Date Received: 2021-08-04
Issue: Managing an account
Subissue: Deposits and withdrawals
Consumer Complaint: This account was opened on XX/XX/2021. I use it for deposits from a rental property. On XX/XX/XXXX I logged into the account in order to make an outgoing transfer and the account had a 'restricted ' label on it. I called Comenity ( the bank ) and they said the account was restricted on XX/XX/XXXX and they confirmed that I had not received any notice/communication that the account had been restricted. While on the phone with the bank on XX/XX/XXXX, I was told that the account was not restricted due to fraud but they could not tell me why it was restricted or when it would be unrestricted. They also informed me that while the account was restricted on XX/XX/XXXX, there were no notes on the account as to why it was restricted and there were no updates regarding the account since XX/XX/XXXX meaning it was in a restricted status for over 14 business days without an update. At the moment I am unable to withdraw funds from the account but am able to deposit funds.
Company Response:
State: VA
Zip: 228XX
Submitted Via: Web
Date Sent: 2021-08-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-04
Issue: Getting a credit card
Subissue: Application denied
Consumer Complaint: I was declined for an XXXX store credit card which I qualify for based on my income and credit. However, I received a letter that due to my age and the fact that I have a recent address change ( purchased a new home ), I was declined which is discrimination against me based on my age, and both my income and credit score should have me approved.
Company Response:
State: FL
Zip: 33134
Submitted Via: Web
Date Sent: 2021-08-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-04
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I sent letters to XXXX and XXXX credit bureaus the date of the last letter was on XX/XX/XXXX. And now we are in the month of XX/XX/XXXX and still nothing from them. That means XXXX and XXXX credit bureaus have NOT complied with the Fair Credit Reporting Act law and continued to report inaccurate information on my credit report. Below are the accounts that are still reporting on my account : XXXX $ XXXX XXXX : XX/XX/XXXX XXXX $ XXXX XXXX : XX/XX/XXXX XXXX $ XXXX XXXX : XX/XX/XXXX
Company Response:
State: DC
Zip: 20002
Submitted Via: Web
Date Sent: 2021-08-20
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-03
Issue: Problem with a purchase shown on your statement
Subissue: Credit card company isn't resolving a dispute about a purchase on your statement
Consumer Complaint: Comenity agrees with this history of events, but says that " policy '' prevents them from removing the fraudulent fees from my account. In XX/XX/XXXX I placed an order from XXXX XXXX and paid with my XXXX XXXX / Comenity card. The order was never delivered. I assumed that it had been cancelled, which turned out to be a mistake. I didn't think about it again until XX/XX/XXXX when I got a call from Comenity collections department asking for payment plus late fees. I spoke with both XXXX XXXX and Comenity customer service several times, including one conversation with both of them together. It turns out that XXXX XXXX issued a gift card instead of a refund, and mailed it to a defunct address. On / about XX/XX/XXXX, XXXX XXXX canceled the gift card and tried to credit my card account at Comenity. Comenity 's response was that my account was locked and therefore not eligible for a credit. XXXX XXXX offered a workaround : they would issue my credit to a different credit card, I would use that refund to pay Comenity, and Comenity would remove the late fees from the account. I received the refund to a 3rd party credit card on XX/XX/XXXX and paid Comenity on XX/XX/XXXX. I was told the late fees would be removed and didn't think about it again. Then in late XXXX I received another call from Comenity collections. They had continued to accrue late fees and finance charges. I submitted a dispute at that time, and fees were paused until resolution. They also credited two of the four late fees that had accrued, which was the max they were allowed to credit by policy. Comenity claims they sent a written response to my dispute, requesting more information. However I never received a written response and there is no message in my Secure Message Center online. Instead, I got another call from collections in XXXX. Comenity had closed my dispute and started accruing fees again in XXXX. ( Almost ) every customer service agent I've talked to has been friendly and attempted to be helpful. But now, when they review the history in their system, they ask me to prove that I never received the order. Which is of course impossible, especially 10 months later when XXXX has already wiped the tracking information. They actually suggested that if I have a video doorbell, I could review footage and show that the package was never delivered. I don't have a video doorbell, and that's ridiculous anyway. In XXXX, I was able to speak to a Senior Account Specialist named XXXX, who refused to give a last name. She said that it was impossible that my account could have been locked in a way that made XXXX XXXX unable to issue a credit. All of my calls with customer service are surely recorded and can be reviewed for accuracy. XXXX also told me that even if I'm 100 % correct, my account is not eligible to credit any more late fees, because two have already been credited this year. So now Comenity policy requires that they continue to charge late fees and finance charges, even though they have admitted that they should not, three times over. What is fraud, if not charging fees for an order that was never delivered?
Company Response:
State: NY
Zip: 10573
Submitted Via: Web
Date Sent: 2021-08-03
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-03
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: Hard credit inquiry to my account without any open accounts or any applications to my name initiated by me for credit by XXXX XXXX XXXXMade within past XXXX mo. 2021 ( might have been XXXX, I cant remember ). Hard inquiry impacting my credit score.
Company Response:
State: PA
Zip: 19154
Submitted Via: Web
Date Sent: 2021-08-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-03
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: I have an account with Comenity XXXX XXXX, by virtue of a purchase I made at XXXX XXXX XXXX in XXXX ( XXXX ). In XXXX I submitted a payment which was mailed timely and processed late. The check I submitted in payment for XXXX in the amount of {$130.00}, dated XX/XX/XXXX. That was 4 days prior to the due date. I have no image since it seems Comenitys practice is to not return negotiated checks to the bank. The next statement indicated Comenity processed the check on XX/XX/XXXX, and the transaction hit my bank on XX/XX/XXXX. Comenity asserts it was received late which I dispute. I sent a letter to the CFO of Comenity expressing my dispute dated XX/XX/XXXX, after being stonewalled by two reps of Comenity. I received no response. I sent a second letter disputing the assessment of late fees on XX/XX/XXXX, with a payment of the full outstanding balance of the loan from the purchase, as indicated on the billing statement. That amount was {$5300.00}. This payment was recorded on the subsequent statement. I received a letter from Comenity dated XX/XX/XXXX, in response to complaints filed with CFPB and XXXX. This letter was 44 days after the date of my initial letter. Prior to that date I received no letter from Comenity in response to my letters sent directly to them. I did receive a letter from Comenity dated XX/XX/XXXX concerning my dispute, which I presume was in response to my letter to their CFO. No dispute ID was shown in the letter. The response merely stated the issue was under investigation. The response time for both exceeds that permitted under the Fair Credit Billing Act. The Comenity response to XXXX and CFPB was that the account was reviewed and was deemed correct. No other explanation or supporting documentation was provided. The FCBA stipulates that I may withhold payment on the disputed amount ( and related charges ) during the investigation. " You must pay any part of the bill not in question, including finance charges on the undisputed amount. '' I paid undisputed charges, finally paying off the note. Comenity continued to assess late fees and interest, contrary to the FCBA. The FCBA also states the creditor may not take any legal or other action to collect the disputed amount and related charges ( including finance charges ) during the investigation. Comenity continued to assess interest and charges during the pendency of the dispute. Moreover, when I submitted my payment to discharge the loan, rather than adhering to my clear instructions, Comenity applied part of that payment to the disputed interest and fees, contrary to the FCBA. I responded to the Comenity letter of XX/XX/XXXX, on XX/XX/XXXX, continuing to assert my dispute and presenting them with what I assert are factual errors on their part. Comenity historically processed payments within 4 days, which was also the time for my XXXX payment. Comenity began processing considerably longer than other credit companies I do business with in XXXX and after, and which has degraded in the time period shown. I assert the issue with the payment processing is due to internal problems that Comenity is experiencing, probably related to Covid, particularly staffing shortages experienced by other companies. On XX/XX/XXXX, I sent another letter to Comenity objecting to their XX/XX/XXXX letter and assertion that my XX/XX/XXXX payment was made timely. The XXXX payment timeliness was never in dispute. Comenity ignored my rebuttal to their previous letters. In my XX/XX/XXXX letter I asserted my rights under the FCBA, including wanting documentation in support of their assertions, and advising them of their violations of the FCBA, and finally putting them on notice concerning reporting to credit agencies. The FCBA states that any creditor who fails to follow the settlement procedure may not collect the amount in dispute, or any related finance charges, up to {$50.00}, even if the bill turns out to be correct. I assert that in several areas Comenity has failed to adhere to the law. However the {$50.00} cap is meaningless in the context of Comenity continuing to assess late charges and interest, which is as coercive as it is wrong. Given the other matters of this dispute, I fully expect Comenity to ignore the {$50.00} carve out, as they have ignored my dispute in general. This is not surprising when viewed in context with reports of class action suits against Comenity and a litany of complaints shown in the XXXX and CFPB records. There are also a long list of complaints on the Comenity XXXX page. A Class action lawsuit filed on XX/XX/XXXX in United States District Court, Central District of California, Southern Division, against Comenity Bank, alleges improper debt collection practices. Class action suits alleging violations of the Telephone Consumer Protection Act were filed in XXXX, and XXXX. In XXXX the company settled a class action suit filed under the TCPA for {$8.00} XXXX. This XXXX lawsuit was settled shortly after it was filed. Suits have also been filed against Comenity Bank for violations of the TCPA in West Virginia, Pennsylvania, and California. The XXXX reports Comenity reviews of 1.04/5, which is very consistent with my experience. The specific reviews are abysmal. What is troubling is that my own review which I submitted a few days ago does not show up. The XXXX gives Comenity a F rating and the company is not XXXX accredited. I examined the XXXX complaints shown on the web site and Comenity consistently responds with, We appreciate you taking the time to let us know you have concerns. We will begin researching immediately and will contact you when our investigation is complete. There is no evidence that any resolution occurred. Moreover, the complaint I submitted, in some detail, is not even shown. I examined reviews on ConsumerAffairs. Comenity has a rating of 3.5/5, but looking at the actual reviews in the last 12 months I only found one good one. Most of the rest were rated 1. In XXXX the FDIC announced settlement with Comenity Bank and Comenity Capital Bank for Deceptive Practices. It is clear that Comenity is a bad actor. This is my second complaint to CFPB. CFPB merely accepted the initial Comenity response at face value and dropped the matter. I submitted an extensive rebuttal, but I can not find it anywhere on the CFPB site. How can consumers be warned about bad business practices if the information is not provided? This complaint concerns not only the original issue of Comenity improperly assessing late fees and interest, but also for violations of the Fair Credit Billing Act. I request that you contact Comenity and require them to discontinue their usurious practices, remove all assessed fees and interest, refund the amount I paid under duress and under protest, and close the account as I have requested.
Company Response:
State: NM
Zip: 87124
Submitted Via: Web
Date Sent: 2021-08-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-03
Issue: Fees or interest
Subissue: Problem with fees
Consumer Complaint: Back on XXXX XXXX, XXXX I contacted Comenity Bank about the 2 finance charges they had on my transaction sheet where I pay my bill. It listed two finance charges. When I asked them to explain themselves, they beat around the bush and did not directly answer me. I told them I wanted a full explanation and here is what they said : Although your interest rate did not change, other terms in the account have changed. To align purchases with the new terms, all purchases prior to XX/XX/XXXX will calculate a separate finance charge from any purchases after XX/XX/XXXX. When I inquired what the " new terms '' were they did not answer me. I told them I wanted a printed copy of the terms as well and still nothing. When I said if they did not explain things to me I would contact the Consumer Finance and let you know what was happening. Comenity discontinued my card back in XXXX without a full explanation and I have not made a purchase with that card for nearly 3 years! The thing that has happened now is they went in and altered the transaction information and took off all the 2nd finance charges that were showing! I would like a credit for all those charges I was wrongly charged and a written explanation of what those " change in terms '' were exactly. I also found out they are doing the same thing to my Blair credit card account too!!! Two finance charges on them. Please make them stop and give my credit and written explanation. No other company is doing this. I do not have the card any longer so I can only provide the last 4 numbers of the account from my statement. Also, the ID number from my last contact with XXXX XXXX is XXXX.
Company Response:
State: IN
Zip: 47909
Submitted Via: Web
Date Sent: 2021-08-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-03
Issue: Problem when making payments
Subissue: Problem during payment process
Consumer Complaint: I have a Mastercard Ultamate Rewards card through Comenity Bank. I made a cashier 's check payment to payoff my balance through my credit union and they cashed it on XX/XX/2021 but did not apply the payment to my account. I opened a dispute with them and provided them with evidence of the cashed payment and they have not applied the payment. This is unacceptable. The cashier 's check number is XXXX in the amount {$2700.00}. I need this amount to be applied immediately to my balance. I also need any finance charges or fees assessed to my account to be reversed. Enclosed is evidence from my credit union that showed the payment has been reconciled.
Company Response:
State: CA
Zip: 90680
Submitted Via: Web
Date Sent: 2021-08-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-03
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: Unauthorized accounts for Lane Bryant and Express showing on my credit reports. They have failed to properly verified and validate the accounts were authorized. They have not sent any documents bearing my signature to open the accounts.
Company Response:
State: NC
Zip: 28227
Submitted Via: Web
Date Sent: 2021-08-03
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-03
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: XXXX is the only bureau not reporting accurate information on my credit report. Thru will not keep their agreement of taking the fraudulent debt Comenity Bank off of my credit report even after they told me to get a police report and identity theft report.
Company Response:
State: DE
Zip: 19702
Submitted Via: Web
Date Sent: 2021-08-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A