Key Takeaways
- Under the Fair Credit Billing Act, consumers must dispute unauthorized charges in writing within 60 days of the statement date when the charge first appeared and the dispute must be sent to the credit card company’s official Billing Dispute address.
- Strengthen your case by including police reports, affidavits, proof of location, and other concrete evidence, and always submit disputes via trackable means while keeping copies of everything you send.
- Even if you’ve missed the 60-day Fair Credit Billing Act deadline, other legal remedies may still be available under Section 1643 of the Truth In Lending Act, which does not contain the same time limitation. Additionally, the 60-day clock restarts when provisional credits are reversed, though credit card companies often fail to account for this.
- Submitting a proper and detailed dispute not only improves the odds of a successful dispute, but also puts you in a better position if litigation eventually becomes necessary.
- Schlanger Law Group is a consumer protection firm dedicated to representing victims of unauthorized charges whose disputes have been wrongfully denied.
Your Credit Card Dispute Was Denied – Now What?
You noticed unauthorized charges on your credit card and disputed them with the credit card company, and have now received back a rejection notice, telling you that the company intends to hold you responsible.
When you receive that disappointing notification that your dispute claim has been rejected, your first reaction might be confusion or anger. Take a deep breath, this is a relatively common occurrence, and you still have multiple options available. Credit card lawyers have helped thousands manage this exact situation, turning initial denials into successful resolutions.
The dispute denial letter typically contains critical information about why your claim was rejected and outlines the timeframe for your next steps. In many cases, you will have as little as 10 days from the date of the notice before payments are due, so acting quickly is essential.
Why Credit Card Companies Reject Disputes
Federal law makes credit card companies responsible for reimbursing unauthorized charges on consumer credit cards, so long as certain basic rules are followed. Reimbursement of these charges has become increasingly expensive for financial institutions. Many card companies are quick to find deficiencies in victims’ disputes that can serve as a basis for denying the claim and shifting the loss onto the consumer.
One of the most common reasons for dispute denials is filing after the 60-day window has closed. Under the Fair Credit Billing Act, consumers must dispute unauthorized charges within 60 days of the statement date on which the charge first appeared.
Many consumers mistakenly believe the clock starts when they discover the problem, but legally it begins when the first statement containing the charges first goes out.
Many consumers also mistakenly believe that verbal disputes are sufficient under the Fair Credit Billing Act. This is not the case. The Act requires consumers to dispute the allegedly unauthorized charges in writing, and to use the credit card company’s official Billing Dispute address. This address is typically listed on the back of every monthly statement.
If you’ve missed this 60-day window for filing a written dispute with the credit card company, your dispute may be automatically rejected regardless of its merit.
However, consumers should note the following:
- Courts have held that the 60-day clock restarts when a provisional credit is later reversed; in such cases, the 60 days are counted from the date the first monthly statement containing the reversal of the charges is issued. Credit card companies often fail to adjust for this and wrongly deny disputes as untimely.
- Although missing the 60-day written dispute deadline may prevent you from bringing a claim under the Fair Credit Billing Act, there are other laws, including Section 1643 of the Truth In Lending Act that may still be available. The Truth In Lending Act’s unauthorized use provisions do not contain a 60-day limitation.
Insufficient Documentation: A Common Justification for Denials
Card issuers often justify denial by claiming that a dispute failed to include enough evidence.
For this reason, and because it will greatly strengthen your position if it becomes necessary to bring a lawsuit against the financial institution for failure to reimburse, consumers are well-advised to provide all supporting documentation with their dispute.
This can include police reports, affidavits, proof of location (e.g. proof that you were at work in one location when the card was used for a point of sale transaction someplace else, etc.). The more specific evidence you can provide, the harder it becomes for the issuer to maintain a denial. When submitting your initial dispute or appeal, organize these documents/reference the supporting evidence.
Finally, submit your dispute by some trackable means so that you can prove when you sent it and that it was received. Similarly, make copies of everything prior to sending off your dispute, so that you can prove what you sent.
Following the steps above maximizes your chance of successfully dispute the charges at issue. And, if your dispute is rejected and litigation becomes necessary, following these steps can be a critical factor in proving your case in court.
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4 Immediate Steps to Take After a Dispute Denial
1. Get the Denial in Writing
If you received notification of the denial by phone or through your online banking portal without specific details, request a formal written explanation.
Federal law requires denials to be made in writing, and also requires that the reason for the denial be clearly stated.
2. Review Your Evidence & Identify Gaps
With the denial reason in hand, reassess your evidence to identify whether anything was missing or unclear. For instance, if the issuer claims you authorized a recurring charge, look for emails or screenshots showing your cancellation request.
If they claim a service was provided when you say it wasn’t, gather documentation proving your claim.
3. Submit a Formal Appeal with New Evidence
After reviewing the written denial sent by your credit card company, promptly prepare a formal written appeal that directly addresses the specific reasons for denial. Structure your appeal logically, with a clear summary at the beginning followed by point-by-point rebuttals of each reason cited in the denial letter.
Attach copies (never originals) of all supporting documentation, clearly labeled and referenced in your appeal letter. Send your appeal via certified mail with a return receipt requested to create proof of delivery. Many card issuers also allow secure document uploads through their online banking portals, which can be more expedient.
Make sure you have clear documentation of what you included with your dispute letter, how it was sent, when you submitted it, and when it was received
4. Escalate to Consumer Protection Agencies
Unfortunately, the Consumer Financial Protection Bureau (CFPB), which is supposed to handle complaints against financial institutions, has undergone extreme changes since January 2024 and is no longer as reliable and active as it once was on consumer matters.
Even so, it can bolster your case to have gone on record with the CFPB about your dispute and the financial institution’s refusal to reimburse you.
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Denied Credit Card Dispute? Schlanger Law Group Can Help
A denied credit card dispute isn’t the end of your fight for fair treatment. While card issuers often rely on consumers giving up after initial rejections, you have powerful legal rights under the Fair Credit Billing Act and the Truth In Lending Act that many people don’t fully understand or utilize effectively.
At Schlanger Law Group, our consumer protection attorneys are dedicated to representing victims of unauthorized charges where standard dispute processes have failed, bringing the legal expertise and persistence needed to challenge these denials successfully.
We understand the tactics credit card companies use and know how to counter them with compelling evidence and legal arguments. We regularly litigate claims on behalf of victims of unauthorized charges.
Our contingency fee structure means you don’t pay unless we win. Because the relevant laws provide for attorney’s fees and costs to the prevailing consumer, our fees and costs are typically paid for by the companies that have failed to reimburse their customers for unauthorized charges.
So don’t delay, reach out to us now!
Frequently Asked Questions (FAQs)
Can I dispute the same credit card charge twice?
It does not make sense to file multiple, substantively identical disputes about the same charge. However, it is common for victims to obtain new documents or evidence after the filing of the initial dispute, and it is highly advisable to update your dispute with these materials. For example, police reports are often not available immediately to the victims and should be sent to the credit card company as soon as possible.
Moreover, if the dispute is denied for reasons that are not sound (e.g. reasons that are contradicted by information you have already provided), the consumer can file a second dispute that points out why the reasoning was faulty, and that functions as an “appeal”.
For example, if a denial is based on the consumer receiving the relevant goods and services and the consumer has previously submitted an affidavit stating they did not receive these goods and services, it is often advisable to submit a second dispute pointing the credit card company to the previously submitted information.
Will a denied credit card dispute affect my credit score?
A denied dispute itself doesn’t directly impact your credit score. During the dispute process, the charge should be marked as “in dispute” on your credit report, preventing it from harming your score. However, if you refuse to pay after your dispute is denied, the unpaid amount could be reported as delinquent, which would negatively affect your credit.
Moreover, a denied dispute will typically result in a higher balance. This, in turn, may adversely impact the consumer’s “debt utilization” ratio (how much of a person’s credit is already in use). By making the victim look like they are deeper in debt than they really are, this increased balance will often decrease the victim’s score.
What happens if I refuse to pay a disputed charge after my appeal is denied?
If you refuse payment after your dispute is denied, the unpaid amount will generally be treated as delinquent, resulting in late fees, interest charges, potential collection actions, and negative credit reporting. Some consumers choose to pay under protest while pursuing other remedies (such as litigation).
How can Schlanger Law Group help with my denied credit card dispute?
Schlanger Law Group is dedicated to representing victims in identity theft and unauthorized charge cases where standard dispute processes have failed.
We regularly litigate claims on behalf of victims of unauthorized charges. Our contingency fee structure means you don’t pay unless we win. Because the relevant laws provide for attorney’s fees and costs to the prevailing consumer, our fees and costs are typically paid for by the companies that have failed to reimburse their customers for unauthorized charges.
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