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17.CCS
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1992-12-25
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STOPPING A CREDIT CARD PAYMENT
What does it mean to stop a payment on your credit card? It
simply means that you don't pay for the purchase on which
you make the stop payment; it's similar to stopping payment
on a check you've written.
There are three rules that apply when you stop payment on a
purchase: the purchase must be more than $50; the purchase
must have been made within 100 miles of your credit card
mailing address; you must have made a good faith effort to
resolve the problem with the merchant with whom you made the
charge.
When can I use a stop payment? You can use a stop payment
anytime you are not happy with a product or service that you
purchased on your credit card. But remember, you must make a
good faith effort to resolve any disputes with a merchant
before you stop payment.
A good faith effort is not clearly defined, but, it can be
either a telephone call to the merchant, a complaint letter,
or, a visit, in person, to discuss the matter. Once you've
done either of these, the law considers that the good faith
effort requirement has been met. Of course, as always, it's
strongly suggested that you complain to the merchant in
writing using certified mail with a return receipt
requested.
Why must my purchase be more than $50? There is no true
rationale to the rule. Basically, the law under which this
rule is imposed considers a sale of less than $50 to be a
cash transaction. The question one might ask is how to
define a $50 sale.
Let's say you buy two video tapes for $29.95 each for a
total of $59.90. When you bring the tapes home, one of them
is defective. When you bring it back, the store owner blames
the damage on you and refuses to make an exchange or give
you a refund. Here, you've made a good faith effort to
resolve the problem. The cost of the one tape was less than
$50. So, how can you get a refund?
The answer is to stop payment on the entire purchase amount
of $59.90. The credit card company is not going to dissect
the purchase. Truth is, they don't even care, it's not going
to come out of their pocket, not in this scenario at least.
In most cases, when you make a stop payment, the credit
company "charges back" or "sets off" the merchant's account.
This simply means that the bank goes into the merchant's
bank account and takes back the money for the purchase that
it previously paid the merchant.
When you make a stop payment, it comes out of the merchant's
pocket, not the bank's. In our example, if you had a
conscience you could send the merchant a check for $29.95 to
pay for the good tape. Or, you could keep the entire refund
and teach them a lesson in customer satisfaction.
What about the 100 mile rule? Again, to stop payment, which
is also called ■charging back,■ the item must have been
purchased within 100 miles of your credit card billing
address. Here, there is ample leeway in the law; credit card
companies are not going to open a map and measure mileage
every time a consumer complains.
Remember, in most cases they don't really care if you charge
back a purchase because they'll just take the money back
from the merchant who sold you the goods or services.
What about purchases made more than 100 miles from my
billing address? If you live in Boston and you are
complaining about a purchase you made in Las Vegas while on
vacation, you'll have a problem making a stop payment stick.
In this instance you should use the billing error dispute
described in the last section. You can make the claim that
the purchase was not "accepted" by citing any of the reasons
we explained.
What about mail order purchases made from companies more
than 100 miles from my billing address? It is fairly easy to
argue this into the scope of the 100 mile rule. The law
considers the geographical place where the acceptance occurs
as the place where the sale occurred. So, if you make a
purchase in response to a mail solicitation, the sale
occurred where the offer was made and accepted, in other
words, at your home or business mailing address.
If you place an order by telephone, the order is considered
to have occurred at your home or place of business. Also,
mail order companies that advertise 800 numbers or mail
flyers or advertisements are considered to be doing business
in your state. So, any purchases made under these
circumstances would fit the 100 mile rule.
Are there any major exceptions to the $50 and 100 mile rule?
The answer is yes. If you're dissatisfied with a product or
service that is bought from the credit card issuer, or, from
a company owed or operated by them, you don't have to pay
anything -- period. This applies to purchases from stores
like SEARS, J.C. Penny using their store-issued cards, or,
for purchases such as those "special offers" that come with
your monthly statement.
Earlier we mentioned that when you stop a payment, the
credit card issuer will "charge back," which means they
take the amount of the purchase back from the merchant.
Still, you might wonder what happens if a merchant goes out
of business.
The answer is that you still get your money back. Here, the
credit card issuer will take the loss and pay the refund out
of their pocket. They'll do so because it's good for
business. They don't want unhappy customers and bad
publicity. So, if you have a problem with a product or
service that you purchased from an out-of-business merchant
-- complain anyway!
Here's a credit card user's tip for the 1990's. If you are
making a large purchase that involves a deposit, such as
furniture, appliances or jewelry, put it on your credit
card. With these types of stores dropping like flies, many
people are losing substantial cash deposits. If a deposit is
put on a credit card and a store goes "belly up," you can
charge your purchase back and the credit card issuer will
pay the tab.
It's also recommended that you do this when paying for
airline tickets (Eastern Airlines or Pan American ring a
bell?), cruises, advance hotel and car reservations. Let's
face it, sometimes the cruise package, the hotel room, or,
the car that's waiting for you at the airport turn out to be
less than what you were promised over the telephone. If
you've been promised a certain product or service and then
are asked to accept less -- stop the payment.
Complain and complain early. It's important to complain to
both the merchant and the credit card issuer as quickly as
you can. Remember, if you plan to use the billing error
complaint approach, your time is limited to 60 days.
While there is no time limit on a stop payment, the sooner
you complain the better, especially if you are forced to
revert to the billing error method in mid stream. Also, if
you pay your bill, then complain, you've lost some important
leverage. Complain early, complain often!
It can't be stressed enough to complain in writing,
preferably using certified mail with a return receipt
requested. Never send original documents and always retain
the originals. If you must telephone, make notes about the
call, include the date, time, name of the person or persons
to whom you spoke and the details of the conversation.
Be prepared to be persistent. Credit card companies are not
known as the champions of consumer's rights. They'll try to
beat you by tiring you out. Answer their correspondence and
requests for information, but, only answer each request
once. Do not provide duplicate responses to duplicate
requests for information. Yet, merely respond by stating
that the information that they've requested has already been
provided; remember to use certified mail and request a
return receipt as proof.
Exert your rights. These companies are generally very large.
Give them enough rope and they'll eventually hang
themselves. When they do, bring it to their attention and
exercise your legal rights. And they cannot label your
complaints or inquiries as "frivolous." Here, the patient
and knowledgeable consumer definitely has the upper hand.
Unlike stopping payment on a check, there is no charge for
making a billing error complaint, or, for stopping a payment
on a charge. And the law does not set a limit on the number
of times you can complain.
As with a billing error dispute, a credit card issuer cannot
retaliate against you for making a good faith stop payment.
Simply stated, federal law prohibits them from restricting
or closing your account.
You should never feel bad about stopping payment on an
inferior product or service. After all, the bank card issuer
in essence "backs" the merchant when they issue the
merchant's credit card account. It's the credit card
issuer's duty to police their merchant account holders and
protect the consumers.
THE "GOOD FAITH" STOP PAYMENT: There is no time limit
in which to stop a payment. But, the charge must be
for more than $50 and must have been made within 100
miles of your credit billing address. Also, you must
have made a "good faith" effort to resolve the matter
with the merchant. A good faith effort can be made by
either calling, visiting or writing the merchant who
is the object of the complaint. The credit card issuer
cannot charge the credit card holder for making a good
faith stop payment.
* * * End of STOPPING A CREDIT CARD PAYMENT * * *