Delray Beach, FL asked in Banking, Business Law and Consumer Law for Florida

Q: Can a company issue a refund for a disputed charge and then after the refund is received, make a new charge for it?

I received a refund for a disputed charge and then without warning or them contacting me in anyway, they posted a new charge for that amount. Keep in mind I waited a few months before I touched the refund, I was worried that it was just a provisional amount so I waited their processing time, and also verified with multiple customer support people from their company that the amount was correct and it was fully processed and mine. Then i waited another 2-3 weeks, just incase, before I asked to get it in a check and I verified that it was mine and it was correct again before I had them send me the check. Then a while later after the payment posted then created a new charge

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

A: It is generally not appropriate for a company to issue a refund for a disputed charge and then make a new charge for the same amount without prior notice or agreement from the customer. This practice could be seen as deceptive and may violate consumer protection laws.

However, there are some situations where a company might be justified in recharging a previously refunded amount:

1. If the original dispute was resolved in the company's favor after the refund was issued.

2. If the company made an error in issuing the refund and later corrected it.

3. If there was an agreement between the customer and the company to recharge the amount under certain conditions.

In your case, it seems that you took the necessary precautions by waiting for the refund to be fully processed and confirming with customer support that the refunded amount was correct and belonged to you. If the company recharged you without any prior notice or justification, you may have grounds to dispute the new charge.

I recommend contacting the company again to inquire about the new charge and request an explanation. If they are unable to provide a satisfactory reason, you can consider filing a complaint with your bank or credit card issuer, as well as reporting the issue to relevant consumer protection agencies, such as the Federal Trade Commission (FTC) or your state's Attorney General's office.

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