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:
"Chip transaction = authorized": Claims chip+PIN or chip+signature proves you authorized charge (not true—card could be stolen)
"Matches your spending pattern": Argues fraudulent charge looks like something you'd buy (irrelevant—still unauthorized)
"Merchant provided proof": Accepts merchant's self-serving statement that you authorized charge
"Past the dispute window": Claims you reported too late (check actual statement date—60 days from statement, not transaction)
"You gave card to family member": If family member used card without permission, it's still unauthorized under law
"You should have canceled subscription": Blames you for not canceling when merchant made cancellation difficult (violates CARL)
⚠️ 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
Review statement immediately: Check statements regularly—60-day window starts from statement date
Freeze card if fraud: If card stolen/compromised, report to bank and freeze/cancel card immediately
File dispute with bank/card issuer: Call dispute department, get case number, follow up in writing within 60 days
Send written dispute letter: FCBA requires written dispute for full protection (see Templates tab)
Demand provisional credit: Bank must credit account within 10 business days
Monitor investigation: Bank has 90 days to investigate and provide written findings
Appeal denial: If bank denies dispute, send appeal letter citing FCBA/Regulation E violations
File CFPB complaint: Consumer Financial Protection Bureau investigates bank violations
Consult attorney if necessary: FCBA/Regulation E allow attorney fee recovery if you sue and prevail
📜 Legal Framework: FCBA and Regulation E
💳 Fair Credit Billing Act (FCBA) - Credit Cards
FCBA (15 U.S.C. § 1666) protects credit card users from billing errors including unauthorized charges:
What FCBA Covers
"Billing errors" under FCBA include:
Unauthorized charges: Purchases you didn't make or authorize
Charges for undelivered goods: You paid but merchant never shipped
Services not rendered: Charged for services that weren't provided
Charges for wrong amount: Billed more than agreed price
Math errors: Incorrect calculations on statement
Charges after account closed: Merchant bills closed account
Statements not received: Charged but never received billing statement
📋 FCBA Dispute Process
Follow this process to preserve full FCBA rights:
Written dispute within 60 days: Send letter to card issuer's billing inquiries address (NOT payment address) within 60 days of statement date
Card issuer must acknowledge: Within 30 days of receiving your letter
Investigation required: Card issuer must investigate and resolve dispute within 90 days
Provisional credit (optional but common): Most issuers provide credit during investigation
Written resolution: Issuer must provide written explanation of findings
✅ FCBA Protections During Dispute
Cannot report as delinquent: Card issuer cannot report disputed amount as delinquent to credit bureaus during investigation
Cannot close account: Cannot close your account for disputing charges
No interest during dispute: Cannot charge interest on disputed amount while investigating
$50 liability cap: Maximum $50 liability for unauthorized charges (often waived to $0 by card issuers)
🏦 Electronic Fund Transfer Act / Regulation E - Debit Cards
Regulation E (12 CFR § 1005) implements EFTA, protecting debit card and ACH transactions:
Reporting Timeframe
Liability
Consequence
Within 2 business days of discovering unauthorized charge
$0 liability
Full protection if reported promptly
2-60 days after statement sent
Up to $50 liability
Small exposure for delayed reporting
After 60 days from statement
Up to $500 liability for charges after 60-day window
Lose protection for charges you could have detected within 60 days
⚠️ Debit vs. Credit: Different Protections
EFTA/Regulation E provides weaker protection than FCBA:
Money leaves account immediately: Unauthorized debit charges drain your checking account—you're out the cash until dispute resolves
Higher liability: Up to $500 if you delay reporting vs. $50 max for credit cards
10-day provisional credit: Bank must credit within 10 business days, but can take back if dispute denied
Overdraft risk: Fraudulent charges can trigger overdraft fees before you dispute
Best practice: Use credit cards for online purchases—better fraud protection than debit cards.
🔄 Recurring Charges and CARL
California's Automatic Renewal Law (CARL) works together with FCBA/Regulation E for subscription disputes:
CARL violation = grounds for dispute: If merchant violated CARL (no disclosure, difficult cancellation), cite this in FCBA/Regulation E dispute
Charging after cancellation: If you canceled subscription but merchant keeps billing, it's both CARL violation AND unauthorized charge under FCBA/Reg E
Burden on merchant: Merchant must prove they complied with CARL (clear disclosure, easy cancellation, you didn't cancel) to overcome unauthorized charge claim
📞 Consumer Financial Protection Bureau (CFPB)
If bank violates FCBA or Regulation E by denying valid dispute, file complaint with CFPB:
How to File CFPB Complaint
Online: consumerfinance.gov/complaint
By phone: (855) 411-CFPB (2372)
What happens: CFPB forwards complaint to bank, bank must respond within 15 days, CFPB tracks pattern violations
Enforcement: CFPB can fine banks, force refunds, require policy changes
CFPB complaints work: Banks take CFPB complaints seriously—often reverse denials to avoid regulatory scrutiny.
📊 Documenting Your Unauthorized Charge Dispute
📋 Evidence Checklist
🗂️ Unauthorized Charge Dispute Evidence
☐ Credit/debit card statements: Highlighting disputed charge(s) with dates and amounts
Screenshot conversations: Save chat logs, social media messages
Note phone calls: Date, time, person spoken to, outcome
Cancellation proof: If subscription dispute, screenshot cancellation confirmation or document difficulty canceling
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
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.