Consumer complaint received 2019-02-20
Company: AMERICAN EXPRESS COMPANY
State: NY
Product: Credit card or prepaid card
Sub-product: General-purpose prepaid card
Issue: Problem with a purchase or transfer
Sub-issue: Card company isn't resolving a dispute about a purchase or transfer

Complaint:
After many phone calls to XXXX XXXX they refuse to answer the phone on a Charge that i never sign or had any dealings with! From a Merchant with no consent nor was any card swipe or used!!!!  THIS MERCHANT STOLE FUNDS MY ACCOUNT CALLED XXXX XXXX XXXX  XXXX XXXX XXXX, XXXX, NY Transportation Edit - $ XXXX-Under the FCBA, your liability for unauthorized use of your credit card tops out at {$50.00}. However, if you report the loss before your credit card is used, the FCBA says you are not responsible for any charges you didnt authorize. If your credit card number is stolen, but not the card, you are not liable for unauthorized use.If your credit, ATM, or debit card is lost or stolen, federal law limits your liability for unauthorized charges. The XXXX XXXX place a fake charge on the account. But Why??? Credit Card Loss or Fraudulent Charges Under the FCBA, your liability for unauthorized use of your credit card tops out at {$50.00}. However, if you report the loss before your credit card is used, the FCBA says you are not responsible for any charges you didnt authorize. If your credit card number is stolen, but not the card, you are not liable for unauthorized use.If you report an ATM or debit card missing before someone uses it, the EFTA says you are not responsible for any unauthorized transactions. If someone uses your ATM or debit card before you  report it lost or stolen, your liability depends on how quickly you report it : The liable for those transactions are XXXX XXXX XXXX  XXXX XXXX XXXX, XXXX, NY not so superior! 
Please Note : Most fraud prevention features are designed for card-present environments. Visa, for example, has deployed a number of anti-fraud measures designed to make card reproduction extremely difficult, including holograms and embossed security characters on the face of the card. Moreover, the signature and magnetic strip on the back of the card are designed to ensure that the person using the card is the actual cardholder. Merchants are not liable for fraud when card-present transactions are properly authenticated. 
Online platforms, however, typically facilitate card-not-present transactions ( card payments made without physically swiping a card ). On a website, buyers enter credit card data into a form they do not hand their card to a cashier. Unfortunately, card-not-present transactions are highly susceptible to fraud and abuse, for which merchants and payment facilitators are held liable. 
Chargebacks. 
When a cardholder disputes a charge with their bank ( the issuing bank ), the bank may reverse the payment and refund the cardholder, after an investigation. This is called a chargeback. 
Cardholders are protected from the financial liability of unauthorized credit card transactions by Regulation Z of the Truth in Lending Act and unauthorized debit card transactions by Regulation E of  the Electronic Fund Transfer Act. Card Associations have even broader rules with further added protections. When fraudulent transactions do occur, a well-defined chain of liability determines who is ultimately responsible for making restitution to the cardholder. Payment facilitators must recover chargebacks from merchants who generate them, or else write off the full amount of the chargeback as a loss. 
For chargebacks resulting from card-not-present transactions, the issuing bank recovers the funds from the merchants bank ( the acquiring bank ), and the acquiring bank recovers the funds from the merchant. 
Since most chargebacks are received weeks or months after the original payment, it is sometimes difficult to recover the funds from the merchant. This is why acquirers are so conservative in their underwriting : an acquirer will typically research the financial stability, creditworthiness, and underlying riskiness of a business ; it will implement special funding policies ( such as reserves or holdbacks ) to  mitigate loss ; and it will require personal guarantees from business owners, whom it will hold personally liable for the businesss financial obligations. 
Consumer Protections Available Regulation Z The Truth in Lending Act ( TILA ), as implemented by Regulation Z, provides a billing error dispute process for open-end credit, such as credit cards. In order to take advantage of the protections offered by Regulation Z, you must notify the lender of any billing errors by : providing the notice in writing, enabling the lender to identify your name and account number, stating why you believe there is a billing error, including the type, date, and amount of the error, and sending the notice in a timely manner so that the lender receives it, at the address specified for billing inquiries, no later than 60 days after the lender sent the first billing statement reflecting the error. 
Once you properly notify the lender about an error on your statement, it must acknowledge that it received this notification within 30 days, unless the problem has been resolved. The lender must investigate and resolve the issue within two complete billing cycles ( but in no event later than 90 days ) after receiving the billing error notice.

While the lender conducts its investigation into the billing error : You may withhold payment of the disputed amount and related charges ( but any part of the bill not in question, including finance charges on undisputed amounts must be paid in accordance with account terms ).

The lender may not take legal or collection action on the disputed amount.

The lender may not report your account as delinquent, accelerate your debt, restrict your account, or close your account.

If the lender confirms there is a billing error on your account, it must send you a written explanation of the corrections made to your account. In addition to crediting your account for the disputed amount, the lender must also remove all finance charges, late fees, or other charges related to the error. If the investigation reveals no error occurred, it must send you a written explanation of the amount you owe, and you are responsible for paying the disputed amount, plus any finance charges that accumulated during the investigation. 
You may request copies of relevant documents used in the lenders investigation. If you disagree with the results of the investigation, you may write to the lender within 10 days after receiving the explanation, and you may indicate that you refuse to pay the disputed amount. The lender may begin collection procedures and may report your account as delinquent to credit reporting agencies, but it must also note that you disagree with the amount owed.

In addition to the consumer protections associated with billing errors, Regulation Z also contains special credit card provisions that limit your liability for unauthorized use of a credit card. A credit card holders liability is limited to {$50.00} for unauthorized use before the cardholder notifies the card issuer. Notification may be given in person, by telephone, or in writing.

Regulation E The Electronic Fund Transfer Act ( EFTA ), as implemented by Regulation E, provides basic protections for consumers with electronic direct deposits or who use debit cards to access their deposit account held directly or indirectly at a bank. These protections include timeframes by which a bank must investigate and determine whether an error occurred when you notify your bank of an error and, in some cases, requirements to provide provisional credit while the investigation is performed. 
For example, if you notify your bank of a potential account error, Regulation E requires a bank to investigate and determine whether an error occurred within 10 business days of receiving your notice ( or 20 business days for new accounts ). If a bank is unable to complete its investigation within the appropriate timeframe, it may take up to 45 days to determine whether an error occurred. But in these cases, banks must generally provide consumers with a provisional credit to their account within 10 days of the bank receiving the error notice. Also, banks must notify consumers about the provisional credit within two days of providing the credit.

Some banks may require you to submit an error notice in writing after you provide notice orally. If the bank does not receive written confirmation within 10 business days of receiving the initial notice of an error, the bank is not required to provide provisional credit. The time period for the investigation may be extended to 90 days if the error involved an electronic transfer initiated outside of the United States, a point-of-sale debit card transaction, or a transaction involving a new account within 30 days of being opened.

If the bank determines there is an error on your account, it must correct the error within one business day after confirming it and report the results to you within three business days after completing its investigation ( including, if applicable, notice that a provisional credit has been made final ).

If a bank determines that no error occurred or that an error occurred in a manner or amount different from that described in your notice, the bank must send a written explanation of its findings and note your right to request the documents the bank relied on for its investigation. When the bank debits the funds provisionally credited to your account during the investigation, it must provide you with the date and amount debited. In addition, the bank must inform you that it will honor checks, drafts, or similar instruments payable to third parties and preauthorized transfers from your account ( without charge as a result of an overdraft ) for five business days after the notification.

Disputing a Credit Card Billing Error Many credit card issuers have policies against sellers charging a credit card account before shipment. If you think a seller charged your account too soon, report it to the credit card issuer. Otherwise, the issuer has no way to know the seller isnt following its policies.

To dispute the billing error with your credit card issuer, you must : write to the credit card issuer 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. Use our sample letter.

send your letter so that it reaches the credit card issuer within 60 days after the first bill with the error was mailed to you. Its a good idea to send your letter by certified mail ; ask for a return receipt 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.

The credit card issuer must acknowledge your complaint, in writing, within 30 days after receiving it, unless the problem has been resolved. The issuer must resolve the dispute within two billing cycles ( but not more than 90 days ) after getting your letter.

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 credit card issuer 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 cant be closed or restricted, the disputed amount can be applied against your credit limit.

But what if 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 may be outside of the time to dispute the charges. Can you still dispute the charge?

Maybe. When a shipment is delayed, credit card issuers often are more generous when they calculate the time for allowing disputes, and may extend the 60-day period. To take advantage of this flexibility, include the following information in your dispute letter.

Tell the credit card issuer if you didnt expect to be charged for the merchandise before it was shipped. Some credit card issuers make an exception to the general industry rule against sellers charging before shipping if the seller tells you about its practice at the time of sale. If youre sure the seller said nothing or wasnt 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. Some issuers 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 card issuer will honor the dispute. When you order or when a seller notifies you of delayed shipment, its 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 card issuer.

Disputing a Debit Card Charge The consumer protections for a debit card differ from protections for a credit card. You may not be able to dispute a debit and get a refund for non-delivery or late delivery. Still, some debit card issuers may voluntarily offer protections and solutions to problems like not getting merchandise you bought with a debit card. See our sample letter, and contact your debit card issuer for more information.

Your Rights When Shopping by Phone, Mail or Online The Mail, Internet, or Telephone Order Merchandise Rule applies to most goods you order by mail, phone, fax, or online. It requires sellers to have a reasonable basis for claiming they can ship an order within a certain time and details what sellers should do if there is a delay.

Ship Dates By law, a seller should ship your order within the time stated in its ads or over the phone. If the seller doesnt promise a time, you can expect it to ship your order within 30 days.

The shipment clock begins when the seller receives a properly completed order. That includes your name, address and payment ( check, money order or authorization to charge an existing credit account whether the account is charged at that time or not ).

If the seller doesnt promise a shipping time, and you are applying for credit to pay for your purchase, the seller has an additional 20 days ( 50 days total ) to establish the account and ship the merchandise.

Delays If the seller is unable to ship within the promised time, it must notify you, give a revised shipping date and give you the chance to cancel for a full refund or accept the new shipping date. The seller also must give you some way to exercise the cancellation option for free for example, by supplying a prepaid reply card or staffing a toll-free telephone number.

If you dont respond and the delay is 30 days or less its assumed that you accept the delay and are willing to wait for the merchandise.

If you dont respond and the delay is more than 30 days the order must be canceled by the 30th day of the delay period and a full refund issued promptly.

If the seller cant meet the revised shipping date, it must notify you again by mail, email or telephone and give you a new shipping date or cancel your order and give you a refund.

The order should be canceled and a refund issued promptly unless you indicate by the revised shipping date that you are willing to wait.

If you dont respond to the second notice, the seller should assume that you are not willing to wait issue a full refund promptly.

Refunds If you pay by cash, check or money order, or a non-seller credit card, the seller must give you a refund within seven working days after the order is canceled.

If you pay by credit card where the seller is the card issuer, the seller must credit your account within one billing cycle after the order is canceled.

Shopping Tips Follow these tips for hassle-free shopping.

Consider your experience with the company or its general reputation before you order. If youve never heard of the seller, enter its name in a search engine with words like complaint or scam, and read about other peoples experiences with the company. In addition, contact your state Attorney General, and local consumer protection agency to see if any complaints are on file.

Check out the companys refund and return policies, the items availability, and the total cost of your purchase before you place your order.

Get a shipment date.

Keep records of your order, like the website, ad or catalog from which you ordered ; the companys name, address and phone number ; any promises the company made about shipping and when they were made ; the date of your order ; and a copy of the order form you sent to the company. If youre ordering by phone, keep a list of the items, 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 sellers return policies, in case youre not satisfied.Complaints help the FTC and other law enforcement agencies bring scam artists to justice and put an end to unfair and misleading business practices. If you have a complaint, file it online or call XXXX. 
Credit Cards, Personal Finance At XXXX, we adhere to strict standards of editorial integrity to help you make decisions with confidence. Many or all of the products featured here are from our partners. Heres how we make money. 

If you see a purchase on your credit card statement that you didnt make, be sure to correct the mistake right away. It could be a simple mistake like a double swipe of your card, for example or it could be someone trying to make a little extra money off of a restaurant bill. Heres how to fix a mistake on your statement, and to make sure youre safe. 
1. Talk to the merchant Before you get yourself involved in a lengthy formal dispute, speak with the merchant. Bring your receipt and credit card statement, and take the time to explain the discrepancy. The merchant may clear up the mistake without having to involve the credit card company. If not, take your complaint to the next level. 
2. Prepare your paperwork While the error on your statement might seem obvious to you, you still need to make a strong case. Keep a record of the receipts, credit card statement and anything else that can add to the paper trail. Errors to look out for include : Returns that didnt lead to a credit on your statement.

Erroneous dates.

Bills sent to the wrong address ( so long as youve notified your creditor of your address change within 20 days ).

Mathematical errors. 
And, of course, charges for purchases you didnt make. 

Gather any relevant receipts and documents supporting your claims and make copies. Keep the originals for your records, and gather the copies for your creditor. 

Remember : Never give your account information to someone you dont know, and avoid emailing sensitive data like your account number or Social Security number. Also, never give your information when a caller claims to represent your bank or card issuer. Instead, say youll call back, then call the customer service number listed on the banks website or the back of your card. Dont fall victim to a scam! 
Write to your creditor Within 60 days of receiving the bill in question, send a letter outlining your objection and copies of your proof in an envelope addressed to your creditors department for billing inquiries. To be on the safe side, send the letter by certified mail, so you receive a receipt when it arrives at your creditors headquarters. Save the receipt proving they received your dispute with the other documents youre using to make your case. 

You can also choose to dispute electronically, if the creditors website allows for that. Save any emails you get in return saying your dispute was received. 
Final stretch : waiting for a response You creditor is required to respond within 30 days of your complaint, and the dispute must be resolved within 90 days, or two billing cycles.

In the meantime, you dont have to pay for the purchase in question, you must only pay for everything else on your statement. However, keep in mind that if your creditor finds your evidence insufficient, youll have to pay for the purchase in question, plus any interest that has accrued since. 

If your creditor accepts your claim, all charges related to the error will be removed from your statement. If it does not accept your claim, it has to explain to you in writing exactly why the mistake is in fact a not a mistake, and youll have 10 days to challenge that conclusion.

Company response to consumer: Closed with explanation