Consumer Protection Law
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The merchant could not provide accurate accounting indicating where the money kept from my returns had been applied. When the contradictions were pointed out during the dispute(s) process, arbitration decided in my favor for the amount mentioned above. Same situation for 2 additional credit cards involved; just not as much money, but significant amounts. Staying with just the one MC, my credit limit was exceeded by $100,000 at one point. I never received one phone call and don't understand why my card was not declined - as it should have been. The bank that owns the MC told me that for customers with excellent credit they will allow extreme credit limit overages. That has NEVER been my experience in the past. I did not recognize that I had been re-billed by the merchant and did not understand if it is or is not allowed. The VISA/MC merchant guidelines states that transactions must be handled a certain way; regardless of whether the merchant is "owed" money. The merchant's lack of proper bookkeeping and accounting is the reason they lost the disputes. That is not my fault and it has taken 3 yrs of my life trying to resolve this case b/c of their egregious and "questionable" accounting. Counsel for the merchant sent me a letter for the $86,000 I was credited from arbitration. What is the point of agreeing to abide by arbitration decisions if the merchant can still sue me for money I was credited - whether I have the merchandise or not. Also, I have no way of finding out if the CC company stated I authorized the charges. They would have to say I did b/c they put them through. Also, what about the statute of limitations? Isn't it too late for me to sue them? I would like to add that although I have no intention of reporting to the bar or telling my lawyer about these inquiries (if she would answer them I wouldn't have to be asking you), I did not think it was in my best interest to go into a meeting without first discussing with me what she was planning to say. Much less state that I did owe the merchant money (by her calculations), just not as much as they claimed. Is that standard procedure to provide the proof of your client's alleged obligation? Shouldn't that be the accuser's burden?
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