💳 Unauthorized Charge Dispute Letters

Fighting fraudulent, recurring, and unauthorized credit/debit card charges

💰 When Your Account Shows Unauthorized Charges

You check your credit card or bank statement and see charges you didn't authorize—fraudulent purchases, forgotten subscriptions still billing, or merchants charging after cancellation. Federal law gives you powerful rights to dispute unauthorized charges and recover your money.

🎯 Common Unauthorized Charge Scenarios

  • Identity theft/fraud: Someone stole your card number and made purchases you never authorized
  • Subscription you canceled: Company continues billing after you canceled subscription
  • Free trial auto-conversion: "Free trial" converted to paid subscription without clear consent
  • Duplicate charges: Merchant charged you twice for same transaction
  • Amount different than authorized: Restaurant added unauthorized tip, hotel charged more than quoted
  • Goods never received: Merchant charged but never shipped product
  • Services not rendered: Charged for services that were canceled or never provided
  • Recurring charges after account closure: Merchant bills closed account or expired card

💡 Your Federal Rights: FCBA and Regulation E

Two federal laws protect you from unauthorized charges:

Law Covers Liability Limit Dispute Window
Fair Credit Billing Act (FCBA)
15 U.S.C. § 1666
Credit cards, charge cards $50 maximum liability for unauthorized charges (usually $0 if reported promptly) 60 days from statement date
Electronic Fund Transfer Act (EFTA) / Regulation E
15 U.S.C. § 1693
Debit cards, ATM cards, ACH transfers, electronic payments $0 if reported within 2 days, $50 if 2-60 days, $500 if after 60 days 60 days from statement date for full protection

✅ Why FCBA/Regulation E Are Powerful

  • Burden on bank: Once you dispute, bank must investigate and prove charge was authorized
  • Provisional credit: Bank must credit your account during investigation (typically within 10 days)
  • Strict deadlines for bank: Bank has 90 days to complete investigation or credit becomes permanent
  • Written explanation required: If bank denies dispute, must provide written explanation with evidence
  • Penalties for non-compliance: Banks violating FCBA/Regulation E face statutory damages and attorney fees

⚠️ Common Bank Dispute Denial Tactics

Banks often deny legitimate unauthorized charge disputes:

⚠️ Bank's Conflict of Interest

Banks have financial incentive to deny your dispute:

  • If bank sides with you, they eat the loss (can't always recover from merchant)
  • Banks receive merchant processing fees—don't want to anger merchant customers
  • Chargebacks hurt bank's relationships with merchants

Result: Banks often side with merchants over their own customers, requiring you to escalate or sue under FCBA/Regulation E.

📍 Step-by-Step: Disputing Unauthorized Charges

  1. Review statement immediately: Check statements regularly—60-day window starts from statement date
  2. Freeze card if fraud: If card stolen/compromised, report to bank and freeze/cancel card immediately
  3. File dispute with bank/card issuer: Call dispute department, get case number, follow up in writing within 60 days
  4. Send written dispute letter: FCBA requires written dispute for full protection (see Templates tab)
  5. Gather evidence: Cancellation confirmations, lack of delivery proof, subscription terms, fraud reports
  6. Demand provisional credit: Bank must credit account within 10 business days
  7. Monitor investigation: Bank has 90 days to investigate and provide written findings
  8. Appeal denial: If bank denies dispute, send appeal letter citing FCBA/Regulation E violations
  9. File CFPB complaint: Consumer Financial Protection Bureau investigates bank violations
  10. Consult attorney if necessary: FCBA/Regulation E allow attorney fee recovery if you sue and prevail

📊 Documenting Your Unauthorized Charge Dispute

📋 Evidence Checklist

🗂️ Unauthorized Charge Dispute Evidence

  • Credit/debit card statements: Highlighting disputed charge(s) with dates and amounts
  • Transaction details: Merchant name, transaction date, amount, authorization code
  • Fraud report (if applicable): Police report if card stolen, identity theft report to FTC
  • Cancellation proof (subscription disputes): Emails/confirmations showing you canceled before charge
  • Non-delivery proof: Lack of shipping confirmation, tracking showing no delivery
  • Account closure proof: Evidence account was closed before charge posted
  • Authorization discrepancy: Receipt showing different amount than charged
  • Location alibi (fraud): Evidence you were elsewhere when fraudulent charge occurred
  • Correspondence with merchant: Emails trying to resolve dispute before involving bank
  • Card in possession: Statement you still have card (proves you didn't lend it to someone)

📝 Written Dispute Letter Requirements

FCBA requires specific information in your written dispute:

✅ What to Include in FCBA Dispute Letter

  • Your name and account number: So bank can identify your account
  • Statement of error: Clear statement that you're disputing a charge
  • Amount of error: Exact dollar amount disputed
  • Date of charge: Transaction date and/or statement date
  • Reason for dispute: Why charge is unauthorized/erroneous
  • Supporting evidence: Mention attached documents proving your case
  • Request for investigation: Demand provisional credit and investigation

Send to correct address: Use billing inquiries address (on back of statement), NOT payment address. Certified mail recommended for proof of delivery.

🕐 Timing Is Critical

Action Deadline Consequence of Missing
Discover unauthorized charge Check statements regularly 60-day window starts from statement date, not discovery date
Oral dispute call ASAP upon discovery Starts investigation process, but not sufficient alone
Written FCBA dispute 60 days from statement date Lose FCBA protections (provisional credit, investigation deadlines)
Regulation E dispute (debit) 60 days from statement to avoid $500 liability Liability increases from $0/$50 to $500 for delayed charges
Report stolen card 2 days of discovering theft (Reg E) Liability increases from $0 to $50 if delayed 2+ days

📧 Documenting Merchant Contact

Before or while disputing with bank, document attempts to resolve with merchant:

Why Merchant Contact Helps

Showing you tried to resolve with merchant first strengthens your dispute:

  • Demonstrates good faith effort before chargebacking
  • If merchant refuses refund, proves charge shouldn't have been made
  • If merchant doesn't respond, suggests they know charge was improper
  • Merchant's response may admit facts supporting your dispute

📝 Unauthorized Charge Dispute Templates

Template 1: FCBA Dispute Letter (Credit Card)

[Date] [Credit Card Issuer Name] Billing Inquiries Department [Billing Inquiries Address - from back of statement] SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED Re: Fair Credit Billing Act Dispute – Account #[Last 4 Digits of Account] Statement Date: [Date] Disputed Charge: $[Amount] To Whom It May Concern: I am disputing a charge on my credit card account pursuant to the Fair Credit Billing Act, 15 U.S.C. § 1666. ACCOUNT INFORMATION: • Account Number: [Last 4 digits] • Statement Date: [Date of statement showing charge] • Cardholder Name: [Your Name] DISPUTED CHARGE: • Merchant Name: [Merchant] • Transaction Date: [Date] • Amount: $[Amount] • Transaction Description: [Description from statement] REASON FOR DISPUTE: This charge is unauthorized. [Choose applicable reason]: [If fraudulent/stolen card:] I did not make this purchase or authorize anyone else to make it. I have never patronized [Merchant Name] and did not provide my card information to them. I still have physical possession of my card (card not lost or stolen). This is a fraudulent charge. [If subscription canceled:] I canceled my subscription with [Merchant] on [Date] via [method—email, online account, phone]. I have attached confirmation of cancellation dated [Date]. Despite this cancellation, [Merchant] charged my account on [Date], [X days/weeks] after I canceled. This unauthorized charge violates my cancellation. [If goods never received:] [Merchant] charged my card on [Date] for [product description]. The merchant never shipped the product. I have no tracking number and no delivery confirmation. Repeated contacts with [Merchant] (attached emails) have gone unanswered. I am being charged for goods never received. [If amount different than authorized:] I authorized a charge of $[Authorized Amount] for [service]. [Merchant] charged $[Actual Amount]—$[Difference] more than authorized. [Details of why amount is wrong—e.g., "Restaurant added 25% tip without my authorization," "Hotel quoted $X, charged $Y without explanation."] ATTACHED EVIDENCE: • Copy of statement showing disputed charge • [Cancellation confirmation email] • [Correspondence with merchant] • [Proof of non-delivery] • [Other supporting documents] DEMANDED ACTIONS: Pursuant to the Fair Credit Billing Act, I demand that [Card Issuer]: 1. PROVIDE PROVISIONAL CREDIT of $[Amount] to my account within 10 business days (or explain in writing why provisional credit is not provided) 2. INVESTIGATE this dispute within 90 days 3. DO NOT report this amount as delinquent to credit bureaus during investigation 4. PROVIDE WRITTEN EXPLANATION of investigation results If investigation confirms charge was unauthorized, I demand permanent removal of this charge from my account. I have attempted to resolve this matter with the merchant [describe attempts—emails sent, calls made, merchant's response or non-response]. [Merchant] has [refused refund / not responded / claimed charge was authorized despite evidence to contrary]. Please confirm receipt of this dispute letter and provide a timeline for resolution. Sincerely, [Your Signature] [Your Printed Name] [Address] [Phone] [Email] Enclosures: • Statement copy • [Supporting documents]

Template 2: Regulation E Dispute (Debit Card/ACH)

[Date] [Bank Name] Electronic Fund Transfer Disputes [Address] SENT VIA CERTIFIED MAIL Re: Regulation E Unauthorized Electronic Fund Transfer Dispute Account Number: [Last 4 Digits] Transaction Date: [Date] Dear [Bank]: I am disputing an unauthorized electronic fund transfer from my account pursuant to the Electronic Fund Transfer Act and Regulation E (15 U.S.C. § 1693, 12 CFR § 1005). ACCOUNT INFORMATION: • Account Number: [Last 4 digits] • Account Holder: [Your Name] • Statement Period: [Date Range] UNAUTHORIZED TRANSFER: • Date: [Transaction Date] • Merchant/Payee: [Merchant Name] • Amount: $[Amount] • Type: [Debit card / ACH transfer / Electronic payment] UNAUTHORIZED TRANSFER DETAILS: I did not authorize this electronic fund transfer. [Explain]: [If debit card fraud:] I did not make this purchase and did not provide my debit card or PIN to anyone. My card [remains in my possession / was stolen on [Date] and reported to [Bank] immediately]. This is a fraudulent transaction. [If ACH unauthorized:] I did not authorize [Company Name] to initiate an ACH transfer from my account. I have never provided ACH authorization to this company. This unauthorized withdrawal violates Regulation E. [If subscription not canceled:] I canceled my authorization for recurring payments to [Merchant] on [Date] (cancellation confirmation attached). Despite this cancellation, [Merchant] debited my account on [Date]. Regulation E prohibits merchants from debiting accounts after authorization is revoked. NOTIFICATION TIMELINE: • Transaction date: [Date] • I discovered unauthorized transfer on: [Date] • I am notifying [Bank] within [X days] of discovery—well within the 60-day Regulation E reporting requirement DEMANDED RELIEF: Pursuant to Regulation E, I demand that [Bank]: 1. PROVISIONALLY CREDIT my account $[Amount] within 10 business days (12 CFR § 1005.11(c)) 2. INVESTIGATE this unauthorized transfer within 90 days (or 45 days if debit card, per 12 CFR § 1005.11(c)(3)) 3. PROVIDE WRITTEN EXPLANATION of investigation results (12 CFR § 1005.11(d)) 4. PERMANENTLY CREDIT my account if investigation confirms transfer was unauthorized LIABILITY LIMIT: Because I am reporting this unauthorized transfer within [2 business days / 60 days] of discovery, my liability under Regulation E is limited to [$ $0 / $50] (15 U.S.C. § 1693g). I have attempted to resolve this with [Merchant] [describe attempts]. [Merchant] has [refused refund / not responded / disputed my cancellation]. Please confirm receipt of this dispute and provide provisional credit within 10 business days. Sincerely, [Your Signature] [Your Name] [Address] [Phone] [Email] Enclosures: • Bank statement showing unauthorized transfer • [Cancellation confirmation, if applicable] • [Fraud report, if applicable] • [Supporting documentation]

⚠️ Dispute Letter Best Practices

  • Send to correct address: Billing inquiries (FCBA) or EFT disputes (Reg E), NOT payment processing address
  • Certified mail: Proves you sent within 60-day window and bank received dispute
  • Keep copies: Save copy of letter, certified mail receipt, all attachments
  • Follow up: If no response in 30 days, send follow-up letter citing FCBA/Reg E deadlines
  • Document everything: Track all communications with bank during investigation

👨‍⚖️ Attorney Services for Unauthorized Charge Disputes

Most unauthorized charge disputes resolve through bank chargebacks under FCBA or Regulation E. When banks wrongfully deny disputes—especially for high-value charges or systematic violations—legal representation can force compliance and recover damages.

🎯 How I Help Consumers with Unauthorized Charge Disputes

Bank Dispute Advocacy

  • FCBA/Regulation E demand letters: Attorney letters citing specific regulatory violations often reverse bank denials
  • Provisional credit enforcement: Forcing banks to provide required provisional credit within 10 days
  • Investigation deadline enforcement: Holding banks to 90-day investigation requirement
  • CFPB complaints: Filing comprehensive regulatory complaints triggering CFPB oversight

Litigation Against Banks

  • FCBA violations: Suing banks for failing to investigate, missing deadlines, improper denials
  • Regulation E violations: Enforcing debit card protections, provisional credit requirements
  • Statutory damages: FCBA and Regulation E allow statutory damages for willful violations
  • Attorney fees: Both statutes provide attorney fee recovery for prevailing consumers

Merchant Litigation (CLRA)

  • Subscription fraud: Suing merchants for CARL violations (charging after cancellation)
  • Fraudulent charges: CLRA claims against merchants for unauthorized recurring billing
  • Class actions: Representing groups of consumers victimized by same merchant fraud scheme

💼 Fee Arrangements

✅ FCBA and Regulation E Attorney Fee Recovery

Both FCBA (15 U.S.C. § 1640) and Regulation E (15 U.S.C. § 1693m) allow prevailing consumers to recover attorney fees:

  • Fee-shifting statutes: If you sue bank and prevail, bank pays my fees—not you
  • Statutory damages: Minimum $100, maximum $1,000 per violation (plus actual damages)
  • Class action multipliers: Systematic violations can support class actions with substantial damages
  • Contingency arrangements: Many cases handled on contingency or hybrid fee structures

Practical effect: Even small unauthorized charge disputes become economically viable to litigate when banks wrongfully deny claims.

📞 Schedule a Consultation

Discuss your unauthorized charge dispute and explore options for recovering your money through FCBA/Regulation E enforcement or merchant litigation. I provide practical guidance on dispute strategy and legal remedies.

Contact: owner@terms.law