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#1975065 - 11/07/14 03:22 PM denied dispute
reknab Offline
Gold Star
Joined: Oct 2008
Posts: 281
not where I want to be
we denied a reg e dispute based on the fact that the merchant confirmed (via telephone call) the customers name/address as well as delivery of the product to the address we have on file for the customer. This was one of those free trials where the customer is required to cancel within a certain time frame otherwise they are subject to monthy fees for the subscription to the product. Customer also admitted to our customer service rep that they don't always read the terms and conditions. the merchant agreed to refund the customer as well, but we have yet to see the credit and it has been several months. Customer filed a complaint to cfpb and they are now looking for proof of authorization that the vendor provided. Is the phone call confirming the customers info and delivery of product enough? I can't get them to send anything in writing.

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eBanking / Technology
#1975120 - 11/07/14 04:10 PM Re: denied dispute reknab
k8e Offline
100 Club
Joined: Sep 2012
Posts: 131
Reg E states that it isn't an unauthorized transaction if the consumer benefited from it (1005.2(m)). So if they received the merchandise, I'd say the phone call confirming the customer's deliver of product is sufficient reason to deny a claim.
IMO - if the consumer admitted they didn't read the contract that they AGREED to, I'd also say it doesn't matter that they didn't know they'd continue getting charged, they agreed to it.

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