Consumer complaint received 2021-12-21
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: JPMORGAN CHASE & CO. (NY)

On XX/XX/2021 my credit card was illegally used without my permission at Dior Events for {$6700.00}. The following day, XX/XX/2021 the same credit card was charged {$3300.00} at XXXX XXXX. Lastly, the same credit card was charged {$63.00} at XXXX on XX/XX/2021 also without my consent. I notified Chase Bank a few weeks after the transactions happened and let them know that I was out of the country when the transactions occurred and did not authorize them. Chase submitted a fraud claim and returned the funds to me, then proceeded to reverse the credit that was extended back to me from the fraudulent charge reversal and told me that i was responsible for the payments. I told the rep on the phone that I would need an explanation as to how they were able to justify that i was responsible for the charges but was told that they could not disclose anything to me.

Pursuant to 15 U.S. Code 1643.Liability of holder of credit card : ( 1 ) A cardholder shall be liable for the unauthorized use of a credit card only if ( A ) the card is an accepted credit card ; ( B ) the liability is not in excess of {$50.00} ; ( C ) the card issuer gives adequate notice to the cardholder of the potential liability ; ( D ) the card issuer has provided the cardholder with a description of a means by which the card issuer may be notified of loss or theft of the card, which description may be provid
ed on the face or reverse side of the statement required by section 1637 ( b ) of this title or on a separate notice accompanying such statement ; ( E ) the unauthorized use occurs before the card issuer has been notified that an unauthorized use of the credit card has occurred or may occur as the result of loss, theft, or otherwise ; and ( F ) the card issuer has provided a method whereby the user of such card can be identified as the person authorized to use it.

( 2 ) For purposes of this section, a card issuer has been notified when such steps as may be reasonably required in the ordinary course of business to provide the card issuer with the pertinent information have been taken, whether or not any particular officer, employee, or agent of the card issuer does in fact receive such information. 
( b ) Burden of proof In any action by a card issuer to enforce liability for the use of a credit card, the burden of proof is upon the card issuer to show that the use was authorized or, if the use was unauthorized, then the burden of proof is upon the card issuer to show that the conditions of liability for the unauthorized use of a credit card, as set forth in subsection ( a ), have been met. 

( c ) Liability imposed by other laws or by agreement with issuer Nothing in this section imposes liability upon a cardholder for the unauthorized use of a credit card in excess of his liability for such use under other applicable law or under any agreement with the card issuer. 

( d ) Exclusiveness of liability Except as provided in this section, a cardholder incurs no liability from the unauthorized use of a credit card.