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Don't you just hate it when you buy a product and
bring it home, only to discover the product is damaged or poorly
made?
To make matters worse, the merchant refuses to replace
it or give you a refund.
If you made the purchase with a credit card, your card company
may be able to help.
Purchase protection -- with
catches
Credit card purchases are protected under the Fair Credit Billing
Act. This law gives the consumer the right to withhold payment on
poor-quality or damaged merchandise purchased with a credit card.
Under the law, you do need to make a real effort to
resolve the dispute with the merchant before you can ask your issuer
to stop a credit card payment. There are a few other catches as
well.
The sale must be for more than $50 and have taken
place in your home state or within 100 miles of your home address.
Few issuers enforce the $50 or 100-mile rule on purchases, but all
are free to do so.
So there's a chance that you'll be able to dispute
credit card charges on shoddy merchandise purchased outside your
home state, over the Internet, by mail order or phone order.
"Many credit card companies will let you dispute
that," says Jeanne M. Hogarth, senior analyst of consumer policies
at the Federal Reserve Board. "Technically, they don't have
to."
Customers presumed right
Because card companies are eager to hang on to their customers,
especially good ones, they'll often go above and beyond what's required
of them by law when a customer is unhappy with a card purchase.
For example, Capital One issues a temporary credit
to a customer's account when a purchase is in dispute. "If
a customer sends a dispute letter, we'll issue a temporary credit
so they won't have to pay for it," says Diana Don Colby, the
director of financial education for Capital One. "We're giving
the benefit of the doubt to the customer."
Capital One then contacts the merchant. If Capital
One agrees with the customer, the refund stands. If Capital One
sides with the merchant, the customer must pay for the item, plus
finance charges.
Some card companies may be less generous when a big-ticket
item is in dispute or if you made the purchase while traveling overseas.
It all depends on the card company and how much they value you as
a customer. They can point to the limits spelled out in the Fair
Credit Billing Act whenever they want to.
"This is goodwill and that's all it is,"
Hogarth says. "At any time a credit card company can fall back
on what's required by law."
Make the law work for you
To get the Fair Credit Billing Act to work for you, here's what
you need to do:
First off, try to resolve the problem with the merchant.
"Give them the chance to fix it. Sometimes they do," says
Cary L. Flitter, a consumer attorney in Narberth, Pa.
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