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I invested in companies, paying by credit card. The companies were frauds. Can I recover my money from the credit card company

Big Bear City, CA |
Filed under: Credit card fraud

2007, I invested $14,000 in 2 companies, paying by credit card. I never received any money from the investments. Both companies closed and criminal charges for fraud were filed by the U.S. Postal Inspectors. I filed a consumer complaint with the Postal Inspectors, but have not received any response after 2 years. Can I recover my losses from the credit card company through the Federal Truth in Lending Act?

Attorney Answers 4

  1. First of all, you may not be a "consumer" under the federal consumer protection laws.

    As far as disputing the credit card charges with the credit card companies, you usually have a limited time, about 60 days, to give written notice of the dispute. This will enable the credit card company to investigate and to get additional information from the merchant. If you received stock, bonds or other securities from these companies, the charges would probably be valid even if the stocks or securities were fraudulent. Credit card companies are not required to investigate the bona fides of an offer to sell securities.

    Sorry. If you want your money, you can request a restitution order in any criminal case, or you can sue the fraudsters. Other than that, you may be able to take a tax deduction. Contact you tax preparer.

  2. Y our question is a little short on facts. For example, what was the postal fraud? Did you buy stock in the companies? Were the companies related to each other? Who were the individuals behind the companies? Frankly, I think you need to retain a lawyer. You have not stated any fact that suggests that your credit card companies are liable. There are a number of laws to consider but all will require a through gathering of facts. The Federal Trade Commission Act, your state comsumer protection act, common law fraud are all available. I doubt you ever had a chance against the credit card companies but after 2 years, it is even less. Beat bet is see a lawyer.

  3. I do not think you can recover from the credit card companies. You might do best by contacting the US attornet general's office that prosecuted the case. The sad reality is that ther is probably not not or ever any funds to pay victims.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

  4. Most likely not for a number of different reasons. This investment took place in 2007, so after 6 years most all claims would be time barred. Also the act of processing a credit card doesn't necessarily provide any proof of any culpable negligence. Best bet is to contact your state's division of securities and hope that after a criminal prosecution ensues you will be awarded some level of restitution you can collect. Good luck.

    Nothing in this answer is intended to be relied upon as legal advice and I make no warranties either express or implied that the information is accurate. Always consult a local attorney.

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