Checklist for disputing Credit Card charges

[fnordboy]

Below you will find list of items that people included when successfully disputing the charges from Another Universe.

Feel free to add your own disputing experience. Please post what you did and what you had to send to your bank/CC company.

Please ONLY post your experience and items sent. This way people will not have to dig through conversational posts to get the important info.

Thanks.

[vapspwi]

My dispute was for a double+ ($115) charge on a Wachovia/Visa debit card. I initiated my dispute after the 120 day dispute limit had passed. I called the bank, who put me in touch with their debit card center. The first level customer service wouldn't do anything for me, so I asked to speak to the supervisor. The supervisor heard me out, and asked for written documentation of what I'd told him. I faxed him a 16 page letter with the following information:

1. 3 pages describing the product, and the timeline of events, including the intial announcement, all the charges on my card, and all the communication that I had with Another Universe. I also made my request for a refund in this section, citing the fraudulent behavior of Another Universe and the sheer number of problems that have been reported and not resolved. I'll include the text of the letter at the bottom of this post.

2. 1 page of internet references, including this forum, the interview with Jason at The Digital Bits, and the Another Universe MSCL website.

3. All the relevant e-mail traffic I've received regarding the set, with a header at the top of each message describing what's in each message. I included the initial announcement of the set, the notification of the Another Universe credit card problems, the problem submitted and problem processed auto-e-mails from the Dry Grass site, a followup to Mike at AU and his response to me, Ross' response to me after I answered his forum request for contact from overcharged customers, Jason's announcement that he was pulling out of the project, and my final commnication to Ross that was never replied to.

I was going to send statistics from the Dry Grass site, but I never got 'em from Jason, and then I got my refund from the bank (not even a dispute of the charge, but an outright refund) so I didn't need to pursue it any further. I referenced my IFCC complaint, and probably should have sent along a record of that, as well as Attorney General and any other complaints filed.

Hope this helps everybody. Here's the text of the timeline letter I wrote...

November 25th, 2002

Dear Mr. Collins,

My name is Jerry Ray, and my Visa debit card number is xxxx xxxx xxxx xxxx.

This letter is in response to our earlier phone conversation wherein I requested a chargeback on an overcharge on my Wachovia Visa debit card, despite the fact that over 120 days have elapsed since the charge was first posted. In this letter and the attached documents, I will document my dealings with Another Universe that led to the current situation.

In the early months of 2002, Jason Rosenfeld of Dry Grass Partners, LLC partnered with AnotherUniverse.com of Sacramento, CA to produce and distribute a DVD box set of the television series My So-Called Life. This box set was to include 5 DVDs with the 19 episodes of the series, an additional bonus DVD with cast and crew interviews, and a metal lunchbox to serve as the packaging for the set. On February 9th, 2002, Another Universe began accepting preorders for the set with a $20 deposit required.

On February 11th, 2002, I placed an order with Another Universe, order number xxxxxxxx, and my Visa debit card was charged the $20 deposit. The $79.98 balance was to be charged when the set was ready to ship, estimated to be June, 2002.

On March 14th, 2002, my Visa debit card was charged the $79.98 balance by Another Universe.

On March 26th, 2002, Another Universe sent out an e-mail stating that they were having difficulties with their credit card handling and could not keep their authorizations open for as long as was required for the production of the DVDs. Therefore, customers had the option of authorizing Another Universe to charge the balance, or to cancel their order. I granted Another Universe permission to charge me the balance, because my only other option was to cancel my order, which I did not want to do. (Note that I had already been charged the balance before I granted them permission for the charge.)

In June, 2002, the release date for the set was pushed back several months. The next projected release date was September, 2002.

On July 25th, 2002, my Visa debit card was charged an additional $115 by Another Universe. This was a completely unauthorized charge. The $115 amount was the cost of the DVD set after the preorder period had expired.

I discovered this charge when I received my August, 2002 Wachovia bank statement, and I submitted a customer service request to Another Universe through a website set up by Jason Rosenfeld of Dry Grass Partners, LLC. On August 27th, 2002, I received an automatically generated e-mail indicating that my request for a refund had been read and processed by a customer service agent of Another Universe named Mike McCulloch.

On September 22nd, 2002, after reviewing my September, 2002 Wachovia bank statement, I sent a follow-up e-mail to Mike McCulloch requesting information on the status of my refund request. On September 26th, 2002, he responded that my request had been forwarded to the accounting department, and that I should receive a credit shortly. In the meantime, the DVD release had been pushed back to October, 2002.

In early October, 2002, Ross Rojek, the CEO of Another Universe, posted a request on the My So-Called Life DVD discussion boards at http://www.mscl.com for everyone who had been overcharged to notify him, so that he could look into the matter personally.

On October 7th, 2002, I sent an e-mail to Ross Rojek summarizing my situation and requesting a refund, and received a response from him stating that he would look into the matter personally. In the meantime, amidst issues of non-payment from Another Universe to the various vendors that were manufacturing the DVDs and associated materials, the DVD release date was pushed back to November, 2002.

On October 21st, 2002, I received an e-mail from Jason Rosenfeld of Dry Grass Partners, LLC, indicating that he was pulling out of the project, and alleging fraud on the part of Ross Rojek and Another Universe. Rosenfeld continues to be involved in helping defrauded customers seek refunds from Another Universe, but has severed his business relationship with Another Universe. Rosenfeld filed a complaint against Another Universe with the FBI’s Internet Fraud Complaint Center (http://www.ifccfbi.org).

On October 25th, 2002, after reviewing my October, 2002 Wachovia bank statement and finding no refund, I sent a follow-up e-mail to Ross Rojek, recapping the situation and demanding a refund, or else I would file a complaint with the FBI’s Internet Fraud Complaint Center. Rojek did not respond to the e-mail, and I received no refund. On October 29th, 2002, I filed a complaint with the FBI’s Internet Fraud Complaint Center.

Meanwhile, people that cancelled their orders with Another Universe (who by this time was no longer the exclusive retailer of the DVD set after making a deal to allow the manufacturer of the set to sell the sets, without bonus materials, to Best Buy, Amazon.com, and other retail outlets) were having no better luck getting refunds on their cancelled orders than people who were double charged. There were suggestions made to customers by Another Universe customer support agents that disputing charges with their banks could lead to having their orders cancelled.

In early November, 2002, Another Universe shipped the first wave of DVD sets, and I received the 5-DVD set with the 19 episodes of the series. The bonus DVD and lunchbox packaging, however, have not shipped. I received the DVDs (without bonus materials) from Another Universe in mid-November, but I still consider my order unfulfilled until I receive the balance of the materials that are owed me.

Ross Rojek and others at Another Universe are now making statements like “I'm sorry your credit hasn't posted to your account yet. We have submitted quite a few refunds, but they only credit them as more funds become available in our merchant account.” This leads me to believe that the money that Another Universe acquired by double and triple charging customers, and by withholding refunds from customers who cancelled their orders, has been squandered, and that they are currently either unable or unwilling to refund the money that they have illegally obtained from their customers. As of November 4th, according to Jason Rosenfeld’s records from the Dry Grass Partners customer support site, 529 people had been double charged by Another Universe, and an additional 92 had been otherwise overcharged. Only about 12% of those people have received refunds. (I have a request in to Rosenfeld for updated documentation of the current situation.)

I am requesting a chargeback of the $115 overcharge, understanding that more than 120 days have elapsed since the charge. I hope that the extenuating circumstances, in the form of the grossly fraudulent behavior of Another Universe, will result in special consideration for this case. Please feel free to contact me by telephone at (xxx) xxx-xxxx or by e-mail at xxxx@xxx.xxxxxx.xxx if I can be of any assistance. Thank you.

Sincerely,
Jerry B. Ray, Jr.

[cool rider]

I just found out I got a credit from by bank, but it is temporary because they have to give AU 45 days to contest it. So technically I was successful on my side of the dispute, anyway, here is all the stuff I sent. I copied it right out of the letter, so the tense is kind of weird.

1. I have enclosed a copy of a BMG press release stating that http://www.anotheruniverse.com would be the exclusive retailer of the set
2. ...I got a written receipt, which I have enclosed a copy of. (this is the postal letter sent)
3. I have included a copy of my statement with the charge which is labeled The Comicstore.com (interestingly enough my credit card company supposedly couldn't see records this far back, so I sent along the statements just in case. I think it was more like they didnt want to bother looking it up)
4. Copy of the statement where I was doublecharged
5. I have enclosed a copy of the e-mail stating the release date as 9/17/02
6. I have enclosed a copy of http://www.amazon.com, which shows the box set for half the price. Amazon is one of the countless retailers that have the box set (to prove it is not exclusive anymore)
7. (I have enclosed an e-mail stating an employee of http://www.anotheruniverse.com has ‘taken my problem out of the queue’ and that my refund should post in 1-3 days. That e-mail was sent to me on 10/24/02
8. Copy of the un-cancel e-mail, just to sort of back up the fact that I was on the cancel list.
9. ...and the only response I have received was from Mike, which I have enclosed a copy of. The e-mail clearly states that I should “pursue whatever means you feel is necessary to protect my best interest.”
10. I sent the link to this forum, and I gave them a copy of my complaint with the IFCC just for the heck of it.
11. I dont have it listed, but I swear I sent in a copy of the http://www.anotheruniverse.com page that said the box was exclusive also.

If you want to see a copy of the letter I sent I can post that too, but it pretty much just lists dates.

[elwood]

This is why Clark Howard on his consumer radio show always calls a debit card with a MasterCard or Visa logo a "fake MasterCard" or "fake Visa" card. You simply do not have chargeback rights with a debit card, as you do with a real credit card. You are at the mercy of your bank, and how good they are settling such issues.

I know I have come here, often extolling the virtues of Clark Howard and his radio show and website. I do this cause the man knows his s**t. His website is a good reference tool for all things consumer related.

His thoughts on debit cards follow. The final sentence on companies in financial trouble definitely fits AnotherUniverse.

"There has also been an increase in the use of debit cards - or as Clark calls them fake Visa and Mastercards. Companies are happy to report that in the first half of this year more debit card transactions took place than credit card ones. Clark hates these cards because although they are convenient, if they are stolen the thief finds it just as convenient to instantly and easily raid your checking account. You also have no charge-back rights on purchases. As he feels he is losing the battle to stop people using them he warns that you must never ever use them for products and services you’ll get in the future. If you don’t get the goods the people you bought them from have got your money and little incentive to pay it back, especially if they are in financial trouble."

Clark Howard: Tips on Credit Cards
ClarkHoward.com

[Jason R]

I didn't realize you needed the stats for the dispute. I will see if we can set up a stats page that shows ONLY the current stats, and make it a permanent link here. Again, sorry, I didn't realize you needed something more than what was posted here, but we should be able to allow people to have a peek at just the statistics, and not the personal data.

I was going to send statistics from the Dry Grass site, but I never got 'em from Jason, and then I got my refund from the bank (not even a dispute of the charge, but an outright refund) so I didn't need to pursue it any further. I referenced my IFCC complaint, and probably should have sent along a record of that, as well as Attorney General and any other complaints filed.