. 

# XXXX Dated XX/XX/year> @ XXXX - Reply : Concerned Customer # XXXX Regarding your flight from [ XXXX XXXX XXXX XXXX XXXX round trip [ XXXX ; XXXX ], I understand your concern regarding the unauthorised payment. 

# XXXX Dated XX/XX/year> @ XXXX - About your Feedback for Booking ( Case # XXXX ) XXXX Request for me to withdraw my chargeback with BofA During my review, I noticed that you have initiated a chargeback for this particular booking. We kindly request that you consider withdrawing the dispute with your bank first, as this will allow us to engage in a more constructive discussion regarding the resolution of this case. 

# XXXX Dated XX/XX/year> @ XXXX - About your Feedback for Booking ( Case # XXXX ) XXXX Continued Request to Withdraw my Chargeback from BofA Unfortunately we have not yet to receive a reply from your side. We strongly encourage you to consider withdrawing the dispute in order to avoid any potential limitations on your ability to make future bookings with us. 


# XXXX Dated XX/XX/year> @ XXXX - About your Feedback for Booking ( Case # XXXX ) XXXX We regret to inform you that if you choose not to withdraw the dispute with the bank, we will be unable to offer any further assistance. After conducting a thorough investigation, we have confirmed that there are no unauthorized fraudulent purchases associated with this case. 

# XXXX Dated XX/XX/year> @ XXXX - About your Feedback for Booking ( Case # XXXX ) XXXX The Refundable Amount for your Booking is USD XXXX According to our records, we have verified that booking number XXXX ( XXXX XXXX  XXXX XXXX XXXX XXXX was made online by the customer on XX/XX/year>, at XXXX ( XXXX ). The total amount paid for the booking was USD XXXX. If you could please contact your bank to initiate the withdrawal of this amount, we will proceed to handle your case in accordance with the airline 's standard procedures. The refundable amount for your booking is USD XXXX. 

# XXXX Dated XX/XX/year> @ XXXX - About your Feedback for Booking ( Case # XXXX ) XXXX Statements contradicts previous statements made by XXXX and Bank of America Your change request was canceled because the payment was not completed within the required time-frame. The cost was USD XXXX. We could not find any record indicating that our agent tried to contact you at that time. 

We have also verified the phone number you provided XXXX, and confirmed that it does not belong to our company. 

Please note that our company can not use your card to make any new bookings. For your account security, we strongly recommend that you change your account passwords immediately and report this issue to the authorities. 

Please be informed that we have checked with our financial department and confirmed that the chargeback has been revoked. The refundable amount for the flight booking is approximately USD XXXX. Please confirm the refundable amount with us so that we can proceed with the refund for you. 

# XXXX Dated XX/XX/year> @ XXXX - About your Feedback for Booking ( Case # XXXX ) XXXX Complete Fabrication of events Stated by XXXX As the operation was through the App, we do not have this recording. 

# XXXX Dated XX/XX/year> @ XXXX - About your Feedback for Booking ( Case # XXXX ) XXXX Unable to Process Refund If you did not initiate this action, we strongly recommend that you take measures to ensure the security of your password and account of your e-mail box. 

We regret to inform you that the ticket ( XXXX. XXXX way : XXXX XXXX XXXX XXXX has already been refunded and can not be reinstated or changed to the desired date. 

As you have already contacted the bank to decline the payment, we are unable to process the refund ( USD XXXX ) directly to you before you withdrawn the case with bank. We kindly request your patience while waiting for the bank 's processing outcome. 

Recently Ive requested copies of all recordings and pertinent documentation from XXXX and received on XX/XX/year> @ XXXX what appears to be Call Chat Email and System Email files but unable to open files. Unfortunately XXXXXXXX XXXX has made it impossible to seriously consider them trustworthy because they cant even follow through with releasing the {$590.00} refund they offered weeks ago as a result of recent statements below : # XXXX Dated XX/XX/year> @ XXXX - About your Feedback for Booking ( Case # XXXX ) XXXX Please note that the password for the file is XXXX. Kindly download the file and use the password to open it. 
Regarding the refund you mentioned, please let us know if it is for flight booking No. XXXX, the refundable amount is approximately USD XXXX. Please confirm the amount with us, and we will then investigate and provide you with proper feedback. 
# XXXX Dated XX/XX/year> @ XXXX - About your Feedback for Booking ( Case # XXXX ) XXXX Last email XXXX made {$590.00} refund demands as a settlement. 
Please be advised that we can not process the refund without your confirmation, please kindly reply to us [ I confirm ] to continue to process your refund. 
Please kindly confirm with us whether you accept this proposal. Once accepted, it will be considered a full and final settlement of this case. 
Bank of America COMPLAINT On XX/XX/year> I contacted Bank of America credit card fraud department and spoke to an associate, as I informed her of the events stated above she stated I am not responsible for any unauthorized purchases and closed my credit card down for an investigation and re-issued a new card. 

XXXX XXXX  Dated XX/XX/year> @ XXXX Activity Alert : You Have Message about Your Claim XXXX I received Claim information from BofA initiating an investigation for unauthorized credit card purchase in the amount of {$1000.00} from XXXX XXXX XXXX  Dated XX/XX/year> @ XXXX Activity Alert : You Have Message about Your Claim XXXX I received Claim REJECTION information from BofA initiating an investigation for unauthorized credit card purchase in the amount of {$1000.00} from XXXX I contacted BofA immediately regarding their decision and requested reconsideration for their inaccurate decision. I was never contacted by BofA or XXXX the investigative Company for truthful evidence in my possession. XXXX XXXX XXXX Noted in the documentation was from XXXX, an investigative company responsible for the underlining evidence utilized in the process and clearly a Substandard tool for gathering biased subject matter. 

a. XXXX The email address listed under same name. 
b. XXXX The phone matches buyers name. 
XXXX XXXX The buyer connected via standard server. 
d. XXXX The booking has been made under the billing name. 
In fact their Mission statement states the following : XXXX aims to empower your business to unleash ecommerce growth by outsmarting risk. Ecommerce fraud teams play a crucial role in enabling their companys growth and profitability. To do so, you require an enterprise-grade fraud and risk intelligence solution that can efficiently combat fraud, curb policy abuse, and boost revenue to the max. The problem is, the speed, scale, and sophistication of fraud and abuse can stretch the team and profit margins thin. 

We believe risk should never keep you from growing your business with confidence. 

Thats why we dont just promise great business outcomeswe are accountable for them. As part of the strongest network of merchant brands that rely on our accurate machine learning approach, you can shift fraud chargeback liability and optimize performance according to your risk tolerance and business goals. Instead of feeling uncertain, you gain confidence and an accountable partner to your success. Take risk off the table with XXXX, and put your business on the sure path to growth and profitability. 


XXXX XXXX  Dated XX/XX/year> @ XXXX Activity Alert : You Have Message about Your Claim XXXX BofA made the same conclusion with the identical evidentiary position as before. 

a. XXXX The email address listed under same name. 
b. XXXX The phone matches buyers name. 
XXXX XXXX The buyer connected via standard server. 
d. XXXX The booking has been made under the billing name. 

In conclusion, the facts are clear, XXXX has a history of wrongdoing and the email transmission exemplify that, and Back of Americas discriminatory actions can be considered illegal by face value, as they would not consider treating a wealthy person in a similar fashion. Important to note, It does not appear they even initiated an investigation, but rather wasted time and allowed a company with corporate profit over factual evidence as an investigated tool in rejecting my claim. 


I XXXX XXXX XXXX declares as follows, The following facts are based on my personal knowledge, or on knowledge I gained through correspondence litigation. If called to testify, I could and would do so competently I declare the following facts are based on my personal knowledge, or knowledge I gained through correspondence with XXXX and Bank of America representatives and email documentation. I declare under penalty of perjury that the forgoing is true and correct. Executed this XXXX day of XX/XX/year>, in XXXX California.