California Credit Card User Rights

[CCScam]

My question involves a consumer law issue in the State of: California

I live in California. Visited Toronto in July for 4 days, just a tourist and no friends or family there.

Long story short: car rental company scammed on me. Long after my return to California, they charged my credit card multiple times for "hidden fees" including insurance I allegedly agreed to carry, and tolls & service fee I allegedly incurred / owed them. I paid all but the toll charge as they would not respond to multiple emails & calls asking for proof of tolls and a copy of the rental agreement where I had allegedly agreed to pay a HUGE service fee if I ever incured a toll.

I disputed the toll & service fee charge with my bank, closed my card and got a new replacement card. Lo & behold, today I saw the same charge appear again on my account. When I spoke to the bank's dispute & fraud services they claim that they were still trying to communicate with the merchant and that the charge today is a new charge! They also said that even though my old card account number was "closed" that there is no "guarantee" that new charges from the business wouldn't go through if they attempted it again even without knowing my new card number. So, this means that these con artists can harass me forever, if they choose to do so, forcing me to file dispute after dispute each time they charge my card, and waste my time trying to commumicate with them to document that their charges as being in bad faith with the bank!

Please help. What are my rights as a card holder and how can I stop this harassment? Thank you for any advice you may have in this regard.

[adjusterjack]

It's not harassment if you owe the money.

Let them sue you. Then they'll have to produce the contract that you signed without reading and didn't keep a copy.

[pg1067]

I don't really understand your question, and compiling a list of "rights" would serve no useful purpose. Your credit card issuer has a procedure in place for disputing charges. Make sure you follow that procedure to the letter. If the credit card issuer resolves the disputes in your favor, then that's that. If the credit card issuer resolves the disputes adverse to you, then you'd have to sue the rental car company to have a shot at recovering the money.

[CCScam]

It's not harassment if you owe the money.

Let them sue you. Then they'll have to produce the contract that you signed without reading and didn't keep a copy.

It is harassment if they claim that I owe tolls and repeatedly charge my card but refuse to send me a copy of the toll notice they received. This makes it a likely scam. The contract only comes into picture IF the triggering event happened (which is that I owe the tolls), right?

If this is legit and I do owe tolls then why won't they respond to my email inquiries & send me a copy of the toll notice I allegedly incurred? That is why i suspect this is a bogus charge.

I don't really understand your question, and compiling a list of "rights" would serve no useful purpose. Your credit card issuer has a procedure in place for disputing charges. Make sure you follow that procedure to the letter. If the credit card issuer resolves the disputes in your favor, then that's that. If the credit card issuer resolves the disputes adverse to you, then you'd have to sue the rental car company to have a shot at recovering the money.

My question really is this. Banks market credit cards claiming that consumers are protected in the event of fraud (including bogus charges). But is this really the case? If any merchant is able to charge my account after my card is closed and while a dispute with them is in process then where is the promised "protection"? And what stops any unscrupulous business from continually and fraudulently charging a customers card? In this particular instance, if they had produced a copy of the toll notice they receieved from the City / authority, I absolutely am liable for the fees and will pay them (including the steep "service charge"). But they have not produced a copy of the toll bill (which maies me suspect that this us a scam) and the bank permitted this charge to come through (which they initially told me that only "trustworthy large merchants like Amazon or Netflix or even Expedia can do). Secondly, this rental company is not on my auto pay!

So what "protection" are these banks claiming that customers have against fraud and shady business practices?

[adjusterjack]

How much money are you talking about for the tolls? Provide the dollar amount.

[CCScam]

How much money are you talking about for the tolls? Provide the dollar amount.

Jack, the invoice they sent me claimed Canadian $35 in tolls. The contract I remember signing stated a Canadian $50 servics fee which seemed steep to me at ths time but I accepted it because I jusr needed a car (yeah, duh, I know). The invoice does state a Canadian $50 service fee. However, they charged my card for $100 Canadian dollars ! Maybe in their world $35 + $50 adds up to $100. I set my GPS to avoid toll roads and was there for 4 days but that doesn't mean i didn't incur tolls (which is why i am asking for a copy of the bill the city / authorities sent them)

[adjusterjack]

Option 1 - Fighting this will cost you more than $100 because you will have to sue and get an declaratory judgment that you don't owe the money

Pyrrhic victory - A victory that is accompanied by enormous losses and leaves the winners in as desperate shape as if they had lost. Pyrrhus was an ancient general who, after defeating the Romans, told those who wished to congratulate him, “One more such victory and Pyrrhus is undone.”

Option 2 - Let them have their $100 and get over it.

This isn't something you want to fall on your sword for.

[pg1067]

My question really is this. Banks market credit cards claiming that consumers are protected in the event of fraud (including bogus charges). But is this really the case?

It's difficult and pointless to generalize, but it's certainly true that a great many credit card issuers offer a variety of fraud protection measures.

If any merchant is able to charge my account after my card is closed and while a dispute with them is in process then where is the promised "protection"?

I don't know because it's an incomplete hypothetical -- i.e., I don't know what protection was promised. Nor have I read your credit card agreement.

I'm going to stop addressing these pointless, general questions. I've already explained to you that your credit card issuer has a dispute resolution process that you need to follow. It's now up to you to follow that process or not.