Debit Cards are not govern by the same laws than Credit Cards.
You should know, under the Electronic Transfer Act:
1.Your loss is limited to $50.00 if you notified your financial institution within two business days. Waiting longer than two business days to report and request a debit card chargeback can increase your liability to $500.00.
According to the Electronic Transfer Act, once the error has been reported, the financial institution will:
1.Investigate your claim and provide resolution usually within 45 days of your report.
2.If the investigation takes less than 10 days to finish and is determined to be a valid claim, a debit card chargeback will be processed. Your financial institution will notify you either way of the results of your claim. You have the right to see supporting documents used to determine the outcome of the investigative decision.
You should know the Electronic Transfer Act has limitations. Some of these limitations are outlined here:
1.The Act does not apply to many preauthorized transactions (i.e. monthly subscription plans)
2.Not all transfers are covered. Ask your financial institution for policies related to this as policies do vary from bank to bank.
3.You do not have the right to “Stop Payment.”
From sources I have read, credit card chargebacks may be easier than debit card chargebacks. I understand this is because liability policies are different with credit cards.
If there is fraudulent use on your debit card, and you notify the financial institution in time, you can still be out those disputed funds for up to 20 days. Therefore, you want to have some money in reserve to cover any outstanding debts that have not yet cleared your account. Once you start bouncing checks, you start negatively impacting your credit.
Know the Law
If you do not notify your financial institution within 60 days of your card being lost or stolen, there is NO LIMITATION on your liability of fraudulent use.
Keep in mind that a thief does not necessarily need to have your card in his/her possession in order to use it. Many companies take mail and phone orders on debit cards.
The Chargeback - Using Your Credit Card for Dispute Resolution
Many of us have been in a situation where we did not get a product or service we paid for or received something defective. For example, when companies declare bankruptcy or go out of business people are often unable to use pre-paid purchases, such as plane tickets and gift certificates. The increase in internet shopping has also created difficulties for many buyers, who cannot simply go to the store and complain if they have a problem with their orders. However, by using your credit card for purchases you have a remedy if you experience problems later.
Fair Credit Billing ActUnder the Fair Credit Billing Act you can dispute credit card charges for goods and services you never received and, under certain circumstances, for unsatisfactory goods or services that you did receive. This right is time-limited. The creditor must receive a letter from you within 60 days after the bill containing the charge is mailed to you. The creditor has two billing cycles or 90 days, whichever is less, to investigate your claim. You do not have to pay the disputed portion of the bill while the creditor is researching the claim, but you still must pay any undisputed part.
If the creditor agrees with your dispute they will remove the charge from your bill and reverse payment to the merchant you bought the product or service from, called a chargeback. If the creditor disagrees with your dispute they are required to send you a letter explaining why. At this point you must pay the disputed amount and any finance charges that have accrued, or you will be marked late on your credit report. To dispute the findings you must write to the creditor within ten days of receiving their letter.
Debit CardsThe Fair Credit Billing Act only applies to credit cards, not debit cards. However Visa and MasterCard offer the same chargeback service for debit cards transactions where you choose the “credit” option (as opposed to the “debit” option). Still, even though you can request a chargeback on some debit card transactions there is an important difference between debit cards and credit cards. With a credit card you do not have to make the payment while the company is researching the charge. With a debit card the money is taken out of your checking account right away, and you have to wait to get your money back.
Credit Card Advantage
In addition to stricter liability laws, credit cards offer more consumer protection on purchases made. Use credit cards for very large or fragile purchases and for objects that will be delivered to your home after the purchase. This gives you added insurance in case the purchase is damaged in route.
One final advantage of credit cards is that they are helpful for consumers seeking to establish or reestablish an attractive credit history. Responsible credit card usage can improve one's credit rating, which will improve your chances of obtaining favorable credit terms (low interest rates, low fees, etc.) for automobile loans, mortgages and personal loans.
My name is Andre Plessis. I am a REALTOR® with Keller Williams® Realty. My mission is to empower and educate people so they learn how to buy and sell real estate correctly to build long-term wealth. The Wealth Creation Team is a team of experienced Estate Planning Attorneys, Tax Advisors, Mortgage Planners and REALTORS®. The WCT is a group of carefully selected professionals who work with individuals to help them eliminate debt, stay out of debt, create and manage their wealth!
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