Billed for
Merchandise You Never Received?
Here's What To Do.
Scenario # 1
|
You found the perfect set
of dishes in a mail order catalog. You call to place
your order and charge it to your credit card. You're
told that your dishes should arrive in two weeks.
Two
weeks go by, then three and four, and still no dishes.
What you do get is your credit card bill with a charge
from the catalog company.
So, just what do you do when you get a credit card bill
but no merchandise? Get frustrated, to be sure.
What you should do
In the United States The Fair Credit Billing Act (FCBA)
and the Mail or Telephone Order Merchandise Rule offer
protections and procedures for consumers so they don't
have to pay for merchandise they ordered but never
received.
In addition, many credit card issuers have policies
against merchants charging a credit card account
before shipment. If you think a merchant charged your
account prematurely, report it to the credit card
issuer. Otherwise, the credit card issuer has no way to
know that the merchant is not complying with its
policies.
How To Dispute A
Billing Error On Your Credit Card
-
Write to the credit
card issuer at the address for "billing
inquiries," not the address for sending your
payments (the address for billing inquiries is often
found on the back of your most recent monthly
statement); include your name, address, account
number and a description of the billing error.
-
Send your letter so
that it reaches the credit card issuer 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 credit card issuer received.
Include copies (not originals) of sales slips or
other documents that support your position. Keep a
copy of your dispute letter.
It is important to send the
letter to the correct company. In the case of Visa and
MasterCard, you should send it to the bank that issued
the card.
The credit card issuer must acknowledge your complaint
in writing within 30 days after receiving it, unless the
problem has already been resolved. And the credit card
issuer must resolve the dispute within two billing
cycles (but not more than 90 days) after receiving your
letter.
What happens while your bill is in dispute?
The FTC
advises that you may withhold payment on the disputed
amount (and related charges), during the investigation,
but you must pay any part of the bill not in question,
including any finance charges on the undisputed amount.
The credit card issuer may not take any legal or other
action to collect the disputed amount and the 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.
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Scenario
#2
You placed an order with a catalog company and they
charged your credit card immediately. The catalog
company contacts you two weeks later and says the
shipment will be delayed 60 days. You agree to the
delay. The 60 days have passed and you don't have the
merchandise. Can you still dispute the charge?
Maybe. In delayed shipment situations, credit card
issuers often are more generous when they calculate the
time for allowing disputes. To take advantage of this
flexibility, include the following information in your
dispute letter.
What you should do
-
Tell the credit card
issuer if the premature charge was unexpected. Some
credit card issuers make an exception to the general
industry rule against merchants charging before
shipping if the merchant tells you about its
practice at the time of sale. If you're certain the
merchant said nothing or wasn't clear about its
charge practice, the credit card issuer is more
likely to allow the dispute.
-
Tell the credit card
issuer when delivery was expected. In no delivery
situations, some credit card issuers will use the
expected date of delivery rather than the charge
date as the start time for you to dispute charges.
If you dispute the charge within a reasonable time
after the expected delivery date passes, chances are
good that the credit card issuer will honor the
dispute. When you order or when a merchant notifies
you of delayed shipment, it's important to keep a
record of the promised shipment or delivery date.
Include a copy of any documentation of the shipment
or delivery date when disputing the charge with your
credit card issuer.
What if you used a
debit card to pay for the merchandise?
The consumer protections
for a debit card fall under the Electronic Fund Transfer
Act and may differ from protections for a credit card.
You should contact your
financial institution immediately if you believe that
the electronic fund transfer reported on your account
statement was not properly authorized or is otherwise
incorrect.
Consumers have protections
under a Federal law called the Electronic Fund Transfer
Act for an unauthorized or incorrect electronic fund
transfer.
Still, some debit card
issuers voluntarily offer protections and solutions to
problems like the failure to receive merchandise bought
with a debit card. Contact your debit card issuer for
more information about particular policies and
protections.
Tips for Shopping by Phone, Mail or Online
-
Consider your
experience with the company or its general
reputation before you order. If you've never heard
of the seller, check on its physical location and
reputation with the local Better Business Bureau.
-
Ask about the company's
refund and return policies, the product's
availability and the total cost of your order before
you place your order.
-
Get a shipment date.
-
Keep records of your
order, such as the ad or catalog from which you
ordered; the company's name, address and phone
number; any shipment representation the company made
to you and when it made it; the date of your order;
a copy of the order form you sent to the company or,
if you're ordering by phone, a list of the items and
their stock codes and the order confirmation code;
your canceled check or the charge or debit statement
showing the charge for your order; and any
communications to or from the company.
-
Track your purchases.
When you order online, keep printouts of the web
pages with the details of the transaction, including
the merchant's return policies, in case you're not
satisfied.
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