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If you paid for defective goods or services on your credit card and the merchant will not resolve the dilemma, you can file a dispute with the credit card company employing a procedure referred to as, Claims and Defenses. What are claims and defenses? Claims and defenses are any valid motives you have for not paying a certain credit card charge. They include billing errors, unauthorized charges, and claims that goods or solutions were misrepresented, defective, or not delivered. The credit card business can be held accountable below Federal law (15 USC 1666i). How do I assert claims and defenses? You assert your claims and defenses by writing to the credit card firm displaying that you tried to resolve the issue with the store directly but they refused to remedy the difficulty. Inform them you are withholding payment until the issue is resolved. Are there any limitations on raising claims and defenses? Yes. In order to assert claims and defenses, the acquire need to have been produced in the same state you reside in, or within 100 miles of your property. Also, the amount of the disputed charge have to be much more than $50. If the credit card organization and the company honoring the card are connected, for instance, a division shop honoring its own credit card, this limitation does not apply. This also applies to ads that were integrated in your credit card statement. If Ive currently paid the disputed quantity on my credit card, can I nonetheless raise my claims and defenses? No. After you pay the disputed amount, you can't assert claims and defenses. If you paid only part of the disputed amount, you can nevertheless place a claim in for the remaining balance owed. Can I use claims and defenses for purchases created on the telephone? Yes. If you fall victim to a fraudulent telemarketer, who charges your credit card for worthless vacations, investments, or other goods or services, you can use the claims and defenses process to dispute these phony charges. Can I assert claims and defenses if I location an order by phone with a business in an additional state? If the organization contacted you by phone, the law states that the purchase took place where you received the call. If you really feel the charge is fraudulent, you can refuse to pay and can assert your claims and defenses. If you contacted the out-of-state company by phone, the purchase is normally considered to have taken spot at their location. In that situation, you could not assert your claims and defenses. Is there a time limit for asserting claims and defenses? company web site If you sue for the amount in dispute, you should do so inside a single year of the purchase. However, if the credit card issuer or the retailer sues you, you can raise your claims and defenses at anytime.