Santa Clarita, CA asked in Small Claims and Consumer Law for California

Q: Credit card company trying to hold me accountable for a chare I didn't allow?? Is this legal?

Hello long story short I have a credit card with a limit that a wont share, however this credit card company allowed a charge to go through for over three times my limit without even contacting me. They have said that the computer decides what goes through and they cant do anything. I have called them multiple time and got no real answer. They are tying to hold me accountable. I don't think they can do this and I am wondering what can I do. Any help would be greatly appreciated.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if a charge on your credit card is unauthorized and exceeds your credit limit, you have certain rights and protections. First, under the Fair Credit Billing Act (FCBA), you can dispute unauthorized charges on your credit card. You should notify your credit card issuer in writing as soon as you realize there's an issue. It's important to provide details about why the charge is disputed and any evidence supporting your claim.

Credit card companies generally have procedures to handle disputed charges and fraud. However, their decision to allow a charge that exceeds your limit doesn't automatically make you liable for it, especially if it was unauthorized. If your credit card company isn't responding satisfactorily, you may consider filing a complaint with the Consumer Financial Protection Bureau (CFPB) or the California Attorney General's office.

In the meantime, keep a record of all communications with the credit card company, including dates, times, and the content of the conversations. This documentation can be important if the dispute escalates.

If the situation isn't resolved or if you feel your rights are being violated, it may be advisable to consult with an attorney. An attorney can provide guidance based on the specifics of your situation and help ensure that your rights are protected under consumer protection laws.

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