Consumer complaint received 2025-07-04 00:00:00
Product: Checking or savings account — Checking account
Issue: Problem with a lender or other company charging your account — Transaction was not authorized
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA

Complaint narrative:
On XX/XX/XXXX, I checked into The XXXX Hotel in XXXX XXXX for a one-night stay to quietly commemorate an anniversary. Upon entering the room, I observed a strong lingering odor of smoke and noticed the smoke detector was detached and hanging off the wall a clear safety concern. I promptly reported this to the front desk. While hotel staff acknowledged the condition, I was not relocated to a different room. Instead, I was offered only chemical deodorizer spray to mask the odor. I remained in a room that was already compromised, both in air quality and safety. 
Later that evening, I briefly lit a single anniversary candle on a cupcake, in a private, respectful, and safe manner. The flame was minimal, extinguished within seconds, and posed no risk. At no point during check-in, within the room, or elsewhere in the hotel was there any clear signage or specific policy prohibiting such a common personal celebration. The policy cited in the signed guest form stated that smoking or use of combustible materials is subject to a {$500.00} fee, yet it failed to define what qualifies as a combustible material. This overbroad and ambiguous clause did not reasonably put me on notice that something as benign as a celebratory candle could incur a penalty. The hotel 's failure to clearly outline prohibited conduct is misleading and lacks transparency. 
After checkout, I was charged {$130.00} for the room which I do not dispute along with an unauthorized charge of {$490.00}, labeled as a smoking fee. I did not smoke in the room. This fee appears retaliatory, especially since I had earlier reported the smoke odor and detached detector to staff. I received no prior notice, no opportunity to contest the allegation, and no supporting evidence was provided. 
This charge violates my rights as a consumer under : Electronic Fund Transfer Act ( 15 U.S. Code 1693g ) prohibiting unauthorized withdrawals from a debit account ; Regulation E ( 12 CFR 1005.11 ) requiring financial institutions to resolve unauthorized charge disputes promptly ; Nevada Revised Statutes 598.0923 which defines deceptive trade practices to include failure to disclose material terms and false representations about the quality or safety of a service; NRS 205.0832 covering the use of misrepresentation to wrongfully take money from another person. 
I attempted to resolve this issue directly with the hotel, but they refused to reverse the charge or offer any remedy. The fee was imposed without my knowledge or consent, and the vague combustibles clause can not reasonably justify this extreme penalty for safe, momentary candle use. 
I request that the {$490.00} unauthorized charge be reversed, and that the Consumer Financial Protection Bureau investigate this business for deceptive post-checkout billing practices and failure to uphold reasonable consumer disclosure obligations.

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 explanation