Chargeback Dispute Kit - Alaska

CHARGEBACK DISPUTE KIT — ALASKA

PART A: FEDERAL LEGAL FRAMEWORK

Credit Card Disputes — Regulation Z / Truth in Lending Act (TILA)

The Fair Credit Billing Act (FCBA), codified at 15 U.S.C. § 1666 and implemented by Regulation Z (12 C.F.R. § 1026.13), governs billing error disputes for credit card transactions.

Key Protections:

What Qualifies as a "Billing Error" Under TILA:

☐ Unauthorized charge or charge by person not authorized to use the account
☐ Charge for goods/services not accepted or not delivered as agreed
☐ Charge for which you request documentary evidence and the creditor fails to provide it
☐ Computational or accounting error
☐ Charge for which the creditor failed to properly credit a payment or return
☐ Charge for which the creditor failed to mail or deliver a periodic statement to the consumer's last known address
☐ Any other billing error defined in 15 U.S.C. § 1666(b)

Where to Send the Dispute:
The written notice must be sent to the "billing inquiries" address disclosed on the periodic statement — NOT the payment address.

Debit Card / Electronic Fund Transfer Disputes — Regulation E / EFTA

The Electronic Fund Transfer Act (EFTA), codified at 15 U.S.C. § 1693 et seq. and implemented by Regulation E (12 C.F.R. § 1005), governs disputes for debit card and electronic fund transfer transactions.

Consumer Liability Tiers for Unauthorized Transfers:

Error Resolution Timeline:

Provisional Credit:

• If the bank cannot resolve the investigation within the applicable 10-business-day period (20 business days for the specified new-account rule), it generally must provisionally credit the account to use the extended investigation period, subject to the written-confirmation and securities-account exceptions
• Consumer has full use of provisionally credited funds during investigation
• If the bank determines no error occurred, it must give the written explanation and debit notice required by § 1005.11(d), with the rule's five-business-day protection for specified third-party items and preauthorized transfers

Burden of Proof:
In an action involving consumer liability for an unauthorized electronic fund transfer, 15 U.S.C. § 1693g(b) places the authorization and liability-condition burden on the financial institution.

PART B: CHARGEBACK REASON CODES — COMMON CATEGORIES

Understanding chargeback reason codes helps frame your dispute correctly. Major card networks use different coding systems, but the categories are similar:

Category 1: Fraud / Unauthorized Transaction

• Card not present fraud (online, phone, mail order)
• Counterfeit card used
• Card stolen or lost
• Account takeover
• Never authorized the recurring charge

Category 2: Goods or Services Not Received

• Ordered merchandise never delivered
• Service paid for but never provided
• Merchant went out of business before delivery
• Digital goods/content never made available

Category 3: Goods or Services Not as Described

• Merchandise materially different from description
• Defective or damaged goods received
• Counterfeit or misrepresented product
• Service quality significantly below what was promised

Category 4: Duplicate Charge

• Charged twice for the same transaction
• Both a chip and manual entry processed

Category 5: Incorrect Amount

• Charged more than the agreed-upon price
• Incorrect currency conversion
• Tip amount altered after signing

Category 6: Credit Not Processed

• Returned merchandise but credit never issued
• Canceled service but refund not provided
• Merchant promised credit but never processed

Category 7: Subscription / Recurring Billing

• Canceled subscription but charges continued
• Trial period ended and charged without consent
• Amount of recurring charge changed without notice
• Never signed up for the subscription

PART C: TIMELINE CHART — ALL CRITICAL DEADLINES

Credit Card (Reg Z) Deadlines

DAY 0: Statement date showing billing error
|
|--- DAY 60: DEADLINE — Written dispute must be RECEIVED by creditor
|         (Send well before this date via certified mail)
|
|--- After receipt of dispute:
|    |--- 30 days: Creditor must send written acknowledgment
|    |--- 2 billing cycles (max 90 days): Creditor must resolve
|
|--- During investigation:
     - Creditor cannot report amount as delinquent
     - Creditor cannot restrict or close account solely for dispute
     - Consumer may withhold payment on disputed amount

Debit Card (Reg E) Deadlines

DAY 0: Learn of unauthorized transfer or error
|
|--- 2 BUSINESS DAYS: Report to limit liability to $50
|
|--- DAY 0: Statement date showing error
|
|--- DAY 60: DEADLINE — Must notify bank of error
|
|--- After bank receives notice:
|    |--- 10 business days: Bank must complete investigation
|    |         OR provide provisional credit
|    |--- 45 days: Final investigation deadline (standard)
|    |--- 90 days: Final investigation deadline (POS/new acct/foreign)
|
|--- If provisional credit reversed:
     - Bank must give the written debit notice required by § 1005.11(d)(2) and provide the rule's five-business-day protection for specified third-party items and preauthorized transfers

PART D: THREE-LETTER DISPUTE KIT

LETTER 1: INITIAL DISPUTE LETTER TO CARD ISSUER / BANK

Use this letter for both credit card (Reg Z) and debit card (Reg E) disputes. Modify the statutory references based on the type of account.

[__/__/____]

VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED

[________________________________]
[Card Issuer/Bank Name]
[Billing Inquiries Department / Dispute Department]
[________________________________]
[________________________________]

Re: Billing Error Notice / Dispute of Unauthorized Transaction
Account Number ending in: [____]
Disputed Transaction Amount: $[________________________________]
Transaction Date: [__/__/____]
Merchant Name: [________________________________]

Dear Billing Inquiries Department:

I am writing pursuant to the Fair Credit Billing Act, 15 U.S.C. § 1666, and Regulation Z, 12 C.F.R. § 1026.13 [OR the Electronic Fund Transfer Act, 15 U.S.C. § 1693f, and Regulation E, 12 C.F.R. § 1005.11] to dispute the following transaction(s) appearing on my account statement dated [__/__/____]:

Reason for Dispute

(Select and complete the applicable section. Delete inapplicable sections.)

☐ Unauthorized Transaction / Fraud
I did not authorize this transaction. I did not make this purchase, nor did I authorize anyone to use my account for this transaction. My card was ☐ lost ☐ stolen ☐ never out of my possession (card-not-present fraud). I discovered the unauthorized charge on [__/__/____].

☐ Goods or Services Not Received
I ordered [________________________________] from [________________________________] on [__/__/____]. The expected delivery/performance date was [__/__/____]. As of the date of this letter, I have not received the goods/services. I contacted the merchant on [__/__/____] and [________________________________] (describe merchant response or non-response).

☐ Goods or Services Not as Described / Defective
I received [________________________________] on [__/__/____]. The goods/services were materially different from what was described because: [________________________________]. I contacted the merchant on [__/__/____] to resolve the issue. The merchant ☐ refused to resolve ☐ did not respond ☐ offered an inadequate resolution: [________________________________].

☐ Duplicate Charge
I was charged twice for the same transaction. The original charge was on [__/__/____] for $[________________________________]. The duplicate charge was on [__/__/____] for $[________________________________].

☐ Incorrect Amount
The correct amount should be $[________________________________]. I was charged $[________________________________], resulting in an overcharge of $[________________________________].

☐ Credit Not Processed
I returned merchandise / canceled services on [__/__/____]. The merchant agreed to issue a credit of $[________________________________] on [__/__/____]. The credit has not appeared on my statement. Return tracking number (if applicable): [________________________________].

☐ Subscription / Recurring Charge Not Authorized
I canceled my subscription/recurring service with [________________________________] on [__/__/____] via ☐ phone ☐ email ☐ online ☐ letter. Confirmation number: [________________________________]. Despite cancellation, I was charged $[________________________________] on [__/__/____].

Actions Already Taken

I have made the following attempts to resolve this dispute directly with the merchant:

Request

Pursuant to 15 U.S.C. § 1666 [or § 1693f], I request that you:

1. Investigate this billing error and issue a chargeback for the disputed amount of $[________________________________]
2. Credit my account for the disputed amount
3. Remove any finance charges, late fees, or other charges related to the disputed amount
4. Block future recurring charges from this merchant (if applicable)
5. Provide written confirmation of the resolution

Under Regulation Z, you must acknowledge receipt of this notice within 30 days and resolve the investigation within 2 billing cycles (maximum 90 days). [Under Regulation E, you must complete your investigation within 10 business days or provide provisional credit to my account.]

During the investigation, I understand that I am not required to pay the disputed amount and you may not report the disputed amount as delinquent to any credit reporting agency.

Enclosed Evidence

☐ Copy of account statement with disputed transaction(s) highlighted
☐ Receipts or order confirmations
☐ Correspondence with merchant (emails, chat logs, letters)
☐ Screenshots of product listing or service description
☐ Delivery tracking information
☐ Return tracking information / RMA confirmation
☐ Cancellation confirmation
☐ Photos or videos of defective/non-conforming goods
☐ Police report (for fraud/unauthorized use)
☐ Other: [________________________________]

Sincerely,

Signature: ________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Phone: [________________________________]

Account Number ending in: [____]

LETTER 2: FOLLOW-UP LETTER — PROVISIONAL CREDIT DENIED OR INVESTIGATION UNSATISFACTORY

Use this letter if the bank/issuer denies your initial dispute, reverses provisional credit, or provides an unsatisfactory resolution.

[__/__/____]

VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED

[________________________________]
[Card Issuer/Bank Name]
[Billing Inquiries Department / Dispute Department]
[________________________________]
[________________________________]

Re: Second Request — Dispute of Transaction on Account ending in [____]
Original Dispute Date: [__/__/____]
Dispute Reference Number: [________________________________]
Disputed Amount: $[________________________________]

Dear Billing Inquiries Department:

I am writing to follow up on my billing error dispute submitted on [__/__/____] regarding the transaction(s) described in my original dispute letter (copy enclosed). I received your response dated [__/__/____] indicating that [________________________________] (describe the bank's response — e.g., dispute denied, provisional credit reversed, partial credit only).

Why the Resolution Is Inadequate

[________________________________]
[________________________________]
[________________________________]
[________________________________]

Additional Evidence

Since my original dispute, I have obtained the following additional evidence supporting my claim:

☐ [________________________________]
☐ [________________________________]
☐ [________________________________]

Legal Basis for Continued Dispute

For Credit Card Disputes (Reg Z):
Under 15 U.S.C. § 1666(b)(3), a billing error includes a charge for goods or services not accepted by the obligor or not delivered to the obligor as agreed. Under 12 C.F.R. § 1026.13(f), if after investigation the creditor determines that a billing error occurred, it must correct the error and credit the consumer's account. If the creditor determines no error occurred, it must provide a written explanation of the reasons and, upon request, provide copies of documentary evidence.

For Debit Card Disputes (Reg E):
Under 15 U.S.C. § 1693f(a), the financial institution bears the burden of proof that the transaction was authorized. Under 12 C.F.R. § 1005.11(c)(2), if the institution determines no error occurred, it must provide a written explanation of its findings and inform the consumer of the right to request the documents relied upon.

Request

1. I request that you reconsider your determination and issue a credit for $[________________________________]
2. If you maintain your determination, I request that you provide me with copies of all documents and evidence you relied upon in reaching your determination, as required by [12 C.F.R. § 1026.13(f)(2) / 12 C.F.R. § 1005.11(d)(1)]
3. Please note that 15 U.S.C. § 1666(e) provides a forfeiture capped at $50 for specified FCBA noncompliance [or that § 1693f(e) permits treble damages only if a court makes one of its specified bad-faith or knowing-and-willful findings]

I reserve all rights under federal and Alaska state law and will escalate this matter to the appropriate regulatory agencies if necessary.

Sincerely,

Signature: ________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Phone: [________________________________]

Account Number ending in: [____]

Enclosures:

• Copy of original dispute letter and certified mail receipt
• Copy of bank's response
• Additional evidence as described above

LETTER 3: REGULATORY COMPLAINT LETTER

Use this letter if the bank/issuer fails to follow proper dispute resolution procedures, ignores your dispute, or provides an unjust resolution. File with the appropriate regulatory agency.

[__/__/____]

VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED

Primary Regulator (select one):

☐ Consumer Financial Protection Bureau (CFPB)
P.O. Box 4503
Iowa City, IA 52244
Online: consumerfinance.gov/complaint

☐ Office of the Comptroller of the Currency (OCC) (national banks)
Customer Assistance Group
1301 McKinney Street, Suite 3450
Houston, TX 77010

☐ Federal Reserve Board (state-chartered Fed member banks)
Consumer and Community Affairs
20th Street and Constitution Avenue NW
Washington, DC 20551

☐ FDIC (state-chartered non-Fed-member banks)
Consumer Response Center
1100 Walnut Street, Box #11
Kansas City, MO 64106

☐ NCUA (credit unions)
Consumer Assistance Center
1775 Duke Street
Alexandria, VA 22314

☐ Alaska Department of Law — Consumer Protection Unit
1031 W. 4th Avenue, Suite 200
Anchorage, AK 99501-1994

Re: Complaint Against [________________________________] for Violation of [Regulation Z / Regulation E]
Account Number ending in: [____]
Original Dispute Date: [__/__/____]

Dear Sir or Madam:

I am filing this complaint because [________________________________] (bank/card issuer) has failed to comply with the error resolution requirements of [the Fair Credit Billing Act (15 U.S.C. § 1666) and Regulation Z (12 C.F.R. § 1026.13) / the Electronic Fund Transfer Act (15 U.S.C. § 1693f) and Regulation E (12 C.F.R. § 1005.11)].

Summary of Dispute

On [__/__/____], I submitted a written billing error notice to [________________________________] regarding a disputed transaction of $[________________________________] with merchant [________________________________] on [__/__/____]. (Summarize the dispute.)

Regulatory Violations

The financial institution has violated federal law in the following ways:

☐ Failed to acknowledge my dispute within 30 days as required by 15 U.S.C. § 1666(a)(A)
☐ Failed to resolve the investigation within 2 billing cycles / 90 days as required by 15 U.S.C. § 1666(a)(B)
☐ Reported the disputed amount as delinquent during the investigation, violating 15 U.S.C. § 1666(c)
☐ Failed to provide provisional credit within 10 business days as required by 15 U.S.C. § 1693f(c)
☐ Failed to complete the investigation within 45/90 days as required by Regulation E
☐ Failed to provide written explanation of findings as required by 12 C.F.R. § 1026.13(f) / § 1005.11(d)
☐ Restricted, closed, or threatened my account in retaliation for filing a dispute, violating 12 C.F.R. § 1026.13(d)
☐ Other: [________________________________]

Alaska State Law Violations

In addition to federal violations, the financial institution's conduct may violate the Alaska Unfair Trade Practices and Consumer Protection Act (AS 45.50.471 et seq.) if the facts establish an unfair or deceptive act in trade or commerce and an ascertainable loss of money or property. Under AS 45.50.531(a), a qualifying private action permits three times actual damages or $500, whichever is greater. Attorney-fee consequences are governed separately by AS 45.50.537, including consequences for a prevailing defendant; confirm the claim and any federal preemption issue before asserting it.

Resolution Requested

1. Investigation of [________________________________] for the violations described above
2. Order requiring the financial institution to comply with error resolution procedures
3. Credit of $[________________________________] to my account
4. Removal of any adverse credit reporting related to this dispute
5. Appropriate enforcement action

Enclosed Documents

☐ Copy of original dispute letter with certified mail receipt
☐ Copy of follow-up letter with certified mail receipt
☐ Copy of bank's response(s)
☐ Copy of account statements showing disputed transaction(s)
☐ All supporting evidence previously submitted to the bank
☐ Timeline of events

Sincerely,

Signature: ________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Phone: [________________________________]

Email: [________________________________]

PART E: ALASKA-SPECIFIC CONSUMER PROTECTIONS

Alaska Unfair Trade Practices and Consumer Protection Act (AS 45.50.471 et seq.)

Alaska's consumer protection statute provides additional protections that supplement federal chargeback rights:

Prohibited Practices (AS 45.50.471):

• Unfair or deceptive acts or practices in the conduct of trade or commerce
• Includes misrepresentation of goods or services, failure to deliver goods as promised, and deceptive billing practices

Private Right of Action (AS 45.50.531):

• Consumers may bring civil actions for violations
• Damages: Actual damages or $500, whichever is greater
• Treble Damages: Available for willful violations (up to three times actual damages)
• Attorney Fees: Prevailing consumers may recover reasonable attorney fees and costs
• Statute of Limitations: 2 years from discovery of the violation

Attorney General Enforcement (AS 45.50.501):

• The Alaska Attorney General may bring actions to restrain violations and obtain restitution
• Civil penalties of up to $25,000 per violation

Filing a Consumer Complaint with Alaska

Alaska Department of Law — Consumer Protection Unit
1031 W. 4th Avenue, Suite 200
Anchorage, AK 99501-1994
Phone: (907) 269-5200
Toll-Free: (888) 576-2529
Website: law.alaska.gov/department/civil/consumer.html

PART F: EVIDENCE ORGANIZATION CHECKLIST

Organize your evidence carefully before submitting your dispute. Strong documentation significantly increases the likelihood of a successful chargeback.

Transaction Records

☐ Account statement(s) showing the disputed transaction(s) — highlighted
☐ Receipt or order confirmation for the original transaction
☐ Authorization or reference number for the transaction
☐ Screenshot of online transaction history

Merchant Communications

☐ Emails between you and the merchant
☐ Chat logs or transcripts
☐ Letters sent to/from the merchant
☐ Records of phone calls (date, time, representative name, summary)
☐ Social media messages

Delivery / Service Evidence

☐ Shipping tracking information showing non-delivery
☐ Delivery confirmation showing wrong item or address
☐ Signed delivery receipts
☐ Photos of damaged or incorrect merchandise
☐ Videos showing defect or non-conformity

Return / Cancellation Evidence

☐ Return tracking number and delivery confirmation
☐ RMA (Return Merchandise Authorization) number and correspondence
☐ Cancellation confirmation (email, screenshot, or letter)
☐ Date and method of cancellation request

Subscription-Specific Evidence

☐ Original subscription terms and conditions
☐ Trial period terms and end date
☐ Cancellation request and confirmation
☐ Evidence of changed terms without notice

Fraud-Specific Evidence

☐ Police report
☐ FTC Identity Theft Report
☐ Statement that you did not authorize the transaction
☐ Evidence of card being in your possession during the fraudulent transaction

PART G: PRACTICE TIPS FOR MAXIMIZING CHARGEBACK SUCCESS

Timing

1. Act quickly. For credit cards, the 60-day period runs from transmission of the first statement reflecting the error, not the transaction date. For debit cards, report loss or theft of an access device within two business days to preserve the lowest liability tier.
2. Send written notice even if you call first. A phone call starts the process, but written notice creates a legally enforceable record under both Reg Z and Reg E.
3. Use certified mail with return receipt. This provides proof of delivery and the date received, which is critical for meeting deadlines.

Documentation

4. Document everything from day one. Keep a log of every call, email, and letter related to the dispute.
5. Organize evidence by category. Use the checklist in Part F to ensure completeness.
6. Include only relevant evidence. Do not overwhelm the reviewer — focus on the most compelling documents.

Strategy

7. Contact the merchant first (when appropriate). For non-fraud disputes, attempting resolution with the merchant strengthens your chargeback claim.
8. Match your reason code. Frame your dispute to fit the appropriate chargeback reason code for the card network.
9. Be specific and factual. Avoid emotional language. State the facts clearly with dates, amounts, and reference numbers.
10. Escalate systematically. Use Letter 1 first, then Letter 2, then Letter 3. Each escalation should reference the prior correspondence and add new information.

Legal Leverage

11. Cite the statute. Referencing specific provisions of TILA/FCBA (15 U.S.C. § 1666) or EFTA (15 U.S.C. § 1693f) signals that you understand your rights.
12. State remedies accurately. Section 1666(e) provides a forfeiture capped at $50 for specified FCBA noncompliance. Section 1693f(e) permits treble damages only on the statutory court findings; it is not an automatic remedy for every investigation error.
13. File a CFPB complaint. The CFPB tracks complaints and forwards them to the financial institution, which typically generates a faster response.

SOURCES AND REFERENCES

• Fair Credit Billing Act, 15 U.S.C. § 1666: https://www.law.cornell.edu/uscode/text/15/1666
• Electronic Fund Transfer Act, 15 U.S.C. § 1693f: https://www.law.cornell.edu/uscode/text/15/1693f
• Regulation Z — Billing Error Resolution, 12 C.F.R. § 1026.13: https://www.consumerfinance.gov/rules-policy/regulations/1026/13/
• Regulation E — Error Resolution, 12 C.F.R. § 1005.11: https://www.consumerfinance.gov/rules-policy/regulations/1005/11/
• CFPB Error Resolution Guide: https://www.consumercomplianceoutlook.org/2021/second-issue/error-resolution-and-liability-limitations-under-regulations-e-and-z/
• Alaska Unfair Trade Practices Act, AS 45.50.471: https://www.akleg.gov/basis/statutes.asp#45.50.471
• Alaska Department of Law — Consumer Protection: https://law.alaska.gov/department/civil/consumer.html
• Consumer Financial Protection Bureau — File a Complaint: https://www.consumerfinance.gov/complaint/

This template is provided for informational purposes only and does not constitute legal advice. Chargeback disputes involve strict deadlines and procedural requirements under federal law. Consult a qualified attorney licensed in Alaska for advice specific to your situation.