Consumer complaint received 2024-04-15
Product: Prepaid card — General-purpose prepaid card
Issue: Trouble using the card — Trouble using the card to spend money in a store or online
Company: Incomm Holdings Inc. (FL)

I have been disputing a gift card that doesn't work since XX/XX/XXXX, and InComm has not resolved my case yet. I called them at minimum 5 times about the dispute and have emailed more than 5 times and have provided documentation 3 times. Their reps told me to keep waiting and in some instances were rude and insulting to me. All requested information has been provided, and they continue to ask for the same information again. They refuse to give me an address to contact them by mail. This is my good faith attempt to resolve this. 

XXXX XX/XX/XXXX - Gift card purchased from XXXX in the amount of {$500.00} XX/XX/XXXX - I tried to use the gift card, it would not work. I called Vanilla customer service, they said they flagged my card as fraud because I may have tried to use it without activating it first. They requested personal information from me and provided an email to send documentation. 
XX/XX/XXXX - I sent verification of my address, copy of my ID, and copy of original purchase receipt via email. They said it would be resolved within 30 days. 
XX/XX/XXXX - InComm requested me to provide my case number. 
XX/XX/XXXX - I replied and provided my case #. Automatic email received confirming they received my email. 
XX/XX/XXXX - I emailed InComm asking for an update, no reply. 
XX/XX/XXXX - I emailed InComm asking for an update, no reply. 
XX/XX/XXXX - I called the XXXX XXXX  asking for an update, that it has been over 30 days. The repeatedly said it takes 30 days, then they said 30 days from from confirming my documents. Waited the 30 days from XX/XX/XXXX, called back, and they still said the same thing. Would not provide further help or information. They said call back if I don't receive a replacement gift card within a week. 
XX/XX/XXXX - Received email from InComm asking for receipt ( XXXX time ) and photos of the gift card. 
XX/XX/XXXX - Emailed requested documents. Received automatic reply email. 
XX/XX/XXXX - Received email asking for a copy of the receipt AGAIN ( 3rd time ).

According to 15 U.S. Code 1693l1 ( b ) ( 1 ), It shall be unlawful for any person to impose a dormancy fee, an inactivity charge or fee, or a service fee with respect to a gift certificate, store gift card, or general-use prepaid card. 

The definition of service fee is A periodic fee, charge, or penalty for holding or use of a gift certificate, store gift card, or general-use prepaid card. 

I was unlawfully penalized for trying to use my general-use prepaid card. The penalty of all funds remaining on hold and inaccessible is a service fee under 15 U.S. Code 1693l1 ( b ) ( 1 ) that Incomm Holdings Inc. neither provided notice clearly and conspicuously for nor did they inform the purchaser before the general-use prepaid card was purchased.

Under 15 U.S. Code 1693m, Incomm Holdings Inc. is liable for failure to comply with any provision of this subchapter with respect to any consumer. I have suffered mental and emotional distress as well as humiliation in an attempt to recover the funds Incomm Holdings Inc. has unlawfully kept and refused to resolve even after my compliance with each of their requests.