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My credit card company won't give me credit back for fraudulent use. What can I do?

New York, NY |

My credit card company won't refund me or give me credit for nearly $6,250 of fraudulently used credit card charges. The charges seemed to have originated in Russia. I have an auto-pay on my account to payoff the entire balance each month, so I didn't realize the fraudulent charges until the money was deducted from my checking account. I immediately contacted my tried CC company when I noticed it, but it has now been 4 months since I first notified them and nothing has happened and they are still giving me a really hard time. I even tried calling my bank but they say I have to talk to the CC company and that they are not liable for it. What should I do?

Attorney Answers 1


This is a tough situation you're in. You're required to monitor your accounts and report fraud immediately so that the issuing bank on the card can act. Read through your card statements in the fine print for contact information on regulatory agencies that complaints can be reported to. Prepare a simple, straightforward letter explaining what happened, what you did to address it, and why you feel the card company and/or the bank is doing the wrong thing. It will take you time to get an answer. In the meantime, appeal to the card company's and bank's business sense - get a different card and open an account at a different bank, and call to close both. Explain to both representatives on the phone why you are doing what you are doing and see whether they will then be pushed to do something about it to keep you as a customer. The agents that are in charge of closing accounts have a lot of latitude to do things to keep you. I'm fairly certain they will not just credit you back the $6k, but they may push forward an investigation. After doing all of this and maintaining records for same, if all else fails, bring the records to a local attorney and ask whether you may pursue a claim against either.

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