Consumer complaint received 2024-02-02
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 (AZ)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  charged my XXXX XXXX  Bank of America Visa credit card {$3500.00} using XXXX  and he also demanded a little bit over {$100.00} in cash for the service. I was purchasing what was supposed to be a sound and rideable horse from a 3rd party named XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  The 3rd party guaranteed me ( and another witness -- the owner of the place I board ) both orally and in writing that the horse had been examined by a vet. The XXXX XXXX texted me the specific findings by the vet she said she took him to -- XXXX XXXX XXXX XXXX. The place where I board required a PPE ( Pre-Purchase Exam ) for the horse so it was a requirement of the sale. I wanted to make sure my purchase was protected so I didn't want to only use cash. The 3rd party person with possession of the horse falsified the veterinary medical report to fraudulently induce me into the sale. This is a fact I've proven to BOA. Both my veterinarian and the supposed veterinarian the 3rd party used verified this on video and in writing ( though BOA doesn't accept video proof ). The horse was delivered to me but was never sound or rideable. In fact, shortly after delivery, he became unable to walk. I had to pay for XXXX XXXX  to save his life. He required a XXXX XXXX XXXX a few days after that. I also had to have his XXXX XXXX  because he was in pain. These things cost XXXX XXXX XXXX XXXX and I was still left with an unrideable horse and months of costly rehabilitation ahead of him both in terms of time and money. 

Since the veterinarian said the XXXX may have been prevented if the 3rd party hadn't lied about the horse, I requested a full refund from both the merchant who charged my card and the 3rd party. The merchant never responded and has ignored me to this day. Since the merchant who acted as a 3rd party payment facilitator wouldn't give me a refund or even talk to me, I then filed a dispute with BOA on XXXX 

The only piece of evidence the merchant ever submitted to BOA was an electronic receipt with my forged signature on it. The receipt doesn't say what the {$3500.00} charge was for. All other evidence ( a contract, texts, etc. ) were exclusively from the 3rd party. BOA initially assumed all the evidence was coming from the merchant rather than the 3rd party scammer and denied my claim on XX/XX/XXXX. Often when I call the dispute department, they mention the contract I signed with the 3rd party. They keep saying I signed an " as is '' contract but they're leaving out the rest of that sentence where it says " all faults physical and training disclosed '' so this was complete fraud. Not only were the physical faults not disclosed, the 3rd party created a fake veterinarian report. 

I contacted XXXX because I found out the merchant had violated many of his terms of agreement but they told me to resolve the dispute through BOA. I was never offered or given a printed receipt. I was never made aware of any cancelation or return policies. The merchant has refused to attempt to resolve the dispute with me. I think it should matter to BOA that I proved the merchant broke many of the rules of XXXX by charging my credit card, but it doesn't seem to. 

BOA claims they didn't receive many of my faxes even though most were faxed from BOA bank branches by BOA employees. I resent many of them and BOA reopened my case several times including on XX/XX/XXXX when I discovered that the merchant had forged my signature. I filed a police report with the Sheriff 's Office. I was extremely surprised the merchant would do that but I found out he has a worrisome criminal record. Although his criminal record isn't directly related to this case, it is evidence that he's been dishonest in the past. When I 1st reopened the claim I was very disturbed when the BOA agent said there isn't any point in reopening the claim because BOA will just deny it again regardless of what new evidence is sent. 

I have reported the fraud to several law enforcement agencies including the FBI and also the XXXX XXXXXXXX XXXX XXXX  and the livestock division of the AZ Agricultural Department. On XX/XX/XXXX I was very hopeful when I contacted the BOA dispute department to check on my claim status and BOA representative XXXX told me I would be getting {$3500.00} credited back to my account. I was so excited that I made a note of it and told my friends and family. I left XXXX a glowing review with BOA. 

On XX/XX/XXXX I saw that my claim had been denied again. When I called, XXXX told me that at this point BOA wouldn't be able to collect the money back from XXXX because of time limits and that arbitration also wouldn't be possible because essentially there wasn't anything for BOA to gain. I protested saying they're supposed to be protecting me the customer. Many of the things XXXX said I knew were incorrect so I asked to speak to a supervisor. After a long wait I spoke to supervisor XXXX  She confirmed the info. XXXX gave me was incorrect but didn't offer any help. I asked why I had been told the week before I was going to be getting a {$3500.00} credit back and she said she didn't know why. I said I thought BOA should stand by their word. I suggested she listen to the recorded phone call. When I asked about reopening the case XXXX told me the same disturbing thing I'd been told months ago, BOA will just deny it again. I was shocked a supervisor would admit to this so I pressed to know if it makes any difference what evidence I send at all and she said they'll just reopen it because they're required to but it'll just get denied again. That doesn't sound legal or ethical. 

It's extremely concerning that I have repeatedly gotten incorrect info. from different agents. Even some of the supervisors have been wrong. One day an agent will say there's no point in reopening a case even with new evidence and then I'll get an agent like XXXX who tells me my case is looking really good and better than most of the cases that get approved. I don't know who to trust when everyone tells me something different. I even had a supervisor named XXXX tell me to get my claim reopened I would need to get a 3rd independent veterinarian to write a letter stating the fraud caused the additional cost ( approximately {$750.00} depending on the vet ) to me when that's already proven. BOA has never bothered to actually contact the veterinarians already involved in this case. Later the same day he told me something completely different when I called back and he reopened the case. I found out that in the guidelines of Visa ( page 44 and 45 ) that it's actually the responsibility of the merchant to get a neutral 3rd party opinion, not mine. BOA doesn't seem to know the rules of Visa or they pretend not to. 

The # 1 reason I use a credit card rather than cash is the protection I thought it provided from fraud. In this case my credit card wasn't stolen but I didn't get what I paid for. I've been in animal rescue for many years and you can get horses for free. I was offered many free horses and waived adoption fees from various horse rescues. I paid over {$3500.00} because I wanted to be guaranteed the horse I was purchasing was sound and rideable. I was completely scammed. The worst part however is this scam didn't just cost me the price of the horse, it also cost XXXXXXXX XXXX of extra dollars BOA isn't even considering due to the emergency XXXX and caring for and rehabbing a horse I have no use for but am stuck taking care of. When I asked for my money back the merchant completely ignored me and refused all communication and the 3rd party didn't offer to take the horse back because they knew it wasn't sellable. 

If the horse had actually been examined by the vet the 3rd party claimed he was or if the veterinarian findings the 3rd party had texted to me had been real, I never would've asked for my money back. I was lied to and fraudulently induced into buying a horse represented as sound and rideable. I was very clear to the merchant and 3rd party about my intention to use the horse as a riding horse. BOA should've ruled in my favor because I didn't get what was agreed to. If the horse had been rideable even one time before the almost immediate emergency surgeries I wouldn't have complained, but I was sold a broken horse. 


BOA keeps telling me they don't disagree that what happened to me was wrong but they keep telling me to just go outside the banking system and sue the fraudsters. Although I'm sure I would win in court, I know that scammers will never pay the judgement. I believe BOA should do what they agreed to 21 years ago when I signed up for their card and protect me from criminals who would use my credit for nefarious purposes. The merchant has a disturbing criminal record and both the merchant and 3rd party have multiple lawsuits ( some currently active ) against them. There's even a lawsuit where they were sued together. They are scam artists. 

On my latest call with the BOA dispute department I was told by an agent named XXXX, like I had been many times before, I should just get an attorney and file a lawsuit. I finally asked " Who am I supposed to sue? XXXX who let their client violate many terms of their agreement, the merchant XXXX XXXX who broke the rules of XXXX and charged my card as a 3rd party payment facilitator for something he didn't own or XXXX XXXX for creating false vet reports? '' The agent answered " Sue everyone! '' Well I don't think I should have to do that when BOA could easily do what they promised to do when I 1st got their credit card and protect me from fraud. 

I would also like to add that although I know it doesn't factor into the case, the horse was the one hurt the most in all this. I consider the actions of the merchant and 3rd party to constitute animal abuse and cruelty. The lies of the merchant and 3rd party caused this poor horse a lot of unnecessary suffering. 

I want my {$3500.00} back because I never got the sound rideable horse I was promised.