Chargeback Request Letter

The Fair Credit Billing Act (FCBA) (15 U.S.C. 1666) is a federal law that protects credit card holders from billing errors. Under the FCBA, a cardholder who identifies a billing error on their credit card statement has the right to dispute the charge by sending written notice to the creditor within 60 days of the date the first statement containing the error was mailed. The creditor must acknowledge receipt of the notice within 30 days and must resolve the dispute within two complete billing cycles (but not more than 90 days). During the investigation, the creditor may not attempt to collect the disputed amount or report it as delinquent. The FCBA covers unauthorized charges, charges for goods or services not received, charges for goods or services significantly not as described, and mathematical errors on the statement. The cardholder's written notice must be sent to the creditor's billing inquiries address, not the payment address.

A refund is a voluntary return of funds by the merchant to the cardholder, typically processed through the merchant's payment system. A chargeback is a forced reversal of a transaction initiated by the cardholder's bank or card issuer under the applicable card scheme rules (Visa Core Rules, Mastercard Dispute Resolution, American Express, or Discover). Chargebacks are governed by the card network's dispute resolution procedures and, for credit cards, by the Fair Credit Billing Act (15 U.S.C. 1666) and Regulation Z (12 CFR 1026.13). For debit card transactions, the Electronic Fund Transfer Act (EFTA) (15 U.S.C. 1693) and Regulation E (12 CFR 1005) provide the regulatory framework. Cardholders are generally expected to attempt to resolve the dispute with the merchant before requesting a chargeback from their bank.

Time limits for filing a chargeback depend on both federal law and the card network's rules. Under the Fair Credit Billing Act (15 U.S.C. 1666), a cardholder must send written notice of a billing error within 60 days of the date the first statement containing the error was mailed. Card network time limits are generally longer: Visa allows chargebacks within 120 calendar days of the transaction date for most dispute categories, while Mastercard's chargeback time limit is typically 120 calendar days from the transaction processing date or the expected delivery date for goods not received. American Express has a 120-day dispute window from the statement date. For unauthorized debit card transactions under the Electronic Fund Transfer Act (15 U.S.C. 1693g), the consumer must notify the bank within 2 business days to limit liability to $50, or within 60 days to limit liability to $500.

A chargeback request should be accompanied by all relevant documentation supporting the dispute. This typically includes a copy of the bank or credit card statement highlighting the disputed transaction, the original order confirmation, receipt, or invoice, any correspondence with the merchant (emails, letters, chat transcripts), tracking information showing non-delivery or failed delivery, cancellation confirmations if a subscription was cancelled, photographs of defective or significantly not-as-described goods, and any other evidence supporting the reason for the dispute. Under the FCBA, the written notice itself must identify the cardholder, the account number, the transaction in question, and an explanation of why the cardholder believes the charge is a billing error. Providing thorough documentation increases the likelihood that the bank will process the chargeback.

A Chargeback Request Letter does not legally require a lawyer in United States, and individuals and businesses may draft and execute the document independently. The Uniform Commercial Code (UCC §3) does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified United States lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The United States District Court has jurisdiction over disputes arising from this type of document, and Securities and Exchange Commission (SEC) may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.