Date Received: 2021-03-03
Issue: Advertising and marketing, including promotional offers
Subissue: Confusing or misleading advertising about the credit card
Consumer Complaint: I applied with Comenity through XXXX XXXX to for a credit card. There was a promo offer that offered up to 15 % off of your purchase or {$50.00}, the lesser. I was buying a product that was about {$550.00} and it made sense to take the hard inquiry The terms clearly showed the rewards benefit of the general purpose visa offer or the private label in store only card. I selected the XXXX option, as the rewards outside of XXXX XXXX along with the instore benefit of the purchase seemed a good exchange for the hard inquiry on my bureau. I went through the origination process, and was granted the in store private label card, not visa general purpose visa, a credit limit of {$1000.00}, and the higher rate in the risk based pricing schema ( two price points, XXXX and XXXX ). I was not given the visa, nor was I presented with the reason codes for not getting the visa or the highest rate ( risk based pricing notification ). My credit profile as of the time of application was clearly Super Prime : FICO XXXX XXXX XXXX XXXX XXXX Income ( self reported XXXX per year ) DTI ( including housing ) = 11 % ( my mortgage is my only debt and it is approximately 1360/mo ) I attempted to contact Comenity several times to get clarity on the matter and was not successful getting to the correct party and was regularly disconnected. I will write a letter to their dispute and complaint office now, reference this complaint and email them as well. This is ludicrous and if my profile is not worthy of the lowest rate highest limit product they offer, they are advertising a product that fewer than 1 % of American 's will qualify for. A true bait and switch concern. Please see attached for credit history images for both XXXX ( from XXXX XXXX and FICO XXXX from XXXX XXXX to substantiate my concerns.
Company Response:
State: CA
Zip: 92024
Submitted Via: Web
Date Sent: 2021-03-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-03
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I filed a dispute in regards to the incorrect items on my credit report and its been well over 30 days and I havent received any investigation results.
Company Response:
State: PA
Zip: 150XX
Submitted Via: Web
Date Sent: 2021-03-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-03
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: In XXXX of XXXX, XXXX, and again in XXXX, my XXXX card issued by Comenity Bank was used by an unauthorized party who somehow had access to my account information even though I received a new credit card number after each of the three previous unauthorized charges during the past three years. No one else has access to my credit cards. In XXXX and XXXX, after filing a formal complaint with Comenity, they eventually conceded that it was an unauthorized charge ( XXXX for {$380.00} ) to my credit card. After each event, I received a new credit card with different account number. Unfortunately, in XXXX Comenity declined to do so, requiring me to pay the unauthorized charge to keep my account current and avoid a negative impact to my credit rating. Given that this is the third time in that many years that my account has had the same unauthorized charge for the same amount and payee against my credit card, I am quite concerned about the lack of responsiveness on Comenity 's part and what appears to be lax oversight provided for unauthorized charges and worry about what certainly appears to be a pattern of control breakdowns leading to unauthorized use. I'm also concerned about Comenity 's continued authorization of these annual charges to new credit card account numbers ; someone should have observed red flags by now.
Company Response:
State: AL
Zip: 35758
Submitted Via: Web
Date Sent: 2021-03-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-03
Issue: Getting a credit card
Subissue: Delay in processing application
Consumer Complaint: Comentou Bank, the issuer of XXXX XXXX XXXX, has been sending me already mistimed mail in regards to my account. I opened the account about two weeks ago ... havent had the chance to personally use it. It was used to put a down payment on a vehicle, it was explained to me that I would receive a card in the mail in a matter of business days. So far, the only materials I have received is a notification of interest change which requires a 45 day waiting between changes as stated by the CARD act. My interest rates are changing and without any material to access my account I am forced to let them work behind the scenes with how much I pay IF I am to receive the card soon? I am very worried about my safety with this company. Customer Service was called and was utterly unhelpful. A direct quote from their CSR : I have no idea what is going on here. I feel that sending someone a card they applied for is a good first step. Please, let me know if there is any more info I can provide, and god willing get these guys a massive audit.
Company Response:
State: MO
Zip: 65201
Submitted Via: Web
Date Sent: 2021-03-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-03
Issue: Closing your account
Subissue: Company closed your account
Consumer Complaint: The account with XXXX XXXX Mastercard was closed without prior notice on XX/XX/2021 due to account inactivity and XXXX balance. When attempting to contact XXXX XXXX Mastercard XXXX I was prompted to enter the last 4 digits of my Social Security number. The automated system detected my account was closed and said they could not open an account once it was closed and the call was disconnected. Not no option to speak to a customer service rep or anything. This closing of an account due to inactivity hurt the consumer. They have lowered my available credit, therefore, lowering my credit score. They lowered my history of accounts that have been open, the account has been open for over 7 years, therefore lowering my credit score. Not sending some sort of 30-day notice prior to closing the account would be better than sending notification of the account is closed. Since the balance is {$0.00} I could have attempted to use it only to be denied because the notification was sent to the online portal. I know the account has a XXXX balance and have no reason to check the balance beforehand so I never saw " the account is closed '' letter. For them to have the ability to close my account when the account was in good standing and I suffer the results is not fair to the consumer. This practice needs to stop. I have had this happen on other occasions and the work and time it takes to build up your credit score back to what it was before the account was closed should not fall to the consumer only.
Company Response:
State: IN
Zip: 462XX
Submitted Via: Web
Date Sent: 2021-03-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-03
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: A hard inquiry is being reported on my credit report and I did not apply for credit with the company.
Company Response:
State: TX
Zip: 77657
Submitted Via: Web
Date Sent: 2021-03-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-03
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I filed a dispute in regards to the incorrect items on my credit report and its been well over 30 days and I havent received any investigation results.
Company Response:
State: PA
Zip: 152XX
Submitted Via: Web
Date Sent: 2021-03-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-03
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I sent a dispute to the credit reporting agencies on XX/XX/XXXX. According to the FCRA, credit reporting agencies must follow reasonable procedures to ensure maximum possible accuracy, ( Turner v. Experian Info. Sols., Inc. , XXXX XXXX XXXX, at *XXXX ( XXXX Cir. XXXX XXXX XXXX ) ; Peart v. Shippie, XXXX XXXX XXXX XXXX ( XXXX Cir. XXXX ) ). At this time, Ive provided the information to the credit reporting agency on XX/XX/XXXX and they have failed to conduct that reasonable investigation which indicates a violation of the act ( Andrews v. Equifax Info. Serv., XXXX XXXX XXXX XXXX XXXX ( W.D. Wash. XXXX ) ). In my dispute to the credit reporting agency on XX/XX/XXXX, I explained my dispute in detail and requested for an investigation to be conducted regarding the information on my credit profile. In my research, one court noted : [ t ] he standard of conduct by which the agencys action is to be judged is deeply rooted in the law of negligence : what a reasonably prudent person would do under the circumstances. ( Poore v. Sterling Testing Sys., Inc., XXXX XXXX XXXX XXXX XXXX ( E.D. Ky. XXXX ), citing Bryant v. TRW , Inc., XXXX XXXX XXXX XXXX XXXX ( XXXX. Mich. XXXX ), XXXX XXXX XXXX XXXX ( XXXX Cir. XXXX ) ). I want to see what that the credit reporting agencys procedures are reasonably designed to prevent inaccuracies, but also whether the agency actually followed its own procedures. ( Rothery v. Trans Union , L.L.C., XXXX XXXX XXXX ( XXXX Or. XXXX XXXX XXXX ) ). It is not enough that a CRA have procedures in place. The employees must follow those procedures in each and every report they prepare ( 15 U.S.C. 1681e ( b ). See Williams v. First Advantage LNS Screening Sols., Inc. , 238 F. Supp. 3d 1333, 1346 ( N.D. Fla. XXXX ) ( CRAs failure to following its own procedures for matching consumers with common names was evidence of willfulness ) ). The CRA must not just have reasonable rules, but the employees must strictly follow those internal CRA rules. ( Carroll v. Exxon Co., 434 F. Supp. 557 ( E.D. La. XXXX ). Cf. Smith v. Ohio Sav. Bank, 2008 WL 2704719 ( D. Nev. XXXX XXXX XXXX ) ( fact that furnisher ignored its own policy and procedure manual could raise issue of fact as to whether it conducted reasonable investigation ) ). In Cahlin v. General Motors Acceptance Corp., the XXXX Circuit explained that a consumer satisfies their initial burden by presenting evidence tending to show that the CRA published a consumer report containing inaccurate data. Ive done this on XX/XX/XXXX. Per the settlement with a multistate group of Attorneys General, ( Assurance of Voluntary Compliance/Assurance of Voluntary Discontinuance, In the Matter of Equifax Info. Serv. L.L.C., Experian Info. Sols., Inc. , and XXXX XXXX. , IV ( F ) ( 6 ) ( XXXX XXXX XXXX ) ), and supervision by the Consumer Financial Protection Bureau , the system was somewhat reformed, but serious deficiencies remain ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX , XXXX XXXX XXXX : XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX ) ). In my research, according to FCRA 611 ( a ) ( 1 ) ( A ), the credit reporting agency must conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file..... before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Since I mailed the letter, Ive allowed 5 days for mail time to the credit reporting agency which would mean the credit reporting agency, according to my calculations, had until XX/XX/XXXX to provide their response to my investigation. The problem that comes into play is that the bureau has never sent me proof that an actual investigation took place, nor did they show me their method of verification that I requested on XX/XX/XXXX. I also requested verification so that I can see what the credit reporting agency is reviewing before entering inaccurate information onto my credit report. Based on the lack of requested verification from XXXX XXXX XXXX, how are 1 ) they allowed to verify the accuracy of what they are reporting to the credit reporting agencies, when what they are reporting are inconsistent with the other credit reporting agencies and 2 ) how are the credit reporting agencies actually conducting a reasonable investigation when they dont have all of the required information based on my dispute?
Company Response:
State: CA
Zip: 94066
Submitted Via: Web
Date Sent: 2021-03-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-02
Issue: Problem when making payments
Subissue: Problem during payment process
Consumer Complaint: I have the XXXX credit card and have been enrolled in automatic payments as far back as XXXX which posts as {$29.00} on the first of the month on my statements. I decided to check in on it a few days ago to find that the automatic payments were still enrolled but that the payments are not posting and that I have accrued two sets of late fees. I figured this was the site malfunctioning and that I'd accept the {$68.00} worth of late fees ( {$40.00} late fee on XX/XX/21 and {$28.00} on XX/XX/21 ) and make double sure that both automatic payments was on by resigning up for it on Saturday before due date and that it is connected to my correct and functioning bank account. I attempted to place a one-time payment to completely pay off my balance ( {$380.00} on XX/XX/21 ) but again the payment did not post for either. If I assume I forgot to hit the second confirmation on the one-time payment, my automatic payment should have covered the minimum due. I am now late for this pay period and will be given a larger fine. Customer service does not connect me to real people, and is not structured appropriately for dealing with disputes. I would like to be done with this card, but I must first pay off the balance that is destroying my credit and accruing late fees.
Company Response:
State: WA
Zip: 98034
Submitted Via: Web
Date Sent: 2021-03-02
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-03
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: I have returned the merchandise and stated categorically that I am not interested in any store credit but they keep bouncing me back and forth and after a year, they are not stating that there is no record that the merchandise was returned.
Company Response:
State: OH
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-03-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A