Hire an FCBA Lawyer for Scammed
Credit Card Account Charges -
No Recovery, No Fee!
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Credit Card Fraud & The Fair Credit Billing Act (FCBA)
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Has your credit card been hacked or scammed?
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Has your credit card company wrongfully failed refund the charge bank to you?
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What are your rights? What can you do?
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If your credit card account has been hacked, scammed, or has been the target of fraud; and, your bank or credit card company has wrongfully failed to refund the charge back to you, they may be in violation of the Fair Credit Billing Act (FCBA). This could entitle you to a substantial money damage award. Call Attorney Joe Adams to see if you have a case. You will not have to pay any attorney fee.
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What is the Fair Credit Billing Act?
The Fair Credit Billing Act (FCBA) is a federal law which addresses issues related to billing errors on credit card accounts and other revolving credit accounts. Under the FCBA, you have rights and protections that allow you to dispute billing errors and unauthorized charges. When violations of the FCBA occur, you may be entitled to various forms of relief or damages. Here's how these principles apply:
1. Correction of Billing Errors
The primary remedy under the FCBA is the correction of any billing errors. This includes unauthorized charges, charges for goods not received, charges for goods or services not delivered as agreed, calculation errors, and any other discrepancies that might appear on your credit card statement. The act requires creditors to conduct an investigation once you dispute a charge in writing within 60 days after the statement containing the error was received.
2. Refunds or Credits
If a billing error is confirmed after an investigation, the creditor must promptly correct the account by removing the charge in question and any related fees or finance charges. This effectively gives you a refund on your account for the disputed amount.
3. Actual Damages
Similar to the EFTA, the FCBA allows you recover actual damages resulting from a creditor's failure to comply with the act. Actual damages can include any financial losses suffered by you due to the violation, such as interest charges, late fees, or other costs incurred because of the billing error or the creditor's failure to correct it. They can also include damages for emotional distress.
4. Statutory Damages
The FCBA also provides for statutory damages in cases where a creditor willfully violates the act. This means you may be entitled to a specific amount of money as set by statute. The range of statutory damages under the FCBA can vary, and the specific amount would be determined based on the nature of the violation and applicable legal guidelines.
5. Attorney's Fees and Court Costs
The FCBA includes a provision for the recovery of reasonable attorney's fees and court costs if we are successful in pursuing your claim. This encourages you to seek legal redress for violations without being deterred by the potential cost of litigation. This is why you don't have to pay Joe for legal services. If he wins for you, he will look to the other side to pay. You pay nothing - win or lose.
Important Considerations
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Dispute Notification: To take advantage of FCBA protections, you must notify the creditor in writing of the billing error within 60 days after the first bill containing the error was sent.
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Statute of Limitations: Actions under the FCBA generally must be brought within one year from the date of the violation.
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If your credit card has been scammed with unauthorized charges, contact Joe Adams immediately at (215) 996-9977.
