Chargeback Rights
Written in plain language for general understanding. This is educational content, not legal advice. Based on federal statutes and official sources.
What is this right?
If you paid for something with a credit card and the product was defective, never delivered, or the charge was unauthorized, you have the right to dispute the charge with your credit card company. This process is called a "chargeback."
The Fair Credit Billing Act (FCBA) protects you from unfair billing practices on credit cards. Your maximum liability for unauthorized charges is $50 — and most major card networks (Visa, Mastercard, American Express) offer zero-liability policies, meaning you pay nothing for fraudulent charges. You generally have 60 days from the date of the billing statement to dispute a charge.
When does it apply?
This right applies when:
- You see an unauthorized charge on your credit card statement (someone used your card without permission)
- You paid for goods or services that were never delivered
- You received a product that was significantly different from what was described or was defective
- You were charged the wrong amount or charged more than once for the same purchase
Common misconceptions:
- "Chargebacks work the same for debit cards and credit cards" — No. Credit cards have stronger protections under the FCBA ($50 max liability). Debit cards are covered by the EFTA, which gives you less time and potentially more liability (up to $500 if you wait more than 2 business days to report).
- "I can dispute any charge I regret" — No. Chargebacks are for billing errors and unauthorized charges, not buyer's remorse. Disputing a legitimate charge can result in your claim being denied and could be considered fraud.
- "The merchant always loses a chargeback" — Merchants can fight chargebacks by providing evidence the transaction was legitimate. The card issuer reviews both sides before deciding.
What should you do?
Step 1: Contact the merchant first. Many disputes can be resolved directly — ask for a refund, exchange, or credit. Keep records of your communication attempts.
Step 2: If the merchant will not help, contact your credit card issuer. Call the number on the back of your card or log into your online account. Most issuers let you dispute charges online, by phone, or by mail.
Step 3: Send a written dispute to your card issuer within 60 days of the billing statement date. Include your name, account number, the dollar amount, and an explanation of why the charge is wrong. Send by certified mail to the "billing inquiries" address (not the payment address).
Step 4: The card issuer must acknowledge your dispute within 30 days and resolve it within two billing cycles (no more than 90 days). While investigating, they cannot try to collect the disputed amount or report it as delinquent.
Step 5: If the issuer rules in your favor, the charge is removed. If they rule against you, they must explain why in writing and you can request the documents they used to make their decision.
What should you NOT do?
Don't wait too long. You have 60 days from the billing statement date to dispute a charge under the FCBA. After that, you lose your federal dispute rights (though your card issuer may still help voluntarily).
Don't dispute legitimate charges. Filing a chargeback on a purchase you actually made and received is called "friendly fraud." Merchants can fight back, and repeated false disputes can result in your account being closed.
Don't throw away documentation. Keep receipts, order confirmations, emails with the merchant, photos of defective products, and tracking information. This evidence supports your dispute.
Don't use a debit card for large purchases when possible. Credit cards offer much stronger dispute protections than debit cards. With a debit card, the money leaves your account immediately, and getting it back takes longer.
How New Jersey differs from federal law
New Jersey provides strong consumer protections that supplement federal chargeback rights:
- NJ Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.): Prohibits deceptive, unconscionable, and fraudulent business practices. Successful claims can recover treble (triple) damages plus attorney's fees and court costs.
- Refund policy requirements: Under NJ Admin. Code 13:45A-16B.2, merchants must clearly post their refund and exchange policies. If not posted, the customer is entitled to a full refund within 20 days of purchase.
- Gift card protections: NJ prohibits expiration dates on gift cards and limits inactivity fees (N.J.S.A. 56:8-110 et seq.).
- Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) (N.J.S.A. 56:12-14 et seq.): Merchants cannot include terms in contracts that violate consumer rights. Violations result in a minimum $100 penalty per violation plus attorney's fees.
Additional Steps in New Jersey
File complaints with the NJ Division of Consumer Affairs at njconsumeraffairs.gov or call (800) 242-5846. For Consumer Fraud Act claims, consult a consumer protection attorney — these cases often qualify for treble damages.
Relevant Law: N.J.S.A. 56:8-1 et seq. (Consumer Fraud Act), NJ Admin. Code 13:45A-16B.2 (refund policies), N.J.S.A. 56:12-14 et seq. (TCCWNA)
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