As a credit card holder, you should be aware of the risks of fraud and how to protect yourself from them. Credit card fraud is a serious problem with serious financial and legal ramifications. Read on and reach out to a seasoned San Diego credit card fraud lawyer from Barthel & Barthen for an overview of credit card fraud, warning signs of it, and information on how to dispute fraudulent activity or prevent it altogether.
Credit Card Fraud Lawyer | Representing Consumers Across California
Being made a victim of credit card fraud can be a frightening and overwhelming experience, but with a competent and skilled San Diego consumer lawyer in your corner, it doesn’t have to be. Barthel Legal is here to fight for you.
What is Credit Card Fraud?
Credit card fraud is financial fraud in which unauthorized purchases, loans, or cash withdrawals are made using another person’s credit card or credit card information. This can be done by stealing a physical card, copying the card information, or using card information obtained from the consumer via phishing scams or other types of cybercrime or identity theft. Credit card fraud can cause significant financial losses for both the cardholder and the card issuer, and it is a crime in the majority of jurisdictions.
What Laws Exist to Help Victims?
There are laws in place that protect consumers from being held responsible for unauthorized charges or fraudulent activity on their credit cards. For example, under the Fair Credit Billing Act (FCBA), consumers are only liable for up to $50 of unauthorized charges on their credit card accounts. Some credit card issuers may choose to waive this liability limit, so it is worth checking with your issuer to see what their policy is regarding unauthorized transactions. In addition, most credit card issuers offer zero liability protection, which means that you are not responsible for any unauthorized charges on your account.
These protections generally apply to fraudulent activity that is beyond your control, such as when your card is stolen or your card information is obtained by a cybercriminal. If you have voluntarily given your card information to someone else or have engaged in the fraudulent activity of physical credit card with yourself, you may not be protected by these laws and could be held liable for the charges.
How do I dispute fraudulent activity?
Under federal law, there are a few steps that you need to take in your credit card disputes in order to protect your rights and contest any unauthorized charges on your credit card account:
- Contact the credit card issuer: You should contact your credit card issuer as soon as possible to report the fraudulent activity and to request that the unauthorized charges be removed from your account.
- Dispute the charges: You can dispute the charges with the credit card issuer by your billing statement, filling out a billing error form or by writing a letter explaining the unauthorized charges. You must do this within 60 days of receiving the bill with the unauthorized charges, and this dispute must be sent to the address—mailing address or email address—that is listed on your credit card statement.
- Keep a record of your communication: It’s important to keep a record of all communication with the credit card issuer, including the account number and any letters or forms that you have sent. This will help you to track the progress of your dispute and provide evidence if needed.
- Follow-up: If you do not receive a response from the credit card issuer within 30 days of disputing the charges, you have the right to file a complaint with the Consumer Financial Protection Bureau (CFPB).
How much time do I have to dispute fraudulent activity?
Within 60 days of the statement containing the fraudulent activity, you need to send a dispute to the address—mailing address or email address—that is listed on your credit card statement. If you miss this 60-day deadline, do not fret. Under some federal laws, you have one year to bring an action to remove your name card number from liability under the fraudulent charges.
What to do if a company rejects your dispute?
If the credit card issuer does not respond to your dispute or rejects your dispute, you have the right to file an action in court to force the company to remove your liability from the credit card debt. You may be entitled to recover damages, including the amount of any unauthorized charges, any finance charges that you incurred as a result of the fraudulent activity, and statutory damages of up to $1,000. In addition, you may be able to recover any actual damages that you incurred as a result of the credit card issuer’s failure to resolve the dispute in a timely manner, such as lost wages or other expenses. These actual damages can include emotional distress, such as loss of sleep, anxiety, loss of appetite, depression, and many other symptoms.
Don’t let credit card fraud go unchecked – by standing up for your rights, you can hold the credit bureau or card issuer accountable and potentially recover any losses that you have incurred. Don’t hesitate to seek the help that you deserve – take action to protect your rights and your finances.
Do I have to pay my own money to get an attorney?
Long answer short, no. Under the law, consumers do not generally need to pay for an attorney in order to dispute unauthorized charges or fraudulent activity on their credit card accounts. The law provides a process for consumers to follow in order to dispute these charges directly with the credit card issuer, and the credit card issuer is required to investigate the dispute and resolve it in a timely manner.
If the credit card issuer does not resolve the dispute to the consumer’s satisfaction, the consumer may wish to seek legal representation in order to dispute unauthorized charges or fraudulent activity on their credit card account. In these types of cases, the law states that if the consumer wins its case, the credit card company is required to pay the consumer’s attorney’s fees and costs. Therefore, most law firms will take on your case for no out-of-pocket case to you. Furthermore, these firms can negotiate their attorneys’ fees and costs separately from your recovery of fraudulent purchases.
Can a credit card company report the disputed debt on my credit report?
A credit card company cannot report a disputed debt until after it has completed its investigation. Even if the credit card company completes its investigation of the disputed amount, but does not do a reasonable enough investigation to discover that the charges were the result of fraud, their continued reporting of the debt is a violation of the law.
This unauthorized charge can have serious consequences. If a credit card issuer reports fraudulent charges or unauthorized activity to credit reporting agencies, it can have a negative impact on your credit score and credit history. This can make it more difficult for you to obtain credit in the future and may result in higher interest rates and fees when you do obtain credit.
What do I do if fraudulent credit charges are on my credit report?
If you believe that a credit card issuer has improperly reported fraudulent charges or unauthorized activity to the credit reporting agencies, you have the right to dispute the information with the credit reporting agencies. You can do this by contacting credit reporting agencies and credit card companies and providing documentation to support your dispute. The credit reporting agencies and the credit card company are required to investigate the dispute. If they find that the information is incorrect, they must remove it from your credit report.
If a credit card issuer has improperly reported fraudulent charges or unauthorized activity to credit reporting agencies, it may be in violation of the Fair Credit Reporting Act (FCRA). The FCRA is a U.S. federal law that requires credit reporting agencies and the entities that make credit scores to provide information to them to maintain the accuracy and confidentiality of consumer credit reports. If a credit card company is found to be in violation of the FCRA, it may face legal penalties and damages.
Tips for Avoiding Credit Card Fraud
- Monitor your credit card statements regularly. Make sure to review your statements each month and look for any suspicious or unauthorized charges.
- Use a secure payment processor when making online purchases. Look for the lock symbol in the address bar and make sure the website is using secure encryption technology.
- Be wary of phishing emails. Never click on a link in an email that asks for your credit card information or other personal information.
- Keep your credit card information secure. Don’t share your credit card numbers with anyone and be sure to store your credit card in a safe place.
- Use a credit card with fraud protection. Many credit cards offer fraud protection services that can help you detect and prevent fraudulent activity.
- Use a credit card with a low credit limit. This can help limit the amount of damage that can be done if your card is stolen or used fraudulently.
- Use a credit card with a low-interest rate. This can help you save money if you need to carry a balance on your card.
- Use a credit card with a rewards program. Many credit cards offer rewards programs that can help you save money or earn rewards for your purchases.
Act quickly if you believe that your credit report has been affected by fraudulent charges or unauthorized activity on your credit card account. By disputing the information of unauthorized credit card charges and correcting any errors on your credit report, you can help to protect your credit score and credit history and hold the credit card issuer accountable for any potential violations of law.
Contact a California Credit Card Fraud Lawyer Today
Credit card fraud is a serious issue that can have a negative impact on your credit score and credit history. To protect yourself from fraudulent or suspicious activity, it is important to monitor your credit card statements regularly, use secure payment processors when making online purchases, be wary of phishing emails, keep your credit card information secure, and use a credit card with fraud protection. If you believe that your credit report has been affected by fraudulent charges or unauthorized activity, it is important to act quickly and dispute the information to correct any errors on your credit report. If you have been a victim of credit card fraud, contact a lawyer from Barthel Legal for legal assistance.
As a credit card holder, you should be aware of the risks of fraud and how to protect yourself from them. Credit card fraud is a serious problem with serious financial and legal ramifications. Read on and reach out to a seasoned San Diego credit card fraud lawyer from Barthel & Barthen for an overview of credit card fraud, warning signs of it, and information on how to dispute fraudulent activity or prevent it altogether.
Credit Card Fraud Lawyer | Representing Consumers Across California
Being made a victim of credit card fraud can be a frightening and overwhelming experience, but with a competent and skilled San Diego consumer lawyer in your corner, it doesn’t have to be. Barthel Legal is here to fight for you.
What is Credit Card Fraud?
Credit card fraud is financial fraud in which unauthorized purchases, loans, or cash withdrawals are made using another person’s credit card or credit card information. This can be done by stealing a physical card, copying the card information, or using card information obtained from the consumer via phishing scams or other types of cybercrime or identity theft. Credit card fraud can cause significant financial losses for both the cardholder and the card issuer, and it is a crime in the majority of jurisdictions.
What Laws Exist to Help Victims?
There are laws in place that protect consumers from being held responsible for unauthorized charges or fraudulent activity on their credit cards. For example, under the Fair Credit Billing Act (FCBA), consumers are only liable for up to $50 of unauthorized charges on their credit card accounts. Some credit card issuers may choose to waive this liability limit, so it is worth checking with your issuer to see what their policy is regarding unauthorized transactions. In addition, most credit card issuers offer zero liability protection, which means that you are not responsible for any unauthorized charges on your account.
These protections generally apply to fraudulent activity that is beyond your control, such as when your card is stolen or your card information is obtained by a cybercriminal. If you have voluntarily given your card information to someone else or have engaged in the fraudulent activity of physical credit card with yourself, you may not be protected by these laws and could be held liable for the charges.
How do I dispute fraudulent activity?
Under federal law, there are a few steps that you need to take in your credit card disputes in order to protect your rights and contest any unauthorized charges on your credit card account:
- Contact the credit card issuer: You should contact your credit card issuer as soon as possible to report the fraudulent activity and to request that the unauthorized charges be removed from your account.
- Dispute the charges: You can dispute the charges with the credit card issuer by your billing statement, filling out a billing error form or by writing a letter explaining the unauthorized charges. You must do this within 60 days of receiving the bill with the unauthorized charges, and this dispute must be sent to the address—mailing address or email address—that is listed on your credit card statement.
- Keep a record of your communication: It’s important to keep a record of all communication with the credit card issuer, including the account number and any letters or forms that you have sent. This will help you to track the progress of your dispute and provide evidence if needed.
- Follow-up: If you do not receive a response from the credit card issuer within 30 days of disputing the charges, you have the right to file a complaint with the Consumer Financial Protection Bureau (CFPB).
How much time do I have to dispute fraudulent activity?
Within 60 days of the statement containing the fraudulent activity, you need to send a dispute to the address—mailing address or email address—that is listed on your credit card statement. If you miss this 60-day deadline, do not fret. Under some federal laws, you have one year to bring an action to remove your name card number from liability under the fraudulent charges.
What to do if a company rejects your dispute?
If the credit card issuer does not respond to your dispute or rejects your dispute, you have the right to file an action in court to force the company to remove your liability from the credit card debt. You may be entitled to recover damages, including the amount of any unauthorized charges, any finance charges that you incurred as a result of the fraudulent activity, and statutory damages of up to $1,000. In addition, you may be able to recover any actual damages that you incurred as a result of the credit card issuer’s failure to resolve the dispute in a timely manner, such as lost wages or other expenses. These actual damages can include emotional distress, such as loss of sleep, anxiety, loss of appetite, depression, and many other symptoms.
Don’t let credit card fraud go unchecked – by standing up for your rights, you can hold the credit bureau or card issuer accountable and potentially recover any losses that you have incurred. Don’t hesitate to seek the help that you deserve – take action to protect your rights and your finances.
Do I have to pay my own money to get an attorney?
Long answer short, no. Under the law, consumers do not generally need to pay for an attorney in order to dispute unauthorized charges or fraudulent activity on their credit card accounts. The law provides a process for consumers to follow in order to dispute these charges directly with the credit card issuer, and the credit card issuer is required to investigate the dispute and resolve it in a timely manner.
If the credit card issuer does not resolve the dispute to the consumer’s satisfaction, the consumer may wish to seek legal representation in order to dispute unauthorized charges or fraudulent activity on their credit card account. In these types of cases, the law states that if the consumer wins its case, the credit card company is required to pay the consumer’s attorney’s fees and costs. Therefore, most law firms will take on your case for no out-of-pocket case to you. Furthermore, these firms can negotiate their attorneys’ fees and costs separately from your recovery of fraudulent purchases.
Can a credit card company report the disputed debt on my credit report?
A credit card company cannot report a disputed debt until after it has completed its investigation. Even if the credit card company completes its investigation of the disputed amount, but does not do a reasonable enough investigation to discover that the charges were the result of fraud, their continued reporting of the debt is a violation of the law.
This unauthorized charge can have serious consequences. If a credit card issuer reports fraudulent charges or unauthorized activity to credit reporting agencies, it can have a negative impact on your credit score and credit history. This can make it more difficult for you to obtain credit in the future and may result in higher interest rates and fees when you do obtain credit.
What do I do if fraudulent credit charges are on my credit report?
If you believe that a credit card issuer has improperly reported fraudulent charges or unauthorized activity to the credit reporting agencies, you have the right to dispute the information with the credit reporting agencies. You can do this by contacting credit reporting agencies and credit card companies and providing documentation to support your dispute. The credit reporting agencies and the credit card company are required to investigate the dispute. If they find that the information is incorrect, they must remove it from your credit report.
If a credit card issuer has improperly reported fraudulent charges or unauthorized activity to credit reporting agencies, it may be in violation of the Fair Credit Reporting Act (FCRA). The FCRA is a U.S. federal law that requires credit reporting agencies and the entities that make credit scores to provide information to them to maintain the accuracy and confidentiality of consumer credit reports. If a credit card company is found to be in violation of the FCRA, it may face legal penalties and damages.
Tips for Avoiding Credit Card Fraud
- Monitor your credit card statements regularly. Make sure to review your statements each month and look for any suspicious or unauthorized charges.
- Use a secure payment processor when making online purchases. Look for the lock symbol in the address bar and make sure the website is using secure encryption technology.
- Be wary of phishing emails. Never click on a link in an email that asks for your credit card information or other personal information.
- Keep your credit card information secure. Don’t share your credit card numbers with anyone and be sure to store your credit card in a safe place.
- Use a credit card with fraud protection. Many credit cards offer fraud protection services that can help you detect and prevent fraudulent activity.
- Use a credit card with a low credit limit. This can help limit the amount of damage that can be done if your card is stolen or used fraudulently.
- Use a credit card with a low-interest rate. This can help you save money if you need to carry a balance on your card.
- Use a credit card with a rewards program. Many credit cards offer rewards programs that can help you save money or earn rewards for your purchases.
Act quickly if you believe that your credit report has been affected by fraudulent charges or unauthorized activity on your credit card account. By disputing the information of unauthorized credit card charges and correcting any errors on your credit report, you can help to protect your credit score and credit history and hold the credit card issuer accountable for any potential violations of law.
Contact a California Credit Card Fraud Lawyer Today
Credit card fraud is a serious issue that can have a negative impact on your credit score and credit history. To protect yourself from fraudulent or suspicious activity, it is important to monitor your credit card statements regularly, use secure payment processors when making online purchases, be wary of phishing emails, keep your credit card information secure, and use a credit card with fraud protection. If you believe that your credit report has been affected by fraudulent charges or unauthorized activity, it is important to act quickly and dispute the information to correct any errors on your credit report. If you have been a victim of credit card fraud, contact a lawyer from Barthel Legal for legal assistance.
