The Fair Credit Billing Act sets out protections for consumers using credit cards to pay for online purchases and can apply in cases where someone else uses your credit card fraudulently, when a merchant fails to deliver goods as promised, or when a credit card issuer improperly applies for payments.
The information presented here is a brief summary only and doesn't represent the totality of protection, rights or obligations set out in the Act. If you need further information regarding this Act or your rights and obligations, you should consult an attorney familiar with this area of law.
The Act applies to consumers holding credit cards issued by USA-based credit card companies (such as Bank of America, Pentagon Federal Credit Union, Discover, Barclays, State Employees’ Credit Union, Boeing Employees’ Credit Union, Chase Schools First Federal Credit Union, Citibank, Golden 1 Credit Union, U.S. Bancorp, and Wells Fargo to name a few) and sets out procedures and time constraints that must be followed when disputes arise regarding credit card transactions.
Unauthorized charges on non-USA-based credit cards held by non-USA-residents are not covered by the Act. Similar legislation may exist and govern non-USA-based credit cards. If you fall outside of the jurisdiction of the Act, you are urged to seek such legal advice as it may be appropriate to determine your rights and obligations when faced with unauthorized charges.
The Act imposes restrictions on creditors through procedural requirements when dealing with consumer billing complaints and investigation of billing errors by creditors. and prohibits creditors from taking actions that adversely affect the consumer's credit standing until an investigation is completed. The Act also affords relief for consumers engaged in dispute resolution, such as allowing consumers to withhold payment of a disputed amount during an investigation, etc.
An important feature of the Act is the limitation of liability to $50 in circumstances where a card was lost or stolen. Although most other disputes have to be initiated in writing, if an unauthorized user makes purchases of $50 or more, you can dispute charges by phone rather than in writing. The purchases may be unauthorized, display an incorrect date or amount, or contain calculation errors. If a good or service was not delivered, that charge can be a dispute
If an unauthorized user makes purchases with a card, the card holder's liabilities are limited to $50 (which issuers generally agree to pay). If you are required to pay the liability limit amount of $50, KinkyToy.Store reimburse you, up to the full $50.00. provided the unauthorized use of your credit card was through no fault of your own, the charges were for purchases made at KinkyToy.Store, and were processed by the KinkyToy.Store's.
If you have a dispute with a merchant regarding online transactions, you can ask the card issuer to withhold payment and for the issuer's help to resolve the dispute; (however, the Act doesn't require a disagreement be settled by the issuer).
In order to avail yourself of the rights and remedies provided by the Act, you must first approach the merchant first; the purchase must exceed $50 and have been made within 100 miles of the card holder's mailing address. You may also be required to notify your credit card provider in accordance with its reporting rules and procedures.