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What happens if someone falsely claims a credit card charge was fraudulent? Can I be Charged?

San Jose, CA |

I used my credit cards for a service that was supposed to be offered in a correct manner, however it wasnt. I used $1600 through paypal and cash advance. I reported it fraud on my credit cards and they have reimbursed it. It was a service not a product or good, and it also came up in their system for fraud detection. What are the laws and penalites for San Jose California? and will the credit card companies report it to local San Jose Police?

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Attorney answers 3


..need more facts appears you admit you committed fraud reporting fraud???
If the services were not provided to you the way that were promised this can be intentional misrepresentation by the provider of the really need to be advised by a lawyer that knows about fraud issues.

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When you report a fraudulent charge to credit card, the card company requires that you fill out a declaration stating that the charge was not authorized by you. You can't claim that a charge wasn't authorized by you simply because you didn't like what product or service you received (or even if you received no product or service) if in fact you authorized the charge. So usually the card company will immediately reverse the charge once you orally claim it was fraudulent and then have you fill out a signed declaration stating that you didn't authorize it. Then the card company will conduct an investigation which includes contacting the merchant and undertaking other investigation. Following this, the card company will often reverse their initial decision if they believe you in fact did authorize the charge. They can and do report incidences where card holders falsely claim they didn't authorize a transaction to police. Law enforcement can then refer the matter to the DA's Office which can file charges against you for fraud which can be charged as a felony. You should certainly consult with local criminal counsel to help you avoid any filing of criminal charges. You should not contact your card company further or make any statements about this incident to law enforcement or anyone else except a criminal attorney. Best of luck.


Was it fraud or not? Did you receive the services or didn't you? Speak to a qualified attorney right away. Civil and criminal penalties could apply. Good luck to you.

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