Hi tavo2,
It sounds as though you've already made the proper moves by contacting
your bank and starting an investigation through them. Credit Card
purchases on the internet are protected under the Fair Credit Billing
Act if you act in a timely manner. If you've followed the steps below,
you've done exactly what you are supposed to do and your bank should
resolve the dispute within 90 days.
1) Don't pay for the disputed charge.
2) Start a formal investigation with your bank within 60 days of your
first statement.
The New York City Department of Consumer Affairs:
Shopping by telephone or mail:
"The Federal Trade Commission Mail or Telephone Order Rule protects
consumers when they purchase goods by mail, telephone, computer, or
fax machine. Consumers are guaranteed additional protection if they
pay by credit card under the provisions of the Fair Credit Billing
Act."
"If you find a billing error on a monthly credit account statement,
listing an incorrect amount paid or a purchased product that was not
delivered, you may dispute the charge and withhold payment while it is
investigated. To dispute the charge and be protected by the Fair
Credit Billing Act, a consumer must:
* Pay for the undisputed portion of the bill, including finance charges.
* Write to the creditor at the address shown on the monthly statement
for billing inquiries. Describe the billing error and include copies
of any documents that support the claim, such as credit card and store
receipts. Be sure to include your name, address, and credit card
number in your letter.
* Act quickly! Your letter must reach the creditor within 60 days
after the date on the first statement you received containing the
error. The creditor must acknowledge receipt of your letter within 30
days of receiving it, and resolve the dispute within 2 billing cycles,
but not more than 90 days, after receiving your
letter.
Resolving complaints:
To file a Consumer Affairs complaint about mail- or phone-order
purchases from New York City-based firms, call the Citizen Service
Center at 3-1-1. Outside the five boroughs, call (212) NEW-YORK."
http://www.nyc.gov/html/dca/pdf/shopping_by_phone_or_mail.pdf
"Delivery and purchase protection. By law, a company must ship your
Internet purchase within the time stated or within 30 days if no time
is specified. For consumers using their credit cards to make
purchases, the Fair Credit Billing Act offers additional protection.
The Act makes it easier to challenge billing errors and dispute
charges for unsatisfactory goods or services. If you feel
uncomfortable giving out your credit card information over the
Internet, shop online to choose what you want, and then order it over
the phone."
http://www.nyc.gov/html/dca/html/pr_113004.html
"Never send cash through the mail. Refrain from sending a money order
or personal checks to pay for your purchase and never send cash. Using
a credit card or charge card offers much more protection to the
consumer. When you use your credit card to pay for purchases over the
Internet, by phone or mail, you have the right to dispute a charge if
you find a billing error on your statement or if the goods are
unsatisfactory. Check the back of your credit card statement for the
procedures you must follow to be protected by the law."
"To contact the Consumer Protection Board hotline, call 1-800-697-1220
outside the Capital Region or (518) 474-8583 in the Capital Region.
Consumers may also download a consumer complaint form from the board's
Web site: www.consumer.state.ny.us."
http://www.state.ny.us/governor/press/year99/nov24_99.htm
Additional Links of Interest:
Relevant Consumer Protection Laws for the United States
http://www.crimes-of-persuasion.com/Laws/US/consumer_laws.htm
Internet Fraud Complaint Center:
http://www.ifccfbi.gov/cf1.asp
I hope this helps to set your mind at ease a bit and hopefully you'll
hear some good news soon. If you have any questions, please post a
clarification request *before* closing/rating my answer and I'll be
happy to reply.
Thank you,
hummer
Google Search Terms Used:
brooklyn consumer protection
Fair Credit Billing Act NEW YORK
Consumer Protection Board new york
new york internet order consumer protection
new york consumer protection credit card orders
new york consumer protection internet credit card orders
credit card internet cancelled transaction consumer protection
credit card internet how to demand a refund consumer protection |
Request for Answer Clarification by
tavo2-ga
on
11 Jan 2005 11:33 PST
Hi hummmer-ga !
I never got the merchandise. Over phone, I was promised full refund.
Several phone calls, last one today, resulted in verbal
acknowledgement of the refund being due, but given pretexts of why
refund hasn't been done. Card was a Master. Merchant does have policy
of return/refund within 2 weeks. I cancelled, within time, because
their transporter said merchandise was going to be delivered in 14
days-a week late (I had paid for 5-7 day delivery) and I was going to
be out of town for several weeks.
Thank you,
tavo2
|
Clarification of Answer by
hummer-ga
on
12 Jan 2005 06:34 PST
Hi tavo2,
Thank you for your clarification. Sorry I haven't gotten back to you
sooner but I was out all day Tuesday. I'll have another look at your
question and get back to you as soon as possible today.
Regards,
hummer
|
Clarification of Answer by
hummer-ga
on
12 Jan 2005 08:19 PST
Hi tavo2,
Ok, the Federal Trade Commission tells you exactly what to do to take
advantage of the Fair Credit Billing Act.
What types of disputes are covered?
The FCBA settlement procedures apply only to disputes about "billing
errors." For example:
"charges for goods and services you didn't accept or weren't delivered as agreed"
To take advantage of the law's consumer protections, you must:
"* write to the creditor at the address given for "billing
inquiries," not the address for sending your payments, and include
your name, address, account number and a description of the billing
error.
* send your letter so that it reaches the creditor within 60 days
after the first bill containing the error was mailed to you.
Send your letter by certified mail, return receipt requested, so you
have proof of what the creditor received. Include copies (not
originals) of sales slips or other documents that support your
position. Keep a copy of your dispute letter.
The creditor must acknowledge your complaint in writing within 30 days
after receiving it, unless the problem has been resolved. The creditor
must resolve the dispute within two billing cycles (but not more than
90 days) after receiving your letter."
[SEE SAMPLE LETTER]
Include the fact that you are confirming a telephone or in-person
enquiry at your bank so that the bank doesn't try to resolve the same
problem twice.
Include as the reason: "charges for goods you didn't accept or weren't
delivered as agreed"
Include a printout of the merchant's Policy Page and Contact Page.
What happens while my bill is in dispute?
"You 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.
The creditor may not take any legal or other action to collect the
disputed amount and related charges (including finance charges) during
the investigation. While your account cannot be closed or restricted,
the disputed amount may be applied against your credit limit."
http://www.ftc.gov/bcp/conline/pubs/credit/fcb.htm
How to dispute a credit card purchase:
http://moneycentral.msn.com/content/Banking/creditcardsmarts/P79885.asp
I hope this helps and that your bank is able to resolve the issue
quickly. If you have any other questions, please let me know.
Regards,
hummer
|
Request for Answer Clarification by
tavo2-ga
on
12 Jan 2005 14:33 PST
Hi hummer-ga !
Yeah, you've given me most of the contacts needed for my complaint. I
guess I'll just wait for my bank to finish their investigation. I
don't see why I wouldn't eventually (in 60 days ?) get the purchase
amount definitely credited back from the merchant. But, if for some
reason, the credit card bank doesn't make the temporary credit stand,
then I'll start writing to the NY consumer protection authorities
about the merchant and the bank.
I just am not familiar with Internet purchases.
Thanks again,
tavo2
|
Clarification of Answer by
hummer-ga
on
12 Jan 2005 17:27 PST
You're welcome, tavo2, thank you too. It's too bad you seem to have
found the odd bad apple in the bunch. I wonder why the merchant hasn't
followed through with the refund? It's not hard to do. If you send an
official letter to M/C, consider sending a copy to the merchant, it
could do wonders because they will want to avoid a "chargeback" made
to their account (your bank will debit their M/C account the amount
owing to you). Here is a bit of how it works:
Your Credit Card Chargeback Rights:
http://caag.state.ca.us/consumers/general/creditc.htm
If you live near Brooklyn, I really don't see any problem. However, if
you live over 100 miles away or out of state, it is at the discretion
of the bank as to what to do. Most banks will make the chargeback for
their customers and I really don't see why it would be any different
for you (yes, I would say 30 to 60 days).
If for some reason it doesn't work out, don't forget about the Citizen
Service Center.
Resolving complaints:
To file a Consumer Affairs complaint about mail- or phone-order
purchases from New York City-based firms, call the Citizen Service
Center at 3-1-1. Outside the five boroughs, call (212) NEW-YORK."
http://www.nyc.gov/html/dca/pdf/shopping_by_phone_or_mail.pdf
Internet orders really aren't that much different than ordering from a
catalog, they both take a bit of faith that the item ordered will meet
expectations and that the merchant will honor their stated guarantee.
Good luck! If you think of it, do let me know how it all turns out, ok?
hummer
|
Request for Answer Clarification by
tavo2-ga
on
05 Mar 2005 15:13 PST
Hi hummer-ga !
My card bank, after they investigated the transaction, gave me a
final, permanent credit. The merchant never contacted me, what a
bunch...! I send letters of complaint to the NY City Dept. of Consumer
Affairs and to the site where I had obtained the original info about
the merchant. There, they had been rating this merchant with 4-1/2
stars: "excellent". I suggested they derate that merchant !
Thanks again for your help !
tavo2
|
Clarification of Answer by
hummer-ga
on
06 Mar 2005 06:42 PST
Hi tavo2!
Thank you for the update and good news - I love happy endings. It's
also nice to hear that all of the credit card consumer protections put
in place actually work. I wonder what's with those merchants?
Hopefully they'll clean up their act sooner rather than later.
Take care,
hummer
|
