Disputing CC Charge/Mail Order Rule

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cerise
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Disputing CC Charge/Mail Order Rule

Post by cerise » Oct 21st 2002, 2:31 pm

I posted this in another topic a while back, but I thought I'd post it in a new topic for people who are concerned about being able to successfully dispute their credit card charges. I thought I'd outline the timeline as I see it for this order, and how the specific "Mail Order Rule" was violated. For a fulll Q&A on the mail order rule, see Timeline and Mail Order Rule--http://www.ftc.gov/bcp/conline/pubs/bus ... lorder.htm

Of course anyone is free to add to, or make comments on this timeline and this mail order rule; it was hastily thrown together and constitutes my understanding of it.

Timeline

1. Late February -- Announcement that deal has been set, Another universe set up, $20 down payment, estimated turnaround time given (3 months--mid to late May).

2. Email dated 3-26-02 -- Giving ship date as 6-18-02 and asking for permission to charge credit card in full for cost of set.

This means that (even being generous and giving them 50 days instead of 30), there should have been some kind of update before 8-7-02. Actually, more than an update. According to the rule, every person who placed an order should have been notified by fax, phone or email of the delay. If we are again generous and state that this would have been the first notification, a non reply to the email would have meant that you wanted to keep your order. However, again according to the rule, if you aren't contacted within the deadline the company is required to cancel the order and refund your money in full. Another universe probably meant for item #3 below to fulfill this notification requirement. Internet site updates do not count as notification, nor do forum postings.

2.a. Early April -- First Credit card charge.

2.b. April through August (for some, second charges, and third).

2.c. Mid June, generic receipt for charges arrives in mail.

First notification
3. September 6, 2002 -- Email announcing ship date of September 17th, with mid October given as dates for lunch box and bonus material.

This gives another universe until 10-26-02 to notify us again by email of the shipment delay. Again, if we receive no notification, another universe is required to cancel the order and refund in full. However, if they do send the email, a non reply after the second notification means that you expect your order to be cancelled and are due a full refund.

I am being generous to Another Universe here, against all reason. The "ship date" clock according to the rule as I read it starts when the order is placed (and that means when all information is received, not when the credit card is charged). That would mean that #2 would be our first delay notification, and #3 would be the second notice.

The full text of the mail order rule guidelines can be downloaded to a pdf file at the url listed above.

This guideline provided to your bank, along with texts of emails, should be enough for you to be able to successfully dispute any credit card charges.

There are also guidelines for what concerns an acceptable shipment (for example, if joe's cooking company says their product contains a spatula, but you get sent a wooden spoon, or nothing at all, without notification of the change and a chance to cancel the order, then the company is in violation of regulations).

Oy, this is long. I swear, all I wanted to do was watch My So-Called Life.

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Natasha (candygirl)
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Post by Natasha (candygirl) » Oct 21st 2002, 2:38 pm

If you add to that - I received the March 26 email and approved the balance to be charged to my card. Imagine my surprise when I received my statement at the end of the month and saw that I had already been charged for the balance on March 18.

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