How to legally dispute internet transactions

How to legally dispute internet transactions How to legally dispute internet transactions How to legally dispute internet transactions How to legally dispute internet transactions

From a practical perspective, transactions that occur over the Internet can face similar issues that regular business transactions may encounter in their daily operations. However, e-commerce transactions have the added problems associated with cyberspace laws. It is nearly impossible for a business to be successful these days without having a website. Although, not all websites actively conduct business over the Internet, however, e-commerce related issues and disputes may arise from having an online presence.

What issues and disputes face e-commerce transactions?

E-commerce transactions have created a new environment for companies that conduct their business on the Internet. For example, contractual and non-contractual issues, such as free speech, consumer protection, and competition laws now face businesses that ship products, provide online goods/services, and use the Internet for marketing. Therefore, conducting business online involves unique legal concerns that is distinct from traditional business models. In sum, the concerns are centered on privacy, security, and regulation.

What forms of resolutions are available?

Litigation is the first choice when attempts to reach a reasonable solution is unsuccessful. Various attempts to correct a wrong before litigation include: (a) credit card charge-back mechanisms; (b) merchant complaint resolution mechanisms (e.g., alternative dispute resolution agreements); and (c) complaints to governmental authorities, consumer protection agencies, and small claims courts. In fact, cross-border transactions create jurisdictional issues. It is remarkable that e-commerce transactions allow a larger number of multi-state and multi-national transactions to occur every day. As a result, litigation has occurred in both domestic and international courts, which can mean that state, federal, or international laws are applicable. As stated above, online anonymity is an important issue in terms of litigation because it can be difficult to identify and locate the individual who is in violation of the law. This form of anonymous activity is particularly prevalent in defamation and online fraud cases. In order to receive guidance on how to initiate or prevent litigation, it is best to consult with legal professionals who are adept in the field of e-commerce.

At our law firm, we assist clients with legal issues related to business, technology, and e-commerce transactions. You may contact us to set up an initial consultation.

This article was edited and reviewed by FindLaw Attorney Writers | Last updated May 03, 2016

The Internet is an interstate and international medium. But does operating a Web Site mean that the operator is subject to personal jurisdiction in courts wherever the Site is accessible? The answer obviously is no. This outline describes the types of activity that likely will permit a court to exercise personal jurisdiction over an Internet actor, consistent with the due process clause of the United States Constitution.

The Evolving Test for Jurisdiction
Interactive Use v. Passive Use

Although no bright-line test exists, most courts have applied an “interactive-passive” distinction when determining personal jurisdiction over someone operating a Web Site. Generally, courts have conferred personal jurisdiction in cases where “interactive” uses of the Internet have taken place within the state. Interactive contact encompasses two-way online communication which fosters an ongoing business relationship, while “passive” contacts are those that simply make information available to interested viewers. A Web Site can be characterized as interactive if business transactions can be conducted over the Internet or if information can be exchanged with users for the purpose of soliciting business. In making an “interactive vs. passive” determination, the greater the commercial nature and level of interactivity associated with the Site, the more likely it is that the Web Site operator is “purposefully availing itself” of the forum state’s jurisdiction.

Courts generally have declined to assert personal jurisdiction solely on the basis of Web Site advertising. However, courts have exercised jurisdiction over Web Site operation where additional and more active contacts with the forum took place, such as Internet sales to the forum residents, conducting business in the forum state through numerous contacts, or entering into specific dealings with forum residents.

In cases where the operator maintains a passive Web Site that merely makes information available for browsing, courts have been hesitant to exercise personal jurisdiction (finding an insufficient basis to assert jurisdiction where the defendant’s Web Site simply posted the future availability of his services and never sought to contract with the residents of the forum state). The seminal case in this regard is Bensusan Restaurant Corp. v. King, 126 F.3d 25 (2d Cir. 1997.) See, also, Hearst Corp. v. Goldberger, 1997 WL 97097 (S.D.N.Y. 1997.) In Bensusan, a trademark infringement case brought by the Blue Note Club in New York against a similarly named club in Missouri, a federal court declined to assert personal jurisdiction in New York because the Web Site operator received no revenue from the forum state, did not advertise in the forum state, and did not even disseminate a telephone contact number to the residents of the forum states. The site only provided general information about shows and ticket sales and its Missouri location, but did not permit on-line purchases. The result in Bensusan supports the principle that the simple creation of a general access Web Site, without more, is an insufficient basis to find “purposeful availment” directed towards a forum state as required by constitutional standards. Bensusan; International Shoe Co. v. Washington, 326 U.S. 310 (1945); See also K.C.P.L., Inc. v. Nash, 1998 WL 823657 (S.D.N.Y. 1998) (announcing the future availability of services on a Web Site will not subject a Web Site owner to personal jurisdiction absent a showing that the Web Site owner actually sold his products in the forum state); Cybersell, Inc. v. Cybersell, Inc., 130 F.3d 414 (9th Cir. 1997) (noting that “no court has ever held that an Internet advertisement alone is sufficient to subject the advertiser to jurisdiction in the plaintiff’s home state.”)

The Middle Spectrum: Neither Interactive nor Passive

One end of the spectrum of judicial decisions involves holdings that financially-motivated, interactive contacts with a foreign state will give rise to personal jurisdiction; the other end of the spectrum reflects holdings that a strictly passive, informational Web Site will not give grounds to assert jurisdiction. Many cases have fallen in the middle, being neither strictly interactive nor passive. These cases include situations where a defendant operates an informational Web Site, but also allows a user to exchange information with the host computer by providing an e-mail address, a toll-free telephone number or other forms of activity that would enable an ongoing relationship with the user to emerge or the opportunity to solicit business in the future. In these instances, courts have examined a variety of other factors in determining the level of interactivity and the commercial nature of the exchange of information that occurs on the Web Site.

For example, in Rannoch, Inc v. Rannoch Corporation, 52 F. Supp. 2d 681 (E.D. Va. 1999), even an interactive Web Site accessible in Virginia was an insufficient basis upon which to base personal jurisdiction where there was no evidence that the Internet activities were directed at Virginia and no evidence of actual use of the Web Site by Virginia residents.

By contrast, in Inset Systems, Inc. v. Instructions Set, Inc., 937 F. Supp. 161 (D. Conn. 1996), the only activity that the Web Site operator engaged in besides maintaining its Internet Site was providing a toll-free number on the Site. Although seemingly innocuous, the court perceived the toll-free number as an attempt to solicit business in the forum state and extended personal jurisdiction over the defendant. Similarly, in Heroes, Inc. v. Heros Foundation, the district court found that a charity organization purposefully availed itself of the privilege of doing business in the forum state by expressly soliciting donations and providing a toll-free number on its Internet Web Site. And, in Minnesota v. Granite Gate Resorts, a criminal case, the court conferred jurisdiction based on the number of “hits” that a Web Site received, the number of different locations within the forum states that accessed the Web Site, and the fact that the Web Site’s mailing list included residents of the forum state.

Absent actual business transactions in the forum state, or evidence that residents are targeted, the distinction between active and passive contact becomes blurred in the context of interactive Web Sites that allow users to exchange information with the host computer. Courts generally have followed a pattern of not extending personal jurisdiction where the Web Site operator simply provides an informational Web Site that can be accessed in the forum state, but which does not serve as a platform for soliciting business or conducting electronic commerce. As the Internet evolves, so will the body of Internet law — including that relating to personal jurisdiction.

How to legally dispute internet transactions How to legally dispute internet transactions How to legally dispute internet transactions How to legally dispute internet transactions

From a practical perspective, transactions that occur over the Internet can face similar issues that regular business transactions may encounter in their daily operations. However, e-commerce transactions have the added problems associated with cyberspace laws. It is nearly impossible for a business to be successful these days without having a website. Although, not all websites actively conduct business over the Internet, however, e-commerce related issues and disputes may arise from having an online presence.

What issues and disputes face e-commerce transactions?

E-commerce transactions have created a new environment for companies that conduct their business on the Internet. For example, contractual and non-contractual issues, such as free speech, consumer protection, and competition laws now face businesses that ship products, provide online goods/services, and use the Internet for marketing. Therefore, conducting business online involves unique legal concerns that is distinct from traditional business models. In sum, the concerns are centered on privacy, security, and regulation.

What forms of resolutions are available?

Litigation is the first choice when attempts to reach a reasonable solution is unsuccessful. Various attempts to correct a wrong before litigation include: (a) credit card charge-back mechanisms; (b) merchant complaint resolution mechanisms (e.g., alternative dispute resolution agreements); and (c) complaints to governmental authorities, consumer protection agencies, and small claims courts. In fact, cross-border transactions create jurisdictional issues. It is remarkable that e-commerce transactions allow a larger number of multi-state and multi-national transactions to occur every day. As a result, litigation has occurred in both domestic and international courts, which can mean that state, federal, or international laws are applicable. As stated above, online anonymity is an important issue in terms of litigation because it can be difficult to identify and locate the individual who is in violation of the law. This form of anonymous activity is particularly prevalent in defamation and online fraud cases. In order to receive guidance on how to initiate or prevent litigation, it is best to consult with legal professionals who are adept in the field of e-commerce.

At our law firm, we assist clients with legal issues related to business, technology, and e-commerce transactions. You may contact us to set up an initial consultation.

Use our helpful online banking guide to learn how to submit a transaction dispute using the NAB app or internet banking. It’s easy and only takes a few minutes.

Choose a device

Follow the steps in one of the guides below to help you dispute a transaction you don’t recognise.

Step 1

Log into the NAB app on your device.

How to legally dispute internet transactions

Step 2

Tap an account to view transactions.

How to legally dispute internet transactions

Step 3

Tap the eligible transaction you want to query.

How to legally dispute internet transactions

Step 4

View more details about the merchant like their website and location to help recognise the transaction.

How to legally dispute internet transactions

Step 5

If you (and any secondary card holders) don’t recognise the transaction, scroll down and tap Something not right?

How to legally dispute internet transactions

Step 6

Tap Dispute this transaction to start a dispute.

How to legally dispute internet transactions

Complete

Tap Get started and follow the prompts to lodge a dispute.

How to legally dispute internet transactions

Android

Step 1

Log into the NAB app on your device.

How to legally dispute internet transactions

Step 2

Tap an account to view transactions.

How to legally dispute internet transactions

Step 3

Tap the eligible transaction you want to query.

How to legally dispute internet transactions

Step 4

View more details about the merchant like their website and location to help recognise the transaction.

How to legally dispute internet transactions

Step 5

If you (and any secondary card holders) don’t recognise the transaction, scroll down and tap Something not right?

How to legally dispute internet transactions

Step 6

Tap Dispute this transaction to start a dispute.

How to legally dispute internet transactions

Complete

Tap Get started and follow the prompts to lodge a dispute.

How to legally dispute internet transactions

Desktop

Step 1

Log into internet banking.

How to legally dispute internet transactions

Step 2

Click on an account to view transactions.

How to legally dispute internet transactions

Step 3

Click the eligible transaction you want to query.

How to legally dispute internet transactions

Step 4

View more details about the merchant, like their website and location, to help recognise the transaction.

How to legally dispute internet transactions

Step 5

If you (and any secondary card holders) don’t recognise the transaction, scroll down and click Dispute this transaction

How to legally dispute internet transactions

Complete

Click Get started and follow the prompts to lodge a dispute.

How to legally dispute internet transactions

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Is there a transaction on your debit card, credit card or Travel Money Card that you don’t recognise? Unauthorised digital fraud or scam transaction? Or an issue with something you’ve purchased? Here’s what to do.

The process at a glance

  1. Check that the transaction can be disputed
  2. Wait for the transaction to be fully processed & prepare supporting documents
  3. Dispute is initiated on your behalf
  4. Get a resolution and your account credited if your dispute is successful

You’ll need to contact us as soon as you decide to lodge a dispute. If you take too long to raise a dispute from the date the transaction occurred, we may lose any chargeback rights we have under Mastercard and Visa scheme rules. 1

Dispute checklist

I don’t recognise the transaction

To determine if you’ve identified an unauthorised or fraudulent transaction on your account, first check:

  • Was the purchase made by a family member or any other cardholder authorised to use the account?
  • Could the merchant be trading under a different name
  • Was the transaction made in a foreign currency and converted into Australian dollars?
  • Is the transaction a regular membership, subscription fee or app download?

To review the transaction in more detail, click on the transaction in the CommBank app or NetBank, as it may be under a different date/time or business name. You can also ‘ask about this transaction’ using Ceba who can see if similar transactions have been made on your account and guide you.

Still don’t recognise it?

See the ‘How to raise a dispute’ section below. You may also want to:

Keep your account safe in the meantime

For extra control and security, put a temporary lock on your debit card or credit card. For Corporate Cards, you can contact 13 1576 to temporarily block or permanently stop your card account.

To continue making payments, if you have an Everyday Account, you can use Cardless Cash in the CommBank app to make ATM cash withdrawals. And if you’re already set up with a mobile wallet, you can still use your phone to make payments more securely. 2

I have an issue with something I’ve purchased

You may be able to raise a dispute if the issue falls under one of the following categories:

  • You’ve been charged multiple times for the same purchase
  • You were charged the wrong amount for your purchase
  • You didn’t receive the goods and/or services you paid for
  • The goods and/or services you paid for weren’t as described, or defective

However, a dispute cannot be raised for the following issues, and only the business can resolve:

  • Refunds or exchanges if you change your mind
  • Membership or monthly subscription enquiries
  • Issues with software you’ve downloaded

Have an issue you can raise with us?

See the ‘How to raise a dispute’ section below. You may also want to:

Contact the merchant you purchased from

For any of the above issues, it’s useful to get in contact with the merchant you purchased from and document the discussion, as this can help us address your dispute faster.

You should also gather receipts, photographs of the item if it’s not as described, and the business’ contact details, as we may ask you for supporting documentation.

How to raise a dispute

If you still don’t recognise the transaction and want to raise a dispute with CommBank, here’s how to contact us:

  • For debit cards, credit cards, and unauthorised fraud and scam disputes, message us via the CommBank app
  • For Travel Money Cards,follow our instructions on sending a dispute form

What happens when you contact us

  • If any disputed transactions are still in pending, these will need to be fully processed before we can initiate a dispute on your behalf. It generally takes 3 to 5 business days to process a transaction, although it can take up to 10 business days 3 . Since some transactions drop off (e.g. pre-authorisations for car hires and hotel reservations), you may want to wait until the transaction is processed before contacting us where we can raise a dispute on the spot
  • For unauthorised transactions, we’ll have to cancel your card to protect your account from further fraudulent activity and send you a new one. Since we’re cancelling your card, you may need to review any scheduled payments and organise to have them paid from a different account
  • For unauthorised transactions relating to digital fraud and scams, we’ll have to lock your NetBank to protect your account from further fraudulent activity. Please visit our digital fraud and scam pages for more information.

Message us for a quick response

Get instant answers from our virtual assistant, or connect to a specialist to discuss your options. Make sure you have notifications for the CommBank app turned on.

How to legally dispute internet transactions

Getting a resolution

We’ll keep you updated

Once you’ve contacted us to raise a dispute, you can expect the following from us:

  • We’ll work hard to resolve your issue as quickly as possible
  • We’ll either send you a letter or email confirming the outcome of our investigation
  • If you have the CommBank app, you’ll receive notifications about your dispute
  • If you use NetBank, you’ll receive inbox messages when there are any updates regarding your dispute

How long will it take?

In addition to the time taken for any pending transactions to be processed so we can initiate a dispute:

  • Quick decision (3 business days) – We endeavour to resolve most disputes within 3 business days, which is when you should see the money back in your account if your dispute is successful
  • Further investigation (10 business days) – How long it takes to resolve a dispute depends on the complexity of the dispute and whether a merchant decides to challenge your claim. Some dispute investigations can take 10 business days, and we’ll contact you if it is any longer 4 .

INSPER (Institute of Education and Research) course on blockchain taught by Tatiana Revoredo will present Jur as a laudable case of blockchain application in business.

Jur has been invited to present a case on the use of blockchain in the legal ecosystem by Tatiana Revoredo, from the INSPER Institute.

Our CLO Raffaele Battaglini has given the future INSPER’s students a video-speech about Jur.

Moreover, you can read more about Jur in Tatiana’s words, listed below. Let us know what you think about it in the comments section!

As blockchains store tamper-proof and transparent data, the technology is being used beyond simply keeping records of crypto transactions. — Tatiana Revoredo.

In fact, blockchains allow the transaction of other forms of information and value. Blockchain-based protocols enable additional technologies to process “small computer codes” — what technologists called “smart contracts”.

Would you conduct a business transaction with someone you have never met and therefore do not know or trust?

Would you become an investor in a small business located in a foreign country?

Would you agree to lend money to a stranger, such as a farmer in Bolivia, a teacher in Singapore, or a railroad worker in the UK?

The answer in all the cases mentioned is probably no, as the cost of establishing the legal contract necessary to secure your transaction is very high.

Signing or settling a contract in these situations using an intermediary (a traditional trust validator) requires the payment of substantial fees.

Not to mention the “speed” that business transactions have acquired with the advent of the Internet and the rise of the Digital Economy, or as some prefer Web Economics (a new way of doing business that uses information and technology as facilitators of communication, data transfer and business transactions).

At this stage, the essence of Web Economics is network business models (such as Amazon, eBay, Uber, Apple, among others) that demand a solution for the high speed of business transactions on the Internet, and the high costs involved in formalizing a relationship between people, institutions and assets in a hyperconnected and globalized world.

Smart contracts bring a solution to these problems.

Smart contracts can formalize business relationships on the Internet by automating trust with speed, efficiency and cost savings.

It is in this scenario that Jur emerges. An ecosystem that is designed to cover the entire life cycle of a business transaction, from contract creation to dispute resolution.

Thinking about optimizing business and transactions, as well as reducing time and costs for the parties, the Jur platform simplifies dispute resolution systems.

With an arbitration proceeding in accordance with the New York Convention and the principles of the UNCITRAL Model Law, Jur provides a legally binding mechanism whose decisions will be enforceable before national courts.

United Nations Commission On International Trade Law | United Nations Commission On International…

Vienna International Centre, UN Photo by Mark Garten In an increasingly economically interdependent world, the…

Putting it all online, the Jur blockchain solution has a number of advantages:

  • Full automation — through an arbitration process conducted entirely over the Internet;
  • Time saving — parties and arbitrators do not need to travel from their respective offices and countries;
  • Cost savings — eliminating travel expenses.
  • Scope: The system is designed to be globally accessible and legally binding and valid in over 150 countries around the world.

Backed by blockchain technology, Jur’s Court Layer provides a digitized arbitration procedure that can be adopted by arbitration chambers or other entities wishing to establish arbitration centres.

The Court Layer is powered by the JUR token as well as the entire Jur ecosystem.

The choice of the arbitrator (or the arbitrators), in turn, is made randomly, using a blockchain-based algorithm, which allows the parties to audit the selection and check if it happened at random without possible third party intervention.

The Court Layer is very interesting because it brings transparency and impartiality to the procedure.

On the other hand, the Jur platform has also thought of the smoothness of its system, proving to be an anti-fraud platform, as the resilience provided by the blockchain ensures that no one can change the information about the process that is stored along with a hash to confirmation.

There is also a decentralized review mechanism implemented, conducted by arbiters randomly selected from other Arbitration Poles to evaluate provisional drafts of the arbitration report before they become final and binding judgments.

This decentralized review mechanism provides an objective rating / reputation mechanism that assesses the quality of judgments and creates objective competition between different private jurisdictions.

When it comes to applying smart contract technology, on its platform called the Jur Marketplace, users can purchase contract templates or create “Smart Legal Contracts” from scratch in the Jur Editor.

Smart Legal Contracts are the result of combining natural language written contracts with code language smart contract software to automate obligations and performance.

All of these features will be accessible to users through the Jur Platform and are intended to cover and simplify the initial phase of business transactions, i.e. the creation of contracts.

Finally, Jur is made up of a top-tier team, which is detailed in the Appendix to the White Paper entitled ‘Jur People’, such as CEO Alessandro Palombo (Ph.D. in Administrative Law and Master’s Degree in Global Regulation of Markets), CLO Raffaele Battaglini (attorney, qualified to practice law in Italy, co-organizer of Legal Hackers Torino, founder of Battaglini-De Sabato Law Firm), and Blockchain Architect Adam Dossa (free of charge from Oxford University, with a math degree, and worked with blockchain organizations including Polimath, Aragon, Specter.io and many others).

In this context, Jur’s blockchain solution is an example of Business Strategy, which is well suited to the high speed of business transactions on the Internet, and reduces the high costs involved in the entire life cycle of a business transaction, from contract creation until dispute resolution. — Concludes Tatiana Revoredo .

More about the author:

Tatiana is a Blockchain Strategist by the University of Oxford, and by MIT. Cyber-Risk Mitigation Specialist by Harvard University. Liaison at European Law Observatory on New Technologies. Invited by the European Parliament to the Intercontinental Blockchain Conference. Founding Member of Oxford Blockchain Foundation. Blockchain Teacher @ Insper & Nextlaw Academy.

INSPER (Institute of Education and Research) is a globally-ranked school of business, economics, and engineering in Latin America, located in São Paulo, Brazil.

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How to legally dispute internet transactions

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How to legally dispute internet transactions

How to legally dispute internet transactions

It can be frustrating and stressful when you find errors or unexpected charges in your bank or credit union account. In an ideal world, you don’t need to pay attention to every transaction, and you can focus on more important things. But mistakes and fraud happen, and you may need to dispute transactions in your bank account.

It is possible to handle a bank dispute efficiently. Here’s why you might need to dispute charges and what to expect when you do, so you can complete the process as smoothly as you can.

Key Takeaways

  • If you see an error in your bank account, it’s often your responsibility to notify your bank.
  • It’s critical to act quickly to protect your rights and finances. If you don’t, you could be responsible for the charge.
  • Gather details about the transaction you’d like to dispute, and report that information to your bank via phone or online chat system.
  • You may need to submit your request in writing, such as via email, or visit a branch in person.
  • While this can be a tense situation, you’ll likely get the best results when you communicate clearly and directly.

How To Dispute a Transaction With Your Bank

You might find unwanted or unexpected transactions in your bank or credit union account for several reasons. For example, when your bank makes an error, you could see charges you’re not responsible for. You could also find that a deposit never cleared in your checking account. Fraud is another cause of transactions you need to dispute. If somebody steals your bank information, you’ll need to contact your bank to avoid paying unnecessary charges.

It may be possible to fix problems without disputing charges with your bank. For example, if a store or business charged you the wrong amount for a product or service, consider contacting the merchant to resolve the issue.

Be Prepared With Specific Information

You need to provide specific information when you dispute activity in your bank account. Organize your thoughts and prepare the following information:

  • Your name and account number
  • The date and amount of the transaction
  • The rationale for why the transaction is not valid
  • What you’d like the bank to do to fix the problem (cancel the charges or issue a new debit card, for example)

Any additional supporting documentation may be helpful. For example, if you have a receipt that shows an amount different from the amount reflected in your account, you can give the bank a copy to prove your claims.

Act Quickly

Under federal law, you have 60 days to notify your bank of any problems—and sooner is better. After that, you’re responsible for all charges in your account. The clock starts ticking when your bank provides the statement that includes the error or fraud.

It’s crucial to file a claim as soon as you’re aware of a problem. Doing so can help protect your rights and reduce financial losses. If you lose your debit card, you can limit your loss to up to $50 if you report the problem within two days. However, your liability increases up to $500 after two days. And if more than 60 days pass after your bank provides a statement with the transactions in question, you’re responsible for all the charges.

Contact the Bank

If you suspect fraud in your account, contact your bank immediately. Acting quickly can prevent additional charges and protect your rights, so it’s best to call your bank or chat with a customer service agent online to report the problem. You may be able to report problems online through automated systems, but speaking with a banker may help you identify critical next steps.

When erroneous charges are not a result of fraud, you still need to report the problem, and you can often do so by phone or via online forms. Depending on the type of dispute you’re filing, you might not be allowed to use an automated form, and you’ll need to speak with a bank employee.

If you notify your bank or credit union of a problem by phone, you may need to follow up with a written report. Ask a bank representative what steps are required.

Be Direct and Clear

It’s frustrating to see money leave your account, and the domino effect can lead to additional headaches. That said, the top priority is to fix the problem so you can prevent further damage to your finances and move on with your life.

You’ll likely be working with customer service representatives to resolve the issue. You may get the best service by being polite and acknowledging that the person you’re speaking with didn’t cause the problem. That doesn’t mean you need to be happy about the situation, but if you want the issue resolved, try to address the problem directly.

Be prepared to explain your situation several times, and expect to have your issue escalated through several departments (such as a fraud department or another problem-fixing area); the first person you speak to may not be the right person to help resolve the issue. Whomever you speak to, be clear and direct in the way you communicate to help expedite the solution.

Take Notes

Document every conversation you have about your dispute. Ask for the name and title of every person you talk to, and note the dates and times of each discussion. If you submit your claim online or chat with customer service representatives, take screenshots or pictures of your computer or phone screen so you can review everything later and use it as proof.

What Happens After the Bank Dispute Is Resolved?

Once the issue is resolved, your bank may keep a record of the claim you filed for a certain period of time. For example, Bank of America allows customers to see their claims history on the website for up to 120 days after the claim is closed. Keep a close eye on your bank account moving forward to ensure the same error doesn’t happen again.

Frequently Asked Questions (FAQs)

Do banks investigate disputes?

Banks typically have 10 days to investigate your claim and notify you of the findings in writing. If the bank cannot complete the investigation during that time, you may receive a temporary credit while the review continues (although the bank is not required to issue one). Then, banks have 45 to 90 days to conduct an investigation and issue a final determination.

How do you write a dispute letter to a bank?

Ask your bank where to send the letter and what the requirements are in your situation. Include your name, account number, contact information, and details about the transaction, such as the date, amount, and source (the merchant or biller name, for example). Finally, explain why the transaction is not accurate. Keep a copy of the letter for your records.

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  • Disputing Debts: How Can You Dispute Online Gambling Transactions
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How Can You Dispute Online Gambling Transactions

My question involves collection proceedings in the State of: California

I admitted that I have Slots-addicted. Gambling problem.
After I lost everything. I realized it is time for me to get back before too late. In order to gain back control I need to clear my path. So I decided to dispute the online casino transaction
Started with American Express Serve ( the total amount of $4900- 91 transactions)
In April 9th.
I first contact with Amex account services to file dispute. Instead of doing all at once, I began with 25 transactions with total over $1,600. During the process I mentioned the merchants showed up on my account are unfamiliar and they are not the one that I associated with. My documents ( declaration of Fraud) that I sent in have been denied 3 times. Yet the investigation still on going.
April 23rd, I called them to ask about the process, but this time. I pointed straight that those are the online gambling transactions.
And claimed that the transactions supposed to bill under casino transaction so I can file Win/Loss on year tax, but they were not, it showed up on my account is somewhat online stores from China selling beauty & nails stuff that I never ever interested in not to mention I have no favor when it comes to china made.
According to the account holder agreement, if the investigation is continued. The Amex Serve will provision credit back to my accounts. Therefore, in April 29, out of $1600 the Amex Serve provision credit back to my account $10.89!
And claimed that because my documents are rejected. So it took them another 45 days to finish the investigation!
(My docs are clear and specific details however they told me they got the docs Blank with no images twice)
I’m seeking advice for what to do with this kind of */***** finance institution.
When I’m honest with them, and their act is the same as those fraudulent merchants. Despite they charged me like $90 per month for those transactions. I also mention that I dont need the fee back, Im targeting in those merchants not them.

Re: Dispute Online Gambling Transactions. Seeking Legal Advice

So why do you think it’s OK to defraud AMEX because you have a gambling problem? You’re making your gambling issue into a criminal issue. You need to stop committing crimes and get professional help for your psychological problems.

Re: Dispute Online Gambling Transactions. Seeking Legal Advice

That was the bad.
Here comes the ugly
The walmart money card ( Master Card)
The total of $2,259 out of 65 transactions from Feb 25-April 19.
April 5
I first started with $680 dispute.
In the documents I sent in Includes some of the email receipts from casinos. They showing different than the one that posted on the statement. After 7 days. They provision me back $540 and $203 returned from the casino ( they returned on a different card- same Company- GREEN DOT BANK).
Then on April 19 I go ahead and started to dispute the rest of $2,259
However, Today I got a letter from Walmart moneycard. That my 1st dispute is declined and it was a correct transactions.
I called the dispute department and asked the agent the details. She told me the merchants showed percisely evidence ( that I actually purchased beauty stuff and nails stuff from them) I asked her
” did you know that last time I mentioned those charge are from the offshore casinos”
And if ” I happened purchased those items from that fake online stores. Where is the tracking numbers and when did I received those” she keep confirmed that the investigator when contacted the merchants and they showed the receipts.
So I told her it is illegal for a finance institution to approve those vendors used by offshore casinos because its a money laundrying activities. And you have to be very careful. She kept insists that they were legitimate
In this point, what should I do. Because I have a greendot card needs to be dispute ($700) the chime bank ( $560) and they all under the same company
Green dot bank.
I wonder if the Indian accent bank is related with these online casinos, if not why they kept protected those merchants yet their favorite customer ( they charge like $100+ each month/card)
* so at this point, where could I go to report those offshore merchants, where could I filed a pursuit against green dot bank for taking these merchants illegally. And denied my legitimate dispute.
Thank you so much. Every opinion, every comment will be very helpful to me.
I quit gambling. I just need to clear it path.

Recover-Sober-addiction-let it burn

Under the law Im no criminal. Only the Judge could determined Im guilty or not. What are you?

flyingron: Under the law Im no criminal. Only the Judge could determined Im guilty or not. What are you?
FlyinhJudge?

Re: Dispute Online Gambling Transactions. Seeking Legal Advice

Eh? Not judging, but I can’t recommend that you commit crimes in order to ameliorate your gambling problems.
Nor can we give out advice here on how to commit crimes. That in itself is criminal.
I’m not sure what you expect of us.

Re: Dispute Online Gambling Transactions. Seeking Legal Advice

If the charges are valid and your only issue is the name of the company is not what you expect, or truthfully, what you want it to be, claiming the charges are fraudulent is fraud on your part. Yes, that is criminal.

You did authorize the charges in question (from what I garnered from lightly reading your posts). That means they are not fraudulent. If you believe the bank is not complying with the laws in place, sue the bank.

Your real real problem isn’t the bank. It is you and you attempting to demand the bank repay you for your gambling losses. I suggest you go to gamblers anonymous and let them explain how trying to blame others for problems you caused is not healthy and a sign you will fail in your attempts to stop gambling. Only when you accept your own actions have placed you in the position you are in will you truly be headed down the path of recovery.

Re: Dispute Online Gambling Transactions. Seeking Legal Advice

GA is a start, but twelve step is entirely spurious in long term outcome. You need professional help.

Dispute a transaction

Charge errors happen and you can dispute them online. Here’s how:

  1. How to legally dispute internet transactionsAfter signing in, find and select the transaction you are concerned about
  2. How to legally dispute internet transactionsReview the transaction details and click Dispute Transaction to start the process
  3. How to legally dispute internet transactionsAnswer a few questions, review your responses and click Submit dispute
  4. How to legally dispute internet transactionsTrack your dispute in the Account Menu under Account Services
  5. How to legally dispute internet transactionsThe Dispute Tracker will show you Open and Closed disputes as well as the status

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In the era of globalization and the new digital-driven era of globalization, businesses face legal issues in international business transactions. Globalization and the digital age have created new business opportunities worldwide but at the same time they have given rise to new legal issues, particularly with respect to the form of contracts and enforceability of contracts made and carried out across borders and electronically.

Today, whether you are in the United States or in China you can accomplish common business transactions with the click of a button, and contracts can be made and carried out entirely online. Aside from e-commerce companies, other companies involved in international business transactions face similar legal challenges. But before we address some of the legal issues prevalent in the international business arena, it is important to discuss international business transactions.

An international business transaction is any type of deal between parties from at least two different countries and such transactions can include sales, licenses, and investments. An e-commerce transaction can be an international business transaction. In general, the parties to international business deals include individuals, small and large multinational companies, and even countries. The contracts for goods and services entered into by the parties, create at times legal issues. Goods are sold against letters of credit, guarantees and post arrival payments, and all these segments of the international sale and purchase create legal binding contracts. When something goes wrong with the transaction, legal issues such as jurisdiction, applicability of law, interpretation and enforcement of judgment arise from the contract.

The most important legal issues in international business transactions include:

Choice of law. In the case of private parties to an international business transaction, the emerging issues are generally governed by conflict of laws principle where the law of the place of domicile determines the jurisdiction. If the contract specifies which country and court has jurisdictions in case of disputes, then a court would respect a contract’s choice of law clause. For example, in a contract for sale of goods, a U.S. manufacturer of shoes and a Spanish retail can decide that either American or Spanish law governs the transaction. Alternatively, they can also choose the law of a third country to regulate the deal. However, most legal systems do not enforce the latter choice unless the transaction has some connection with the third country. Therefore, it is important for parties to an international business contract to be careful when agreeing to the terms and conditions of the contract specifying the applicable law and jurisdiction to settle the disputes. However, general principles of international law such as the United Nations Convention on Contracts for the International Sale of Goods, Uniform Commercial Code and UNIDROIT do become applicable.

• Form of contract. The online companies publish on their website documents containing “terms and conditions of use” or “terms of service.” These documents are a new form of contract that arose in the internet age and are in essence contracts of adhesion (a contract drafted by a party in a position of power, leaving the other party to accept or decline all of the offered services). These documents while disclaim or limit liability are viewed with increased judicial scrutiny by courts and may not stand up to a legal challenge. However, the software industry gave rise to a new form of contract known as “shrinkwrap” agreements. Shrinkwrap agreements are made when the offeror (the software company), lists terms of use and other requirements on its packaging, and the offeree (the other party) manifests his or her acceptance by opening the plastic wrapping around the package. These agreements have evolved to require the customer to manifest acceptance by engaging in an intentional activity such as clicking the “I agree” button. As long as these agreements provide consumers with sufficient detail of the website’s terms and conditions, acceptance by click is considered valid, and these agreements are typically enforceable.

• Enforceability. Unless the parties to an international business transaction agree in writing how to resolve disputes, quite often the law (or lack of law) of the defendant’s locale will determine what relief, if any, is available, and certain huge markets, such as China, Russia, much of the Middle East, Indonesia, Eastern Europe and most of Africa, neither have effective legal remedies or enforcement of judgments obtained elsewhere. Therefore, terms providing for private arbitration of all disputes concerning the transaction in a neutral third country, usually under the auspices of the International Chamber of Commerce, can mitigate enforceability issues.

With digitalization of goods and services and with international trade expanding, it is important to understand the legal issues in international business transactions.

Contact us, your international business attorney in Florida, to assist you with your international business needs.

PON – Program on Negotiation at Harvard Law School – https://www.pon.harvard.edu

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How to legally dispute internet transactions

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How to choose the best dispute resolution process

Comment

How to legally dispute internet transactions

When it comes to dispute resolution, there are so many choices available to us. Understandably, disputants are often confused about which process to apply to their situation. This article offers some guidance, adapted from Frank E. A. Sander and Lukasz Rozdeiczer’s chapter on the topic in The Handbook of Dispute Resolution (Jossey-Bass, 2005).

Suppose that parties and their lawyers have exhausted their attempts to negotiate a resolution. They’re ready for outside help in ending their dispute, yet they don’t know exactly where to turn.

How to legally dispute internet transactions

Claim your FREE copy: Dispute Resolution

Discover how to improve your dispute resolution skills in this free report, Dispute Resolution: Working Together Toward Conflict Resolution on the Job and at Home, from Harvard Law School.

Here’s a review of the three basic types of dispute resolution to consider:

1. Mediation

The goal of mediation is for a neutral third party to help disputants come to a consensus on their own.

  • Rather than imposing a solution, a professional mediator works with the conflicting sides to explore the interests underlying their positions.

Mediation can be effective at allowing parties to vent their feelings and fully explore their grievances.

Working with parties together and sometimes separately, mediators can try to help them hammer out a resolution that is sustainable, voluntary, and nonbinding.

2. Arbitration

In arbitration, a neutral third party serves as a judge who is responsible for resolving the dispute.

  • The arbitrator listens as each side argues its case and presents relevant evidence, then renders a binding decision.

The disputants can negotiate virtually any aspect of the arbitration process, including whether lawyers will be present at the time and which standards of evidence will be used.

Arbitrators hand down decisions that are usually confidential and that cannot be appealed.

Like mediation, arbitration tends to be much less expensive than litigation.

3. Litigation

The most familiar type of dispute resolution, civil litigation typically involves a defendant facing off against a plaintiff before either a judge or a judge and jury.

  • The judge or the jury is responsible for weighing the evidence and making a ruling. The information conveyed in hearings and trials usually enters, and stays on the public record.

Lawyers typically dominate litigation, which often ends in a settlement agreement during the pretrial period of discovery and preparation.

For more information on how to handle a dispute resolution, read these related articles: Three Questions to Ask About the Dispute Resolution Process – Three essential questions you need to ask about the dispute resolution process, Make the Most of Mediation – Make sure your next mediation session succeeds with these negotiation skills tips, Top Ten Business Negotiations of 2013 – Our top ten business negotiation deals of 2013, The Art of Deal Diplomacy – Combine the arts of diplomacy and savvy business negotiation in your next session at the bargaining table after reading this article, Capture the Best of Mediation and Arbitration with Med-Arb – Combine mediation skills and arbitration skills in your next session at the bargaining table and improve your results.

What do you think of these Dispute Resolution methods? Have you used any of them before? Let us know in the comment section below.

Originally published in 2014.

How to legally dispute internet transactions

Claim your FREE copy: Dispute Resolution

Discover how to improve your dispute resolution skills in this free report, Dispute Resolution: Working Together Toward Conflict Resolution on the Job and at Home, from Harvard Law School.

Adapted from “Trying to resolve a dispute? Choose the right process,” in the August 2009 issue of Negotiation.

Related Posts

  • Choose the Right Dispute Resolution Process
  • Negotiation Case Studies: Google’s Approach to Dispute Resolution
  • Difficult Situations at Work – Negotiation Skills for Dealing with Difficult People
  • Dispute Resolution on Facebook: Using a Negotiation Approach to Resolve a Conflict
  • Alternative Dispute Resolution In-House: Mediation, Arbitration, or Med-Arb?

Comment

No Responses to “What are the Three Basic Types of Dispute Resolution? What to Know About Mediation, Arbitration, and Litigation”

The benefit of mediation is the fact that the parties to the mediation come to their own agreement. The decisions made by the parties are usually longer lasting compared to the judge or jury in litigation or the arbitrator in an arbitration.

Mediation does result in binding agreements, based on the parties’ mediated discussions. However, binding areements resulting from litigations or arbitrations which are settled are not as frequently complied with as agreements reached after mediation. There is yet a fourth method of dispute resolution not mentioned here. That is facilitated mediated negotiation, during which the mediator takes on a more active roll in guiding the parties towards a resolution. In this type of mediation, the mediator is often expected to have a substantive background in the subject matter.

Oftentimes in practice, disputants usually cool off their emotions by adopting litigation as a method of resolvong their issues. This changes after their emotions settle, and they are now open to other methods of resolution. So there’s a method I call Lit=Med.. Litigation before Mediation. The parties thereafter explore settlement amicably. Their terms of settlement can be adopted as the consent judgement of the court. The issues of time and cost makes them explore this process.

I find it interesting that arbitration is a type of dispute resolution. It is good to know that arbitration is more affordable than other methods. I think it would be crucial to hire an arbitrator with a good track record.

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How to legally dispute internet transactions

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How to legally dispute internet transactions

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A fraudulent charge can happen when you least expect it and possibly at the most inconvenient time. If you’re not in the habit of checking your credit card accounts, it may be a while before you even notice that anything is amiss.

You likely won’t be financially responsible for credit card fraud , but you still must be able to identify it and report it to your issuer.

Here’s how to detect such charges quickly and dispute them efficiently for a resolution.

How to detect credit card fraud

The best way to detect credit card fraud is to review your statement regularly for unauthorized transactions. You can also make it easy on yourself by setting up credit card alerts for every card in your wallet, via your card issuer’s mobile app or website.

When you do, you can generally elect to be notified by text or email for a variety of transactions, including:

“Card not present” transactions, such as online purchases.

Transactions that exceed a designated amount.

Such alerts can help you more easily spot suspicious activity and minimize the potential of accidentally glossing over a charge on your credit card statement.

How to distinguish between Fraud and simple error

Once you detect an unauthorized transaction, determine whether it’s fraud or a billing error . Sometimes it’s just a simple mistake.

“ Once you detect an unauthorized transaction, determine whether it’s fraud or a billing error. Sometimes it’s just a simple mistake. ”

If, say, you’re accidentally double-charged by the same store, you might be able to resolve the issue quickly by taking it up with that merchant first. For charges that you don’t recognize, try Googling the name of the merchant on your credit card statement to see whether it does business under a different name. If you share the account with joint cardholders or authorized users, ask them if they made the questionable transaction.

Once you go through these steps and determine that a transaction is fraudulent, report it to your credit card issuer.

How to report credit card fraud

Calling your issuer is a great first step to alert them to any fraud that’s taken place on your account. In many cases, it may be possible to resolve the matter quickly that way.

The next strongly recommended step is to document the conversation in writing, which will further protect you from any liability. Let your credit card issuer know over the phone that you’ll be following up with a written letter. By communicating with your credit card issuer in written form, you’ll have proof that you did your part to quickly report unauthorized charges.

“ By communicating with your credit card issuer in written form, you’ll have proof that you did your part to quickly report unauthorized charges. ”

If the thought of writing a letter is intimidating, consider using the Federal Trade Commission’s sample letter as a starting point and tailoring it to fit your own case.

The letter should be sent to the address for billing inquiries, not the address that receives payments by snail mail. It should include your name, account number and a description of the unauthorized transaction. Also, it helps to enclose copies of any documents that may support your claim. Feel free to include any next steps or updates previously discussed over the phone with your issuer. And keep a copy of everything you’re mailing for your own records.

Send the letter so that it reaches your credit card issuer within 60 days from when the bill containing the questionable charge was mailed to you. You can track the letter by sending it via certified mail and ask for a return receipt for confirmation that the card issuer received it.

Unless the matter is resolved, your credit card issuer has to confirm that it received your letter in writing within 30 days of receiving it.

What to expect from the credit card fraud investigation

The credit card issuer will be interested in preventing further unauthorized charges on your account, so it may decide to freeze or cancel your credit card and send a replacement. If you get a new credit card number, you may need to change it wherever you have it stored as a payment for goods and services.

While the investigation is pending, you’re not required to pay the disputed amount or charges accrued. Credit card issuers can’t take legal actions or send your bill to collections while the amount in question is investigated. You will, however, be required to pay the portion of your bill that belongs to you.

By law, the dispute must be resolved within two billing cycles (no more than 90 days) after receiving your letter. The issuer must notify you in writing about its findings and next steps.

If the issuer determines that a transaction is fraudulent, it must credit your account for the amount disputed and remove any charges resulting from the transaction. If the issuer determines the transaction is correct, you’re responsible for paying the disputed amount and any charges resulting from it.

About the author: Melissa Lambarena is a credit cards writer at NerdWallet. Her work has been featured by The Associated Press, New York Times, Washington Post and USA Today. Read more

How to legally dispute internet transactions

How to legally dispute internet transactions

How to legally dispute internet transactions

What Is Smart Contract Dispute Resolution?

Smart contract dispute resolution is the term used to describe alternative dispute resolution (ADR) measures for transactions that use smart contracts. Smart contracts are self-executing programs contained with a blockchain, such as Ethereum. The program ensures the actions agreed on in the contract happen, which removes the trust generally required when exchanges occur.

This concern has created a perceived need for ADR solutions that significantly decrease the time and expense needed to resolve issues between parties in separate countries.

Learn what smart contract dispute resolution is, why it is needed, and what some decentralized finance companies are doing to assist cryptocurrency users who have transaction disputes as a result of the smart contracts contained within a blockchain.

Key Takeaways

  • Smart contracts remove the need for trust in a transaction, but there is still the issue of resolving contract disputes.
  • Contract laws vary significantly by country, so resolving contract disputes across borders is the main issue.
  • Blockchain startups have created dispute resolution solutions using blockchain technology, smart contracts, and online applications.

Understanding Smart Contract Dispute Resolution

Smart contracts are programs or scripts written into a blockchain. Many low-level agreed-upon transactions can be executed autonomously by these programs without issue.

Existing contract laws and dispute resolution measures—at least in the U.S. and most developed countries—adequately cover the underlying contracts that include the use of smart contracts within their borders.

Large businesses that expand globally typically develop expansion plans that include dispute resolution in the countries they have expanded to; typically, they already have policies and programs in place to deal with customer and client dissatisfaction. The concern then is how to resolve disputes between smaller businesses and consumers in different countries.

One of the common misconceptions regarding smart contracts is that they are contracts. Smart contracts are programs written into a blockchain that execute an agreement when specified conditions are met. They are not contracts but rather the means by which a contract is executed.

Applications built on blockchain, which facilitate contract dispute resolution of smart contract implemented transactions through arbitration or mediation, are referred to as decentralized justice platforms.

Thus, resolving a contract dispute falls under your country’s contract laws. However, the global marketplace is more accessible than ever before. Technology has made it possible for cross-border transactions to occur, which raises the possibility for disputes across borders where laws might be quite different.

Smart Contract Dispute Resolution Goals

Smart contract dispute resolution seeks to resolve disputes involving blockchain activities across borders using blockchain technology and smart contracts. The technology is still evolving, but it shows promise in that the need to involve other parties in a dispute is removed. The technology also bypasses any obstacles that exist for resolving cross-border disputes.

Here’s how the concept works—you purchase goods or services using a decentralized application (dApp). A smart contract executes the transaction when both parties agree terms have been met. An ADR platform is tied to the trade that allows either party to dispute the transaction if one is not satisfied.

You’d find the dispute transaction button on the dApp, and a smart contract would execute dispute resolution actions. The blockchain network would select a group of mediators, arbiters, or judges based on their expertise. They would pass their votes for judgment, and a smart contract would execute whatever action the group voted for.

One startup, Kleros, has created a dApp built on the Ethereum platform. Their platform is an ADR application that randomly chooses vetted jurors. They are selected based on the cryptocurrency they have staked and their qualifications in the dispute field. In this case, staking is the act of offering cryptocurrency as collateral for the opportunity to be chosen as a juror.

Jurors are provided compensation for their services. The process determines how much they are paid, and the smart contract determines which party in the dispute pays the fees.

The judges have a specific number of days to review the dispute, and they cast their votes anonymously. If their vote agrees with the ruling determined by the majority, they receive a payment. If they vote in opposition of the rest of the group, they pay a portion of their staked cryptocurrency. According to Kleros, this encourages honest voting.

Kleros allows for a decision appeal process, but this might not be true of all ADR platforms that emerge. Platforms are likely to have different rules and fees—and these platforms will probably change and evolve as time goes on.

How Are Disputes In Smart Contracts Resolved?

Generally, smart contract disputes are governed by contract laws in the jurisdiction they fall under. Cross-border dispute resolution solutions for smart contract enabled transactions are still being developed.

Can Smart Contracts Be Reversed?

Smart contracts, as programs, are irreversible once executed unless they have been programmed otherwise.

Are Smart Contracts Legally Binding?

According to the Chamber of Digital Commerce, a smart contract is an instrument that executes underlying contractual terms. Smart contracts themselves are not the legal agreement—the agreement between the two parties is the contract, and the smart contract program simply executes the agreed-upon actions.

How to legally dispute internet transactions

How to legally dispute internet transactions

Thomas J Catalano is a CFP and Registered Investment Adviser with the state of South Carolina, where he launched his own financial advisory firm in 2018. Thomas’ experience gives him expertise in a variety of areas including investments, retirement, insurance, and financial planning.

What happens when the brand-new 4K television you brought home turns out to be a bust? Or the new fitness tracker you got for your spouse doesn’t work? Or, when you’ve been double-charged for something you’re sure you only came home with one of?

If you’ve made these purchases on a credit card—and these days, that’s a near certainty—you’re in luck. Thanks to the Fair Credit Billing Act, consumers have a good deal of protection for their credit card purchases. This law allows consumers to withhold payment on poor-quality, damaged merchandise or incorrectly billed items they bought with a credit card until the matter is resolved.

Read on as we show you how to dispute a credit card charge and actually come out on the winning side.

key takeaways

  • The Fair Credit Billing Act protects consumers on credit card purchases, outlining procedures they and card issuers should follow.
  • In a dispute, contact the merchant first.
  • The next step is to contact the credit card issuer and formally dispute the charge within 60 days.
  • Although the Act’s rules limit disputes to purchases over $50 and within 100 miles, many card issuers waive these rules in the interest of good customer relations.

Go Back to the Merchant

Your first move is always to go back and attempt to resolve the problem with the merchant. If you give them a chance to address your complaint they very often will, especially if you approach them with politeness and courtesy. Most large retailers have customer service policies in place that err strongly on the side of being generous, at least within a certain period of time, and under “ordinary” circumstances.

The bottom line is if you act promptly and reasonably, you’re likely to get the full benefit of the doubt. If you don’t have luck with the first representative you speak with, ask to talk with the manager or supervisor on duty. Be sure to keep records of each interaction, the person you spoke with as well as the date and time, so you can refer back to them if needed.

Put Your Complaint in Writing

If the merchant won’t budge during your discussion, it’s time to put your complaint in writing. Write a short, detailed letter outlining your particular dispute, and address it to the merchant via certified mail. Before you send it, make a few copies, so you can save one for your records and send another copy to your credit card company, as proof of your efforts to resolve this dispute.

Next, you’ll draft a letter to your credit card company to officially alert it of the disputed purchase amount. The Fair Credit Billing Act mandates that you do this in writing, within 60 days after the bill with the disputed charge was sent to you. In your letter, you’ll need to include your account number, the closing date of the bill on which the disputed charge appears, a description of the disputed item, and the reason you’re withholding payment.

You should also enclose a copy of your complaint letter to the merchant, along with any other documentation that supports your position. This letter should also be sent via certified mail (return receipt requested). Be sure you send it to the “billing inquiries” address at your credit card company, and not the regular address for payments (since these are often two separate departments, and may well be in separate locations as well).

Usually, you can call your credit card issuer and ask to dispute a specific charge. They may mail or email you a form to fill out for details.

Maintain Your Other Payments

Even though you’re disputing an item on your current bill, it’s important to maintain your other obligations. If you’ve charged anything else on your card during this cycle, you’ll need to send that payment and all interest to the regular address, otherwise, you’ll incur interest and late-payment charges. What if the disputed item is the only charge on the card? Double-check with the card issuer to see if you’ll be penalized in any way if you don’t pay it.

At this point, you’re just waiting to hear the result of your challenge. Many card companies will give the benefit of the doubt to their customers and issue a temporary credit until the dispute is resolved. This isn’t required by law, however, so don’t assume you will get this consideration. Meanwhile, the card issuer will get in touch with the merchant to find out their side of the story. Basically, if they end up siding with you, you will enjoy a full refund. If not, you’ll have to pay for the disputed item, as well as any additional finance charges that may have accrued.

There are a few catches to the Fair Credit Billing Act. Technically, the sale must be for more than $50 and have taken place in your home state or within 100 miles of your billing address, which means orders placed on the internet (or phone) may be exempt. Withholding payment for web purchases depends on state law. However, few issuers enforce these rules on purchases, because most credit card companies are eager to hold onto your business, given the highly competitive nature of the industry these days. But, there’s still always a chance that your claim could be denied on these grounds.

The Bottom Line

If you find yourself in the position of having to dispute a credit card charge, you may have more rights and advantages than you realize. The key is to act quickly and responsibly. Address the matter in a prompt and courteous fashion with the merchant in question, and if necessary, follow up with your credit card issuer. In most cases, the whole dispute can be resolved to your satisfaction within a matter of weeks.

If you fear actual fraud, call your card issuer straight away to put a stop to your card or cancel it outright.


Cyberpro: legal counsel in the field of Internet services

We think lightly and frivolously about Interplanetary Internet . And really, what kind of seriousness can be if recently a low speed and high cost of it belong it to the category of expensive communication and obscure toys for adults.

Rapid development
Meanwhile in the past 10-15 years the Internet has become a real platform for the creation, maintenance and development of major business projects. Massive involvement of citizens and availability of the Internet in a most remote locations of mobile device access provide an opportunity to attract numbers and numbers of potential customers, which no one advertising on television can attract.
And this uniqueness of the Internet and most importantly its cheapness already appreciated by all, including small businesses.

Reefs

At the same time, very few businessmen that bring those business in the cyberpro are wonder what laws is there? How to exercise own rights without violating the rights of others? How to protect yourself from unscrupulous competitors and market participants? How to protect the ultimate consumer? How to enforce its interests?

Cyber lawyers against cyber-pirates
The only thing and perhaps the most serious difference of the Internet, this is the complexity of the collection, receipt and registration of evidence. In the absence of “conventional” evidence many individuals with the violated rights, they can not even correctly identify what happened and where to complain.
A lack of uniform court practice on such issues makes the outcome completely unpredictable. Only the active participation of a representative a lawyer specializing in this field, will help you to defend your position, to protect the violated rights and obtain reasonable compensation for an applied business damage.

In addition, the ongoing analysis by our experts, the study directions of development of legislation in this area often help to lawyers to settle disputes between parties in the course of negotiations without going to court.

For the consultation of cyber-lawyer – contact with the Senior Managing Partner Law Office of Moscow “SCHEGLOV and Partners” – Yury Scheglov phone: +7 ( 495) 748-00-32 or e-mail >>>

Contact Us

Полное наименование:
Некоммерческое партнёрство Адвокатское бюро “Щеглов и Партнеры”.

Наш адрес:
Москва, 129110, Проспект Мира, 54.

Телефон/факс:
+ 7 (495) 961-00-19 (многоканальный).

How to legally dispute internet transactions

Zelle is a fast, user-friendly platform for making financial transactions between two users. The system allows users to send approximately $2,500 a day, depending on their bank’s limits. You might send a larger amount of money to a landlord for that month’s rent. Or just a couple of dollars to a partner who’s run out of money while shopping.

Whatever the amount, it’s important to know how exactly Zelle functions and how to check transactions. If you’re interested in finding out more, keep reading.

How to See My Zelle Transactions

Zelle users can see all their transactions at any point. This is especially useful if you tend to forget about the payments you made to some people. To view the transaction history, you need to open a bank’s mobile app or their online banking portal. Then, follow these steps:

  1. Depending on the bank, you might see different options. Usually, it’ll be “Send Money with Zelle” once you open the app. Tap on it.
  2. You’ll get a window with two options – “Send” and “Request.” However, below that, there’ll be an “Activity” tab. Click on it,
  3. Hitting “Activity” will open your transactions. If there are any pending transactions, they’ll be under the tab “Pending.” All other transactions will be under the tab “Past.”
  4. If you click on any past transaction, you’ll see the receiver’s name, the dollar amount you sent, and the reason of payment. Furthermore, the status will show the payment was completed.

Being able to open past transactions at any point is an excellent feature. It offers Zelle users a record of their transactions and reminds them of payments they might have forgotten about.

How to legally dispute internet transactions

What If I Sent Money to the Wrong Person?

So, you need to send money to a person, but get suddenly distracted by your pet or something on TV. The next thing you know, you realize you’ve accidentally transferred money to the wrong person. What can you do if this happens? And can you have the money returned to your account?

The answer depends on whether the person you send money to also uses Zelle. If they use Zelle, then the money you send is immediately transferred to their bank account. That said, the only thing you can do is ask them to send it back. If that’s your friend or a relative, this shouldn’t be an issue.

But what if you’ve been scammed into making a payment to an unknown person? Unfortunately, there isn’t much you can do. For now, Zelle states that all payments users make are final. This means that they can’t help you in case you send money to the wrong person.

You can contact your bank to see if they can help you. Sometimes if you can prove this was a fraud, there’s a chance of receiving money back. To make sure you know your rights, check the Electronic Funds Transfer Act.

All of these are worst-case scenarios, but there’s a catch if you’ve sent money to the wrong person. If that person hasn’t enrolled with their email address and phone number, the transaction will automatically go to “Pending.” Until the person registers, the money will stay there until they access it through their financial institution. That said, it’s possible to cancel this payment. Here’s what you need to do:

  1. Launch the bank’s mobile app or their online banking website.
  2. Click on “Send Money with Zelle.”
  3. Then, you’ll see “Send,” and “Request.” Below that should be “Activity.” Click on it.
  4. Once you do this, you’ll see your transactions. There will be a “Pending” tab. Tap it. Here, you’ll see the receiver’s name and the amount you sent.
  5. Click on “Cancel” to cancel this transaction.

That’s it. You’ve now successfully cancelled the payment.

Are There Transaction Fees?

Most similar services require their users to pay a fee when they transfer or receive money. For that reason, it’s no wonder many potential users think the same holds true with Zelle. However, the situation is a bit different. Zelle doesn’t dictate the transaction fees, but rather your bank does. In most cases, these transactions are free, meaning there aren’t any additional costs. But to be on the safe side, make sure to check with your bank about their transaction fees. That way, you can know for sure if you’ll be spending extra money when sending a payment.

Is There a Transaction Limit?

Users can’t send unlimited amounts of money via Zelle. However, the amount of money you can transfer depends on your bank. For example, Wells Fargo and Bank of America let its users send $2,500 daily and $20,000 monthly. On the other hand, Chase has different limit options for business and private accounts. Business accounts have a daily limit of $5,000 a day, while private accounts have a limit of $2,000. Moreover, businesses can send $40,000 per month and private accounts can send up to $16,000 monthly.

Making Payments via Zelle

As you can see, Zelle is a fantastic way to transfer money within seconds. It also allows its users to be in the loop about their past transactions. Although there’s a limit to how much money users can send, the daily sum is usually more than enough for most people. How about you? Which bank do you use? Are you satisfied with Zelle? Share your experience in the comments section below and ask any questions regarding the Zelle payment.

November 5, 2008 • Peter LaSorsa

Most ecommerce merchants want consumers from all over, whether that means all 50 U.S. states, Canada, Mexico, Europe, or the world. But e-retailers need to consider local laws when they ask for business in another state or another country. And it is important to understand which jurisdictions might apply to a given online transaction.How to legally dispute internet transactions

In many cases, laws from the customer’s state are the ones that will apply in the event a problem arises. This is equally true regarding the laws of other countries. For example, in some European countries it is illegal to sell anything related to the Nazis. This may seem reasonable but the law also applies to World War II memorabilia dealers. So a business owner in the United States who sells World War II memorabilia could face legal problems from European countries if someone in one of those countries were to purchase a Nazi item from him. The most common way for that transaction to occur would be via the Internet and from an e-business owner. For this reason, U.S.-based ecommerce merchants should be particularly careful when selling overseas, being sure to understand each country’s laws.

Knowing which state law should apply to a transaction in the United States can also be a challenge. As an example, if you are located in Ohio and sell a product to someone in California and there is a problem with the transaction, will the laws of Ohio or California apply? To further complicate things, what if you have a warehouse in Colorado and you ship from that location, now which law should apply? What if your server is located in Utah, does that state now have jurisdiction over the transaction?

What Jurisdiction Applies?

Jurisdiction is the right and power to interpret and apply the law by a Court in a particular geographic location. Jurisdiction can be obtained by transacting business in a state. What is transacting business? The act of buying, selling, or offering to sell something is enough to be considered transacting business and to convey jurisdiction. Why should you care about jurisdiction? If you end up in litigation over your product the last thing you want to do is travel across country and hire an attorney in another state. It would be much easier on you both from a financial and time perspective to have an issue litigated in your home state. Also, if the other party is required to travel to your state to commence litigation, they are less likely to sue.

You Want Your State’s Law to Apply

How do you make sure that your home state is where the litigation takes place? You can’t guarantee your home state will be the place of litigation if it should come to that, but you can take steps to increase the chance of your home state being the site of settling a dispute.

If you are using a contract with another party make sure in the contract it says that any dispute must be filed in your home state and that both parties to the contract agree to jurisdiction in that state.

On your website, when a customer is purchasing an item as one of the terms and conditions of the transaction make them agree to jurisdiction in your home state should a dispute arise. You can do this with check box next to the statement and make them check it off prior to completing the purchase.

A less effective way is to put a disclaimer on your website that any transaction will convey jurisdiction to your state and any dispute must be heard by a court of competent jurisdiction in your home state. The downside to this technique is the other party can say they did not read it and therefore it should not apply. They can’t make that claim if they check a box on your website before completing their purchase.

Remember, the home field advantage is real in business and anything you do to help ensure a dispute is settled in your state is worth the time and effort up front.

How to legally dispute internet transactions

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How to legally dispute internet transactions

How to legally dispute internet transactions

If you’ve ever paid for something with a credit or debit card, you’ve probably seen a pending transaction on your account. These charges typically appear at the top of your most recent statements, and while they aren’t necessarily permanent, they do affect your total available balance. You can also find pending transactions in your PayPal account, depending on how the person you’re paying likes to receive their funds.

Seeing those pending transactions can be a bit of a shock, especially if you weren’t expecting them. Learn more about pending transactions, how to cancel one, and how to dispute a posted transaction once it’s finalized.

Key Takeaways

  • Pending transactions occur when a payment has been authorized by your card issuer but hasn’t been completed.
  • A pending transaction will affect the amount of credit or funds you have available.
  • Canceling a pending transaction usually requires contacting the merchant who made the charge.
  • Once a pending transaction has posted, contact your bank or card issuer to dispute it.

What Is a Pending Transaction?

Whenever you swipe your debit or credit card, the merchant issues a charge to your card. This charge then goes through a process that cycles among payment networks, your bank, and the merchant itself. All of these steps take time to process and clear. While your transaction is making its way through the system, it remains pending. Once your card issuer has transferred the funds to the merchant on your behalf, the transaction finalizes and posts to your account. It’s a well-oiled system, and most of the time you won’t see any unexpected charges pending in your account.

Preauthorization Charges

Sometimes you’ll see a pending transaction on your account that’s larger than a purchase you’ve made (or intend to make). This can occur when you purchase gas or rent a hotel room, for instance. Gas stations may place a large pending transaction on your account to accommodate an extra-large fill-up. When the transaction posts, your account will be charged for the actual amount of gas you bought. Upon check-in, hotels will often collect a deposit to cover any incidental charges or damage to the hotel room. After you leave, the hotel will refund your deposit less the charges you’ve incurred. If you don’t have any additional charges, the entire pending transaction will simply fade away.

Several U.S. states have sought to add protections against extra-large pending transactions. Tennessee’s law, for example, requires merchants to notify consumers of debit card holds in excess of 25% of the actual purchase, or $50, whichever is greater.

Pending Transactions and Debit Cards

Using a debit card instead of a credit card for purchases that lead to holds can be a risky proposition. That’s because a pending transaction on a credit card will simply limit your available credit balance. A pending transaction on your debit card, however, will limit access to the actual funds in your account for as long as it takes the transaction to disappear. This can be problematic if you have bills to pay and the withheld amount still hasn’t been released back to you.

Pending Transactions and PayPal

Pending transactions with PayPal can also occur, just like debit or credit cards. However, PayPal has another aspect to its transactions: sending payments via PayPal’s system. If you’ve sent a payment to a friend or merchant, the transaction may appear as pending in your PayPal account. Depending on the situation, you may be able to change or cancel the payment before it’s claimed.

How To Cancel a Pending Credit Card or Debit Card Transaction

Sometimes you may want to cancel a pending transaction as quickly as possible. This can be the case if the hold is placed on your debit card and, thus, your bank account. Unfortunately, it’s not very easy to do—your card issuer has no ability to cancel or otherwise alter the transaction until it’s been finalized. If you want to eliminate the transaction before then, contact the merchant who placed the charge. Ask them to contact your card issuer and reverse the transaction. The merchant has the ability to ask for the hold to be released.

If you see a pending transaction that you know you didn’t make—such as a fraudulent purchase—contact your card issuer immediately. They can work with you to monitor the transaction, protect your privacy, and reduce your liability if the charge eventually posts.

How To Cancel a Pending PayPal Transaction

If you’ve sent funds to someone and see a pending transaction within your account, this can be for one of two reasons. First, you may have sent money to someone whose phone number or email address isn’t associated with a verified PayPal account. If this happens, you can cancel your payment via the “Activity” section of your account.

Otherwise, you may have sent funds to a merchant who doesn’t accept payments automatically. This simply means that the merchant will need to accept or deny your payment. Once you’ve sent the funds to this type of merchant, you won’t be able to cancel this transaction.

How To Dispute a Posted Credit Card or Debit Transaction

If an erroneous pending charge you’ve noticed eventually posts as a transaction, don’t worry. It’s easier to dispute a posted transaction than a pending one. As a part of the Fair Credit Billing Act (FCBA), banks are required to acknowledge a disputed transaction no more than 30 days after they receive your complaint. They must then resolve it within two billing cycles, which may not exceed 90 days from the date of your complaint.

Fortunately, many banks will allow you to dispute a charge online, which can be simpler than sending a complaint letter.

The Bottom Line

Unfortunately, canceling a pending transaction isn’t always simple. If you’re trying to remove a hold or a pending transaction before it posts, you’ll need to contact the merchant and ask them to remove the authorization. Once your transaction is finalized, however, you have more power in reversing the charge. Thanks to the FCBA, you can dispute any charges you think are incorrect, and banks are required to respond in a timely manner.

Frequently Asked Questions (FAQs)

How long does a pending transaction take to post?

The amount of time it takes for a transaction to post depends on when the merchant processes its account. Transactions usually post within three days but can take five days or longer.

Can you cancel a pending transaction online?

Usually, no. Unless you’ve sent a payment via PayPal to an unrecognized email or phone number, you’ll need to contact the merchant to have them cancel the pending transaction.

Why can’t a pending transaction be canceled?

Because a pending transaction is temporary and can change, you are unable to alter it until it is finalized and posted to your account.

While online transactions have made banking facilities easier, others opined that due to the more dependency on technology, life has become more complicated.

How to legally dispute internet transactions

New Delhi: These days online money transfers have become par for the course—be it Unified Payments Interface (UPI), Paytm, net banking, all these instant real-time payment systems have eased the burden of ‘aam aadmi‘ related to banking transactions. We don’t need to visit a bank to transfer money to someone’s account as this can be done in a fraction of seconds through smartphones or laptops. However, there are two sides to everything. While online transactions have made banking facilities easier, others opined that due to the more dependency on technology, life has become more complicated. Also Read – NPCI Ropes In Rapper Badshah To Promote ‘UPI Chalega’ Campaign | Check Details Here

For example, if you unintentionally transferred money to someone else’s account, then how will you get the money back? Does the bank have the power to credit the amount back to your account? Well, banks cannot reverse it, unless the beneficiary allows it to proceed. “The most important thing to understand is that if a transaction has been made, the bank cannot reverse it from its end without approval from the beneficiary. Bank can only act as a facilitator”, a leading portal quoted Adhil Shetty, CEO & co-founder, Bankbazaar.com as saying. Also Read – 5 Tips To Save Yourself From UPI Payment Fraud | Know Here

How to legally dispute internet transactions

We don’t need to visit a bank to transfer money to someone’s account as this can be done in a fraction of seconds through smartphones or laptops

Immediately call your bank customer care and explain the whole thing. You will have to inform the executive the exact date and time of the transaction, account number, and the account in which money has been transferred mistakenly. The money will automatically be refunded within 5-6 business days if the bank account to which you have transferred the money does not exist.

If not then, you will have to approach your bank and apprise the manager about the wrong transaction. The bank will check the details of the beneficiary and if the person holds an account with the same branch, the bank can request him to return the money.

Sometimes banks can take up to 2 months to settle such cases.

How to legally dispute internet transactions

The money will automatically be refunded within 5-6 business days if the bank account to which you have transferred the money does not exist.

What if the beneficiary refuses to credit the amount back to your account

In this case, contact your bank and elaborate the matter

If he or she refuses to give your money back choose legal route

The situation becomes more complicated if your bank and your beneficiary’s banks are different and are in different cities

What if the beneficiary agrees to give your money back

If a beneficiary agrees to reverse the transaction, it will take 8-10 working days to get your money back.

Else, you have to prove the transaction with exact bank statement, address and ID proof etc.

Dispute a charge

Although seeing a charge that you don’t recognise or an amount appearing to be incorrect on your Billing Statement can be frustrating, it doesn’t necessarily mean there’s been fraudulent activity on your Account. Quite often‚ a few more details can help you to identify the charge.

Helpful tips to use when you don’t recognise a charge

There are a number of steps you can take to resolve an unrecognised charge before contacting us:

  • Use an online search engine to find more details about the retailer that appears on your statement as they could be using a third-party name.
  • Check to see if it is an online purchase (.co.uk or .com). If so, check your personal email inbox (and junk folder) for an email confirmation from the company.
  • Consider whether it could be a monthly or yearly subscription.
  • Contact the retailer listed on the statement. In many cases, a charge can be resolved directly with the original company that the goods or services were purchased from.
  • Check the exchange rate if the amount charged is not as expected.

If you have checked these sources and still do not recognise the charge, you can raise a dispute and we will help you to resolve your billing inquiry as quickly as we can.

Raising a dispute using our Online Services

If you do not recognise a charge on your Billing Statement you can open and raise a dispute. You will need to be logged in to your Online Account to do this, or you can set up an Online Account. It takes a couple of minutes and helpful information is provided along the way to make the steps as easy as possible.

Step 1 – Log in with your existing Online Account details or set up an Online Account.

Step 2 – From your statement page select the transaction you want to dispute.

Step 3 – Select “Dispute This Charge”

Step 4 – Answer the questions that follow and choose the type of inquiry you have.

Step 5 – You have the option to upload supporting documents. If you do not have them with you at the time of your inquiry, you can complete the case and upload them later or you can pick up where you left off and resume your inquiry at a later time. You’ll be able to find your dispute case under the ‘Unsubmitted’ section.

Step 6 – Once you submit your dispute, you will receive a confirmation page with further details. Your raised dispute will then be seen in your ‘disputes activity’ on the left side of your Card activity page. You will be able to close the dispute case at any time. You can refer back to your ‘Open’ cases to track the status of the dispute with expected resolution dates.

If you’re unable to raise or resolve a dispute using our Online Services please contact us and our Customer Care Professionals can investigate this for you.

Note: Pending charges cannot be disputed. When a charge is pending, it has not yet actually posted to your Account and the amount could change. You will need to wait for the charge to post before opening a billing inquiry. We may require proof that you have contacted the retailer in an effort to resolve your dispute. Please be aware that investigations can take up to 6-8 weeks to resolve and you will be advised if we need you to provide supporting documentation. You will receive a confirmation letter to your billing address once your dispute has been resolved and closed.