Is unauthorized credit card use by businesses punishable by law?
A few days ago, a company that I do business with charged my credit card $250 withouth my permission. They have asked me in the past if I want to keep my card on file and I have told them no. Is this offense punishable by law? If so, what can I say to them to let them know that I mean business?
Answers:
Yes, it is against the law and there are ways to exercise your rights. You have rights under Federal Law and likely the law of the state you live in. These are generally known as chargeback rights. You take the dispute to the credit card company and they have to investigate and if there was a bad charge on your card they cannot charge you for it. You can tell the company you are going to exercise the chargeback rights with your credit card company. Then, if that doesn't work just call your credit card company and say you are disputing a charge. There are time frames you have to do this in, so do it as soon as possible.
Yeah. It sounds like fraud.
Contact your states DA and request that they be charged for fraud! Make sure you send a copy of the DA's letter to that business. I guess foxhounds next 5000 in rebates were worth just as much as the first 1000 in rebates! Lesson to be learned don't waste your time send them one letter and if they fail to respond go to the DA immediately!
It sounds like you still want to business with them. But even if you didn't and just want to punish them you wouldn't need to call the state DA or anything. Well you would at some point if it's a major corporation but that wouldn't be the first step.
You tell them that you will file a police report if it happens again. You would simply file a report for unauthorized use or credit card fraud. Now they would have every excuse in the book. But unless they can produce written authorization for that specific charge or can show that you did so verbally it does not matter what they say. The police will take care of the criminal part.
With that you could stop payment for the charge with your credit card company. Then if you wish you can contact the state DA.
I once had an issue for $1000 in rebates from Best Buy. I did not get them so after 5 months I called. They kept telling me that it was my fault even though I had copies of everything. They kept telling me it was my post office over and over during a week of calling. Finaly I eventually got hold of someone who they looked up the codes (they keep records) and they said they had not been used. So I said fine. just reissue them.
I waited 4 months and said again that I did not recieve them. After the same old rigamorole as the first ime they said "no they have not been cashed". They could only do a reissue once but they could give me the codes and I could use them at the store without an actual card. At the store I asked the head manager if it would be a problem doing it this way as I didn't want to have issues at checkout. He had to call his boss but he said it would be fine. I get in checkout AND THE CODES ARE INVALID and of course nothing can be done in the store.
I went back to calling and finally reached a senior person. They flatly told be that there was absolutly nothing I could do to recieve my $1000 even though I had proof. I called the state DA. The next day they called and had me fax my stuff. 3 DAYS. YES THREE DAYS later I recieved a FedEx with a letter of apology and rebates for $5000 dollars for my trouble.
Sorry about the novel. In you case the threat of criminal charges should be enough. But as far as the DA thing goes if they can achieve that with a major corporation imagine what would happen with a smaller one. And oh yea.... before you do anything check with the Better Business people. I was surprised at how many people actually register complaints.
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