Credit Card Chargebacks: Your Secret Weapon in Merchant Disputes

The Chargeback

By Matt Brownell


Credit cards provide great protection against fraudulent charges, and some can even bag you great cash-back rewards. But perhaps the best thing about paying for your purchases with a credit card is that in the event of a dispute with a merchant, it provides the ultimate ace up your sleeve: the chargeback.

If you didn't receive the goods you ordered or you feel otherwise wronged by the transaction, a chargeback gives you a refund when the retailer won't. The issuer will investigate your claim against the merchant and, if it finds it meritorious, will remove the funds from the merchant's account and put it in yours. Think of your issuer as your tough older brother, setting things right against the bully that's been stealing your lunch money.

Of course, that doesn't mean you can (or should) go disputing charge in pursuit of a chargeback anytime a retailer does you wrong. If a product proves defective or never arrives on your doorstep, your first stop should be traditional channels – that is, the retailer's customer service desk or phone number. It's only when the merchant doesn't make with the refund that you should bring in the big guns and call up the issuing bank. (Your issuer should have clear instructions for formally disputing a charge, with options including a phone call, written letter or online form.)

And before you do so, note that not every situation qualifies for a chargeback. The Fair Credit Billing Act, the federal law that dictates how credit card fraud and billing disputes are handled, defines a number of situations as billing errors, including "goods or services not accepted by the obligor or his designee or not delivered to the obligor or his designee in accordance with the agreement made at the time of a transaction." In other words, if you order a product and it never arrives – or if you refuse delivery because it's not the product you expected or because it's damaged – you're entitled to your money back.

By contrast, simply disliking the product you received isn't grounds for a chargeback – as the National Consumer Law Center notes in its guide to credit card rights, "You cannot raise a complaint about the quality of merchandise or services you bought with a credit card in the form of a billing dispute." While being disappointed with the quality of your new toy will usually be covered under the retailer's return policy, it's not grounds for getting your bank involved.

So long as the issuer is in compliance with federal law, it's free to set its own procedures for how to handle these disputes. Take, for instance, the timeframe in which cardholders must contact their issuers, which is set by the FCBA at a minimum of 60 days. A spokesperson for MasterCard says that the issuing financial institutions in its network have discretion to offer a longer timeframe as they see fit, and that most of them offer a 120-day window to dispute a charge. The spokesperson also says that the bank can ask for documentation to support the cardholder's claim, including "sales slips, contracts, invoices and other types of documentation that will help the issuer fully inform the merchant about the nature of the dispute in non-fraud disputes." So don't dispute a charge unless you have some evidence to back up your claim.

Finally, it's worth noting that banks may go above and beyond the general dispute resolution guidelines set by the issuing network. A spokesman for Chase, for instance, explains that "in cases where Chase is not able to process a chargeback from a merchant, we may, on occasion, provide a courtesy credit to our customers," at a loss to the bank.

All of this makes chargebacks a potent tool in the consumer's arsenal, to the point that the mere threat of going to your bank and requesting a chargeback may be enough to resolve the dispute in your favor. But if the retailer still doesn't blink, don't hesitate to follow through and take advantage of this key consumer protection.

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23 Comments

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Ruaidhrí

So what you are saying is fraudulently advise your bank or credit institution that you did not make a purchase or it wasn't what you ordered instead of actually resolving the issue with the merchant or perhaps performing proper research before making a purchase. Chargebacks where a service has been provided or indeed where the buyer has received the goods but is not happy with either is fraud. Consumers should treat online payments like a regular purchase.

February 19 2013 at 7:13 AM Report abuse rate up rate down Reply
gerrybokas

"...anytime a retailer does you wrong". This should read "any time...." Two separate words. Common mistake, but something that should be caught in a publication.

August 01 2012 at 1:02 PM Report abuse rate up rate down Reply
suprg1969

You want some more fairy tails then why don't you try getting your insurance company to pay a claim, like on your home or car when you carry full coverage and they refuse to pay. Sue them like we did. Don't take any low ball offers from insurance companies just sue them then make sure to sue them again in a seperate lawsuit called a bad faith lawsuit for all damages they caused by their fraudulant refusal to pay your claim in te first place. Insurers who loose in court must pay all court cost and attroeny fees plus compensatory damages in all most every state, so its well worth the hassle and it sends a message that wrongly denying claims will not be tollorated.

August 01 2012 at 12:20 PM Report abuse rate up rate down Reply
suprg1969

Wrong it is very difficault to get your money back. To many scammers were lying about not getting their purchases and frankly credit card issuers and banks don't want to mess with it and are lazy.

August 01 2012 at 12:15 PM Report abuse rate up rate down Reply
thosholzel

The problem is if you have a credit/debit card, all in one. Then, invariably, the transaction will accrue to the Debit card--which has no charge-back feature. One solution--get a credit card only from one supplier (e.g., MasterCard) and a separate debit card (e.g., Visa) from your bank.

August 01 2012 at 11:58 AM Report abuse rate up rate down Reply
Euskalduna

From the comments I have read, I realize that many people are cheaters and will be unethical with their claims. However, my experience with chargebacks has been very satisfying. When a product is not delivered and efforts are made to find out what the problem is with the merchant and all I get is a difficult process that does not respond to my "where is it?", I will follow through with my credit card issuer. Caution: be prepared to dispute the charge with plenty of documentation to back up your claim. This will facilitate the issuer's job. Thanks for encouraging people to use their right to dispute a charge. Merchants who get burned should not accept cards. Most of the time they build fraud into their prices and that is one reason why everything is so darn expensive. No trust .....

August 01 2012 at 9:17 AM Report abuse rate up rate down Reply
Paul Farber

As if things in this country aren't screwed up enough. Now you are encouraging people to use chargebacks on their credit cards. Of course, there are many people who won't do it abusively. But in a down economy, you can bet there will be a marked increase in the incidence of chargebacks by people who figure they have little or nothing to lose, and lot's to gain by "creating" circumstances, or embellishing an otherwise benign situation. Business cannot flourish in a litigious society, so they raise prices on the good people to offset losses from the bad. Articles like this one hurt more than help, because they give unscrupulous consumers new ideas how to defraud legitimate merchants.

August 01 2012 at 8:46 AM Report abuse -1 rate up rate down Reply
randylandusa

As a merchant, this is often abused.

I can show the customer ordered the item and recieved it by showing a tracking number. The customer/thief will still get his money back and I am out the item, payment, and charged an additional fee for the dispute.

Does that sound fair to the merchant? NO

August 01 2012 at 8:12 AM Report abuse +3 rate up rate down Reply
1 reply to randylandusa's comment
Bob Kluver

This has happened to me several times as a merchant. The customer says he/she doesn't recognize a charge. They dispute it. The CC Company makes the merchant jump through hoops to prove the order was placed and tracking info to support delivery and sometimes even with a signature by the cc holder. The bank will still issue the charge back and refund the thief/customer. This is BS and is a legal way for credit card holders to rob merchants. This article encourges it.

I once had a credit card holder dispute a charge for over 2 thousand dollars. They said they didn't order the products and never received the items. This was 30 days later. AMEX removed the money from my bank account and sent paperwork to me to dispute the chargeback. I provided all proof, including phone records and copies of the signature from UPS. About 30 days later AMEX refunded my account for the chargeback. I had won the dispute, or so I thought.

About 2 months later, AMEX removed the money from my account again. They sent a letter stating the reversed there decission in favor of the credit card holder and I could no longer dispute the chargeback.

Here is what I believed happened.

I believe AMEX redeposited the money into my account and recharged the credit card holders credit card. I believe the credit card holder refused to Pay American Express. I believe AMEX decided they weren't going to eat the 2 thousand dollars and just went ahead and took the money out of my account with the excuse they decided the chargeback in the CC holders behalf.

I think the CC companies are thieves as well. Who is to say they don't do charge backs to merchants when the credit card holder goes into default and is not paying there credit card bill, that the credit card company won't just charge the merchant a charge back on items the credit card holder purchased online to recoup there money since the cc holder isn't paying there cc bill.

I believe they do it and get away with it. Its all a racket! The merchant is always the one left holding the bag. Problem is, you can't do business if you don't take credit cards!

November 15 2012 at 10:03 AM Report abuse rate up rate down Reply
cxexe

This a tool for jerk customers who want to get a freebie over some tiny complaint.

August 01 2012 at 6:15 AM Report abuse +2 rate up rate down Reply
1 reply to cxexe's comment
CherMoeLin

Not really. Most people don't like the hassle of trying to go through a series of "customer service" calls and be put on hold constantly and all the bull that you go through just trying to talk to a real live breathing person. I've had to dispute 1 or 2 charges, and part of the problem is the internet. You make a purchase, and if you don't watch carefully, all of a sudden you've got a magazine showing up at your house that costs $50.00 a year "for shipping costs" or some baloney. There were several other very unexplainable charges. My daughter once got her credit card number "stolen" from ordering a pizza over the phone and using her credit card number. That was the only thing we could attribute it to. The person who took that order then started charging up a bunch of stuff on her card on the internet, etc. We had to immediately shut the account down.

August 01 2012 at 10:10 AM Report abuse rate up rate down Reply
cblaha1219

THis is so out of date. Today they don't take your word for it. I have had very few cases open, and the most recent one showed me the changes in handling and I wasn't happy. CC Co's call it "friendly fraud" and card co's are more assertive in telling card holders to provide documentation. Best advice-- keep records. Build a case... and use one CC where they know your history. You get a new card and start screaming fraud-- you are gonna get a yawn and a big hoop to jump thru. I think Discover is best, once they know you, they are excellent in supporting you.

August 01 2012 at 2:07 AM Report abuse rate up rate down Reply