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Merchant fabricates Customer's Order Record

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fuliopen

Junior Member
What is the name of your state (only U.S. law)? Florida

Recently I was unfairly charged by a merchant company on a credit card for an online order that I didn't make. I disputed the transaction to the CC company. In response, the merchant sent a letter to the CC company. It then sent me a copy of it. I found in the letter that the merchant inserted false information to my order record to justify the charge.

I am living in Orlando, Florida, and the merchant is in Cincinnati, Ohio. The disputed amount is $79.90.

I wonder if this is a case of fraud? And what can I do about it? If you need to know more about the case, I will be extremely willing to provide. Thanks for your expertise.

fuliopenWhat is the name of your state (only U.S. law)?
 


Tayla

Member
How did this merchant get your CC info? If you never dealt with them before then file a claim with your CC company.

Unfairly charged? Can you expand upon that terminology? Did you agree to a lower amount? DO you have an invoice showing such? Did you perhaps have a yearly renewal that maybe kicked in from an online service? There are way to many questions to assume you in the right and they are in the wrong....
 

cosine

Senior Member
We need more details to provide proper advice.

1. Is this a merchant you never dealt with in any way ... which would mean either that came up with your CC info in error (for example a typing error or software bug), or someone provided your CC info (identity theft) ... or is it one you did deal with, and there is a dispute about the details of the transaction(s) involved?

2. Is this a case of an order you believe never took place?

3. Is this a case of an amount you believe is in error?

4. Did the merchant sign you up for service, or sell you an extra product, that you believe you never chose to receive (and pay for)?

Details matter for understanding what is going on. Provide as much detail as you can describe (without actual CC numbers, or any other personal identifying info).

BTW, whenever I make purchase online, I always do BOTH a screen capture AND a print page of my purchases, starting at least with the page where my CC info is to be entered.
 

fuliopen

Junior Member
Thanks for the comment. I'd better tell the full story, to solicit advice. I am living in Orlando, Florida. The merchant company is in Cincinnati, Ohio. I made an order online in response to an advertisement for a medical supplement. The price was only $5.95. Unlike all other orders I had made online, this merchant didn't send me an email to confirm the order.

The merchandise came some days after the order was made. But inside the envelope there was no invoice listing the price, product name, company name, and contact information. Another package came about a month later. Quantity of the medicine doubled. But again, there was no invoice. I knew there had to be a charge, thus intended to return the merchandise, but had no idea on the company's return policy. So I could only wait.

Then came the credit card statement. $79.90 was listed as the price. But the merchant's contact information, such as phone number, was not listed in it. I was still unable to contact it, but immediately disputed the transaction to the CC company, which promised to investigate the case.

About a month later, the CC company sent me a letter from the merchant in response to my dispute. Its phone number was listed in a page of it. Only at that time that I became aware of its contact information, and immediately called to cancel the order. An Account Specialist did accordingly, and sent me an email to confirm the cancellation. A cancellation number was included in the email. Please note the date is important. It was Nov. 3, 2009.

In the letter, the merchant said that before I was asked to pay for the merchandise with credit card, I was notified of its policy that it would send me the merchandise every two months with a charge of $79.90 to the credit card. And it had showed me its contact information and cancellation policy.

In my response to the merchant's letter, I told the CC company that the merchant told me nothing as it claimed to. And This was exactly the reason that it didn't send me an email to confirm the order. Because if it had sent the email, it would have to confirm not only the $5.95 order, but also the $79.90 bi-monthly commitment, and information of its contact number and return policy. But the reason why I didn't cancel the order or return the product was that the merchant didn't tell anything.

Following I will tell about the false data entry in my order record. In a page of the merchant's letter to the CC company, it claimed that I canceled the order on Oct. 8. As mentioned above, I didn't cancel it until Nov. 3 when I got its contact information from the CC company. After canceling the order, the merchant sent me an email to confirm the cancellation. There was a cancellation number in the email.

If, as the merchant claims, that I did have cancelled the order on Oct. 8, the merchant should have sent me an email to confirm the cancellation, including an cancellation number. I bet it cannot produce any evidence to support its claim.

Why, then, did the merchant fabricate the cancellation on the order record? It intended to prove that I knew its contact information throughout and other things it claims to have told me, including the bi-monthly payment of $79.90 and cancellation policy. So the merchant placed false information on the order record and sent it to the CC company.

The amount in question is not big, only $79.90. But the merchant did fabricate information in the order record. I like to listen to your advice on this case. In particular, whether is there a fraud involved?

Thanks for your patience in coming to this point.
 

cosine

Senior Member
If they believed you canceled earlier, they should not have charged anything since then. When was the $79.90 charge posted? Before Oct 8? Did you return the 2nd product shipment once you had an address?

A LOT of online companies just love to hide various consumer agreements on their web page by various tricks, then claim the consumer agreed to this. There might be a checkbox hidden in some corner of a page. Also, a LOT of online companies have incompetent web developers that end up with web content that overlaps stuff, making some things (such as links to terms or checkboxes) hidden underneath other content.

A medical supplement AND only $5.95 ... then a $79.90 charge? Sounds very suspicious already for multiple reasons. Would you feel comfortable with revealing the website address? Some of us may be able to get more info from that.

I recommend filing a complaint with the Federal Trade Commission at their ftccomplaintassistant.gov web site.
 

fuliopen

Junior Member
I don't know how to use the quoting function on this website, so just do it in my own way in this post. Very sorry for the inconvenience.

<quote cosine>
If they believed you canceled earlier, they should not have charged anything since then. When was the $79.90 charge posted? Before Oct 8? Did you return the 2nd product shipment once you had an address?
</quote>

I called to cancel the order on Nov. 3. They took it and sent me an email to confirm the cancellation. They canceled the order for me on Oct. 8. They might mean that they would charge the $79.90 only once, but not any more. The reason they did that might be that they had received notification from the CC company about my dispute.

I also got the return address at the phone call, and returned the product the next day, on Nov. 4. According to the online shipping record, the product was delivered to the merchant on Nov. 6, but was rejected. So it was returned to me a few days later.

<quote cosine>
A medical supplement AND only $5.95 ... then a $79.90 charge? Sounds very suspicious already for multiple reasons. Would you feel comfortable with revealing the website address? Some of us may be able to get more info from that.
</quote>

The company's name is Vianda. It is in Cincinnati, Ohio. The product I ordered is Enzyte. Unfortunately, I didn't keep the website address from which the product was ordered.

<quote cosine>
I recommend filing a complaint with the Federal Trade Commission at their ftccomplaintassistant.gov web site.
</quote>

Thanks a lot for your advice and help. If you need more information about this case, please let me know.
 

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