FLORIDA CHARGEBACK DISPUTE KIT

PART I: OVERVIEW OF CHARGEBACK RIGHTS

A. Federal Consumer Protections

Credit card users are protected by comprehensive federal laws that govern billing disputes and unauthorized transactions:

Fair Credit Billing Act (FCBA) - 15 U.S.C. § 1666-1666j
The FCBA requires creditors to promptly acknowledge consumer billing complaints and investigate billing errors. Creditors are prohibited from taking actions that adversely affect the consumer's credit standing until an investigation is completed. The Act also requires creditors to promptly post payments and either refund overpayments or credit them to the consumer's account.

Regulation Z - 12 C.F.R. § 1026.12-1026.13
Regulation Z implements the Truth in Lending Act and provides:
- Liability for unauthorized use is limited to the lesser of $50 or the amount of unauthorized charges before notification to the issuer (§ 1026.12(b))
- Comprehensive billing error resolution procedures (§ 1026.13)
- Protection against adverse credit reporting during disputes
- Right to withhold payment on disputed amounts during investigation

B. Florida State Protections

Florida Deceptive and Unfair Trade Practices Act (FDUTPA) - Fla. Stat. § 501.201-501.213
FDUTPA protects Florida consumers from unfair methods of competition and unconscionable, deceptive, or unfair acts or practices in trade or commerce. Unlike the federal FTC Act, FDUTPA provides a private right of action allowing individual consumers to sue.

Remedies Under FDUTPA (Fla. Stat. § 501.211)
- Recovery of actual damages
- Attorney's fees and court costs (Fla. Stat. § 501.2105)
- Declaratory relief
- Injunctive relief

PART II: CRITICAL TIMELINE REQUIREMENTS

A. Federal Deadlines Under FCBA/Regulation Z

B. Important Notes on the 60-Day Rule

The 60-day period begins when:
- The creditor transmits or mails the statement containing the billing error
- NOT when you receive the statement
- NOT when you first notice the error

If no statement is sent:
- The 60-day period runs from when the statement should have been sent
- Once a late statement is provided, a new 60-day period begins

The notice must be:
- In writing (phone calls are insufficient to preserve rights)
- Received by the creditor at the designated billing address before the deadline expires
- Send at least 1-2 weeks before the deadline to ensure timely receipt

PART III: CHARGEBACK REASON CODES

A. Visa Reason Codes

Category 10: Fraud
| Code | Description | Common Use |
|------|-------------|------------|
| 10.1 | EMV Liability Shift - Counterfeit Fraud | Counterfeit card at non-chip terminal |
| 10.2 | EMV Liability Shift - Non-Counterfeit Fraud | Legitimate card used fraudulently at non-chip terminal |
| 10.3 | Other Fraud - Card Present | In-person fraudulent transaction |
| 10.4 | Other Fraud - Card Not Present | Online/phone fraudulent transaction |
| 10.5 | Visa Fraud Monitoring Program | Systematic fraud identified by Visa |

Category 11: Authorization Errors
| Code | Description | Common Use |
|------|-------------|------------|
| 11.1 | Card Recovery Bulletin | Transaction on canceled/blocked card |
| 11.2 | Declined Authorization | Transaction processed despite decline |
| 11.3 | No Authorization | No authorization obtained |

Category 12: Processing Errors
| Code | Description | Common Use |
|------|-------------|------------|
| 12.1 | Late Presentment | Transaction submitted after time limit |
| 12.2 | Incorrect Transaction Code | Wrong transaction type processed |
| 12.3 | Incorrect Currency | Currency conversion error |
| 12.4 | Incorrect Account Number | Wrong account charged |
| 12.5 | Incorrect Amount | Charged different from agreed amount |
| 12.6 | Duplicate Processing | Same transaction charged twice |
| 12.7 | Invalid Data | Transaction contains invalid information |

Category 13: Consumer Disputes
| Code | Description | Common Use |
|------|-------------|------------|
| 13.1 | Merchandise/Services Not Received | Goods or services never delivered |
| 13.2 | Canceled Recurring Transaction | Recurring charge after cancellation |
| 13.3 | Not as Described or Defective | Product different from description |
| 13.4 | Counterfeit Merchandise | Fake or imitation goods received |
| 13.5 | Misrepresentation | Merchant misrepresented product/service |
| 13.6 | Credit Not Processed | Refund not applied to account |
| 13.7 | Canceled Merchandise/Services | Return/cancellation not credited |
| 13.8 | Original Credit Transaction Not Accepted | Refund transaction rejected |
| 13.9 | Non-Receipt of Cash or Load Transaction | ATM/cash back not received |

B. Mastercard Reason Codes

Fraud Category
| Code | Description | Common Use |
|------|-------------|------------|
| 4837 | No Cardholder Authorization | Unauthorized transaction claim |
| 4849 | Questionable Merchant Activity | Suspicious merchant behavior |
| 4863 | Cardholder Does Not Recognize | Transaction not recognized |
| 4870 | Chip Liability Shift | Chip card at non-chip terminal |
| 4871 | Chip/PIN Liability Shift | Lost/stolen/NRI fraud |

Authorization Category
| Code | Description | Common Use |
|------|-------------|------------|
| 4807 | Warning Bulletin File | Transaction on blocked card |
| 4808 | Authorization-Related Chargeback | Authorization issues |

Cardholder Dispute Category
| Code | Description | Common Use |
|------|-------------|------------|
| 4853 | Cardholder Dispute | General disputes (multiple sub-codes) |
| 4853.1 | Goods/Services Not Provided | Non-delivery |
| 4853.2 | Not as Described | Quality/description issues |
| 4853.3 | Canceled Recurring | Recurring after cancellation |
| 4853.4 | Addendum/No-Show | Hotel/car rental disputes |

Point-of-Interaction Errors
| Code | Description | Common Use |
|------|-------------|------------|
| 4834 | Duplicate Processing | Double charge |
| 4831 | Transaction Amount Differs | Incorrect amount |
| 4842 | Late Presentment | Late submission by merchant |

PART IV: STEP-BY-STEP DISPUTE PROCESS

Step 1: Identify the Dispute Type

☐ Unauthorized Transaction/Fraud
- Card used without your knowledge or permission
- Card was lost, stolen, or never received
- Account takeover or identity theft

☐ Billing Error
- Charged for goods/services not received
- Charged incorrect amount
- Duplicate charge
- Credit not applied
- Computational error

☐ Quality Dispute
- Goods not as described
- Defective merchandise
- Services not rendered as agreed
- Counterfeit products

☐ Recurring Charge Issue
- Charged after cancellation
- Trial period charges
- Unauthorized subscription renewal

Step 2: Gather Documentation

For All Disputes:
☐ Credit card statement showing the disputed charge
☐ Your identification and account information
☐ Timeline of events with specific dates

For Fraud/Unauthorized Use:
☐ Police report (if applicable)
☐ FTC Identity Theft Report (if identity theft)
☐ Documentation of travel or alibi (if applicable)
☐ Records of when card was reported lost/stolen

For Non-Delivery:
☐ Order confirmation and receipt
☐ Delivery tracking information
☐ Communications with merchant about delivery
☐ Expected delivery date documentation

For Quality Issues:
☐ Original product description/advertisement
☐ Photographs showing actual condition
☐ Expert assessment (if applicable)
☐ Return shipping documentation

For Merchant Contact:
☐ Email correspondence
☐ Chat transcripts
☐ Phone call logs with dates and representatives
☐ Written letters sent and responses received
☐ Return authorization numbers

Step 3: Contact the Merchant First

Before filing a chargeback, attempt to resolve the issue directly with the merchant:

☐ Contact merchant customer service
☐ Document date, time, and representative name
☐ Request resolution in writing
☐ Allow reasonable time for response (7-14 days)
☐ If no resolution, proceed to Step 4

Note: For fraud cases, you may skip this step and proceed directly to your card issuer.

Step 4: File Dispute with Card Issuer

Methods of Filing:

☐ Online: Through your card issuer's website or mobile app
☐ Phone: Call the number on the back of your card
☐ Written: Send written notice to the billing inquiry address (REQUIRED to preserve full FCBA rights)

Written Notice Requirements (12 C.F.R. § 1026.13(b)):
1. Your name and account number
2. Statement that a billing error exists
3. Amount of the billing error
4. Reasons why you believe it is a billing error

Step 5: Follow Up and Document

☐ Note the dispute reference number
☐ Confirm receipt of your written notice
☐ Track the 30-day acknowledgment deadline
☐ Track the 90-day resolution deadline
☐ Respond promptly to any requests for additional information
☐ Keep copies of all correspondence

PART V: BANK DISPUTE LETTER TEMPLATE

[Your Full Legal Name]
[Your Street Address]
[City, State ZIP Code]
[Your Email Address]
[Your Phone Number]

Date: [__/__/____]

VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED

[Card Issuer Name]
Billing Inquiries Department
[Issuer's Billing Address]
[City, State ZIP Code]

Re: Written Notice of Billing Error Pursuant to 15 U.S.C. § 1666 and 12 C.F.R. § 1026.13
Account Number (last 4 digits): [____]
Disputed Transaction Amount: $[________________________________]
Transaction Date: [__/__/____]
Merchant Name: [________________________________]
Transaction Reference/Authorization Number: [________________________________]

Dear Billing Inquiries Department:

Pursuant to the Fair Credit Billing Act, 15 U.S.C. § 1666, and Regulation Z, 12 C.F.R. § 1026.13, I am providing written notice of a billing error on my account. This letter is sent within 60 days of the statement date on which the disputed charge first appeared.

SECTION 1: ACCOUNT INFORMATION

Cardholder Name: [________________________________]
Account Number (last 4 digits): [____]
Statement Date Showing Disputed Charge: [__/__/____]

SECTION 2: DISPUTED TRANSACTION DETAILS

Merchant Name: [________________________________]
Merchant Location: [________________________________]
Transaction Date: [__/__/____]
Posted Date: [__/__/____]
Transaction Amount: $[________________________________]
Transaction Type: ☐ In-Person ☐ Online ☐ Phone/Mail Order ☐ Recurring

SECTION 3: REASON FOR DISPUTE

Primary Dispute Category (select one):

☐ Unauthorized Transaction - I did not authorize this transaction. This charge was made without my knowledge, permission, or consent. [If applicable: My card was lost/stolen on [__/__/____] and I reported this to you on [__/__/____].]

☐ Goods/Services Not Received - I was charged for merchandise or services that I ordered but never received. The expected delivery/service date was [__/__/____]. As of the date of this letter, I have not received the goods/services.

☐ Goods Not as Described/Defective - The merchandise I received was materially different from what was described or is defective. [Describe specific differences or defects: ________________________________]

☐ Duplicate Charge - I was charged multiple times for the same transaction. The original charge appeared on [__/__/____] in the amount of $[________]. The duplicate charge(s) appeared on [__/__/____].

☐ Incorrect Amount - I was charged $[________] but the correct amount should have been $[________]. The difference of $[________] constitutes the billing error.

☐ Credit Not Processed - The merchant agreed to issue a credit/refund on [__/__/____] in the amount of $[________], but this credit has not appeared on my account. [Reference number if applicable: ________________________________]

☐ Canceled Recurring Transaction - I canceled this recurring charge on [__/__/____] by [method of cancellation]. The charge on [__/__/____] occurred after my cancellation and is therefore unauthorized.

☐ Other Billing Error: [________________________________]

SECTION 4: DETAILED STATEMENT OF FACTS

[Provide a complete chronological description of events. Include all relevant dates, communications with the merchant, and any attempts to resolve the matter directly. Be specific and factual.]

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

SECTION 5: MERCHANT CONTACT ATTEMPTS

I attempted to resolve this matter directly with the merchant as follows:

☐ The merchant refused to resolve the issue
☐ The merchant did not respond to my communications
☐ The merchant agreed to a resolution but failed to follow through
☐ I was unable to contact the merchant (business closed, no response, etc.)
☐ Not applicable (fraud/unauthorized transaction)

SECTION 6: REQUEST FOR ACTION

Pursuant to my rights under the Fair Credit Billing Act, I request that you:

1. Investigate this billing error in accordance with 15 U.S.C. § 1666(a) and 12 C.F.R. § 1026.13(c)
2. Issue a provisional credit to my account for the disputed amount of $[________________________________] during the investigation
3. Acknowledge receipt of this notice in writing within 30 days as required by law
4. Complete your investigation and resolve this dispute within two billing cycles (not to exceed 90 days) as required by law
5. Refrain from reporting this amount as delinquent to any credit reporting agency during the pendency of this dispute, as required by 15 U.S.C. § 1666(c) and 12 C.F.R. § 1026.13(d)
6. If applicable, block future charges from this merchant on my account

SECTION 7: ENCLOSED DOCUMENTATION

I am enclosing the following supporting documentation:

☐ Copy of credit card statement showing disputed charge
☐ Order confirmation/receipt
☐ Correspondence with merchant (emails, letters, chat transcripts)
☐ Photographs of merchandise (if applicable)
☐ Tracking information showing non-delivery
☐ Cancellation confirmation (for recurring charges)
☐ Police report (for fraud cases)
☐ Return shipping documentation
☐ Other: [________________________________]

SECTION 8: ACKNOWLEDGMENT OF RIGHTS

I understand that:
- I have the right to withhold payment on the disputed amount during this investigation
- You may not report the disputed amount as delinquent during this investigation
- You must acknowledge this notice within 30 days
- You must resolve this dispute within two billing cycles or 90 days, whichever is sooner
- If you determine no billing error occurred, you must provide a written explanation

I am exercising my rights under federal law in good faith and have provided truthful information in this notice. I reserve all rights and remedies available to me under the Fair Credit Billing Act, Regulation Z, the Florida Deceptive and Unfair Trade Practices Act, and any other applicable federal or state law.

Please direct all correspondence regarding this dispute to the address listed above. I request written confirmation of all actions taken on this dispute.

Sincerely,

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

ENCLOSURES:
[List all enclosed documents]

CC: [Your records]

PART VI: MERCHANT DISPUTE RESPONSE TEMPLATE

[Use this template if a merchant or their acquiring bank contacts you to dispute your chargeback claim]

[Your Full Legal Name]
[Your Street Address]
[City, State ZIP Code]
[Your Email Address]
[Your Phone Number]

Date: [__/__/____]

VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED

[Merchant Name / Acquiring Bank]
[Address]
[City, State ZIP Code]

Re: Response to Chargeback Representment
Original Transaction Date: [__/__/____]
Dispute Reference Number: [________________________________]
Transaction Amount: $[________________________________]

Dear [Merchant/Acquiring Bank Representative]:

I am in receipt of your representment documentation dated [__/__/____] regarding the above-referenced dispute. After reviewing your submission, I maintain my position that this chargeback is valid for the following reasons:

RESPONSE TO MERCHANT'S CLAIMS

Merchant's Claim: [________________________________]

My Response: [________________________________]

Supporting Evidence: [________________________________]

ADDITIONAL FACTS NOT ADDRESSED BY MERCHANT

[________________________________]
[________________________________]
[________________________________]

REAFFIRMATION OF DISPUTE

The merchant's representment does not adequately address the basis for my dispute, which is:

☐ The transaction was unauthorized
☐ The goods/services were never received despite merchant's claims
☐ The goods received were materially different from what was described
☐ The merchant's documentation is inaccurate, incomplete, or falsified
☐ The merchant failed to comply with card network rules
☐ Other: [________________________________]

ENCLOSED ADDITIONAL DOCUMENTATION

☐ Additional photographs or evidence
☐ Expert opinion or assessment
☐ Witness statements
☐ Additional correspondence not previously submitted
☐ Other: [________________________________]

I request that my card issuer proceed with this dispute and, if necessary, advance it to pre-arbitration or arbitration. I am prepared to provide additional documentation or testimony as required.

Sincerely,

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

PART VII: SUPPORTING DOCUMENTATION CHECKLIST

A. Required for All Disputes

☐ Copy of your government-issued ID
☐ Credit card statement clearly showing the disputed transaction (highlight the charge)
☐ Your contact information (current address, phone, email)
☐ Dispute reference number from card issuer (once assigned)
☐ Timeline of events with specific dates

B. Fraud/Unauthorized Transaction

☐ Police report number and copy of report
☐ FTC Identity Theft Report (from IdentityTheft.gov)
☐ Affidavit of unauthorized use (if provided by card issuer)
☐ Documentation of when and how card was lost/stolen
☐ Evidence you were not present at transaction location (travel records, work records)
☐ Proof the card was in your possession if chip transaction (rare cases)

C. Goods/Services Not Received

☐ Order confirmation with order number
☐ Receipt or invoice
☐ Expected delivery date documentation
☐ Tracking number and delivery status from carrier
☐ Screenshot of carrier's "delivered" status (if claiming non-receipt despite delivery claim)
☐ Photos of empty package (if arrived empty)
☐ Communication with merchant requesting delivery status
☐ Merchant's response (or lack thereof)

D. Goods Not as Described/Defective

☐ Original product listing, description, or advertisement (screenshots)
☐ Photographs of item received showing defects or differences
☐ Comparison photos (advertised vs. received)
☐ Expert evaluation or inspection report (for high-value items)
☐ Return shipping tracking and confirmation
☐ RMA (Return Merchandise Authorization) number
☐ Merchant's return/refund policy (if they refused return)

E. Service Disputes

☐ Service agreement or contract
☐ Description of services to be provided
☐ Documentation of services actually rendered (or not rendered)
☐ Photos of work (before and after, if applicable)
☐ Expert assessment of work quality
☐ Communications regarding service issues

F. Duplicate/Incorrect Charges

☐ Both statements showing duplicate charges
☐ Documentation of correct agreed-upon price
☐ Quote, estimate, or price agreement
☐ Receipt showing different amount than charged

G. Canceled Recurring Charges

☐ Cancellation confirmation (email, screenshot, letter)
☐ Date of cancellation request
☐ Method used to cancel (include confirmation numbers)
☐ Terms and conditions showing cancellation policy
☐ Communications with merchant regarding cancellation
☐ Statement showing charges after cancellation date

H. Credit Not Processed

☐ Return tracking showing item was delivered to merchant
☐ Merchant's written agreement to issue refund/credit
☐ Date refund was promised
☐ Statements showing credit never posted
☐ Follow-up communications requesting the credit

PART VIII: ESCALATION PROCEDURES

If your dispute is denied or unresolved, you have several escalation options:

A. Consumer Financial Protection Bureau (CFPB) Complaint

When to File:
- Card issuer fails to investigate properly
- Card issuer does not respond within required timelines
- Card issuer violates FCBA or Regulation Z
- You believe you were treated unfairly

How to File:
- Online: www.consumerfinance.gov/complaint
- Phone: (855) 411-CFPB (2372)
- Mail: Consumer Financial Protection Bureau, P.O. Box 4503, Iowa City, Iowa 52244

What to Include:
☐ Your contact information
☐ Card issuer's name
☐ Account information (last 4 digits)
☐ Detailed description of the problem
☐ Timeline of events and communications
☐ What resolution you seek
☐ Supporting documentation

Process:
1. CFPB forwards complaint to the company
2. Company typically responds within 15-60 days
3. CFPB will share the response with you
4. You can provide feedback on the response

B. Florida Attorney General Consumer Complaint

When to File:
- Merchant engaged in deceptive or unfair trade practices
- FDUTPA violations
- Patterns of fraud or abuse

How to File:
- Online: www.myfloridalegal.com/consumer-protection/consumer-complaint-form
- Phone: 1-866-9-NO-SCAM (1-866-966-7226); Outside Florida: (850) 414-3990
- Mail: Office of the Attorney General, PL-01 The Capitol, Tallahassee, Florida 32399-1050

What to Include:
☐ Your contact information
☐ Business name and contact information
☐ Detailed description of the problem
☐ Amount of money involved
☐ Copies of relevant documents (keep originals)
☐ Whether you are a senior citizen or military member (enhanced penalties may apply)

Note: The Attorney General does not represent private citizens seeking personal remedies but may take enforcement action if sufficient complaints are received.

C. Florida Small Claims Court

When to Use:
- Dispute amount is $8,000 or less (excluding costs, interest, and attorney's fees)
- You want a binding legal judgment
- Other remedies have been exhausted

Jurisdictional Limit: $8,000 (Fla. Stat. § 34.01; Florida Small Claims Rules, Rule 7.010)

Where to File:
File in the county where:
- The defendant resides, OR
- The cause of action occurred, OR
- The property involved is located

Filing Process:
☐ Obtain Statement of Claim form from County Clerk
☐ Pay filing fee (varies by county; typically $55-$300 depending on amount claimed)
☐ Complete the form with defendant information
☐ File with the Clerk of Court
☐ Serve the defendant with process
☐ Attend pre-trial mediation (if required)
☐ Attend trial and present evidence

What to Bring to Trial:
☐ All documentation supporting your claim
☐ Copies for the judge and defendant
☐ Written summary of your case
☐ Witness(es) if applicable
☐ Calculation of damages

D. FDUTPA Civil Action

When to Consider:
- Dispute amount exceeds small claims limit
- You can prove deceptive or unfair trade practice
- You want to recover attorney's fees

Elements Required (Fla. Stat. § 501.211):
1. A deceptive act or unfair practice
2. Causation (the practice caused your loss)
3. Actual damages

Available Remedies:
- Actual damages (difference in market value)
- Attorney's fees and court costs (Fla. Stat. § 501.2105)
- Declaratory relief
- Injunctive relief

Note: FDUTPA does not allow recovery of punitive damages, consequential damages, or nominal damages. Consult with an attorney to evaluate whether your case is viable.

PART IX: CARD NETWORK ARBITRATION OVERVIEW

A. Understanding the Arbitration Process

If your dispute with your card issuer remains unresolved, the dispute may proceed through the card network's arbitration process. This is a dispute between your card issuer (on your behalf) and the merchant's acquiring bank—you do not participate directly in arbitration.

B. Visa Dispute Resolution

Workflow Tracks:

1. Allocation Track (Fraud and Authorization)
   - Used for fraud-related disputes (Reason Codes 10.x) and authorization issues (Reason Codes 11.x)
   - Liability assigned based on card network rules

2. Collaboration Track (Consumer Disputes and Processing Errors)
   - Used for consumer disputes (Reason Codes 13.x) and processing errors (Reason Codes 12.x)
   - Involves back-and-forth between issuer and acquirer

Pre-Arbitration Process:
- Occurs when initial dispute decision is challenged
- Either party can present new evidence
- Timeframe: Issuer accepts or declines within 30 days

Arbitration:
- Filed when pre-arbitration does not resolve dispute
- Must be filed within 10 days of pre-arbitration response
- Visa reviews all evidence and issues final ruling
- Typical resolution time: 1-3 months
- Filing Fee: $500 assessed to losing party
- Visa's decision is final and cannot be appealed within the network

C. Mastercard Dispute Resolution

Dispute Categories:
1. Authorization-related disputes
2. Cardholder disputes
3. Fraud disputes
4. Point-of-interaction errors

Arbitration Process:
- Similar structure to Visa
- Final and binding ruling by Mastercard
- Filing fees apply to losing party

D. What This Means for Cardholders

Your Role:
- You work with your card issuer—they represent your interests in the network process
- Provide all relevant evidence promptly when requested
- Respond to requests for additional information quickly
- The stronger your documentation, the better your issuer can advocate for you

If Arbitration Rules Against You:
- The disputed charge will be restored to your account
- You may still pursue remedies through:
- CFPB complaint
- State Attorney General complaint
- Small claims court or civil litigation
- The card network process does not preclude legal action

PART X: FLORIDA-SPECIFIC FDUTPA REMEDIES

A. Overview of FDUTPA Consumer Rights

The Florida Deceptive and Unfair Trade Practices Act (Fla. Stat. § 501.201-501.213) provides Florida consumers with significant protections and the right to bring private legal action against businesses that engage in deceptive or unfair practices.

B. What Constitutes a Violation

Deceptive Practice:
A practice that is "likely to mislead" consumers acting reasonably under the circumstances.

Unfair Practice:
A practice that:
- Offends established public policy, OR
- Is immoral, unethical, oppressive, unscrupulous, or substantially injurious to consumers

AND the injury:
1. Must be substantial
2. Must not be outweighed by countervailing benefits
3. Must be one that consumers could not reasonably have avoided

C. Elements You Must Prove

To recover damages under FDUTPA, you must prove:

1. Deceptive or Unfair Act: The merchant engaged in a deceptive act or unfair practice
2. Causation: The deceptive or unfair practice caused your loss
3. Actual Damages: You suffered actual, quantifiable damages

D. Recoverable Damages

Actual Damages (Fla. Stat. § 501.211(2)):
- The difference between the market value of what you received and the market value of what was represented
- Out-of-pocket losses directly caused by the deceptive practice

NOT Recoverable Under FDUTPA:
- Punitive damages
- Consequential damages
- Nominal damages
- Speculative losses
- Compensation for subjective disappointment

Attorney's Fees (Fla. Stat. § 501.2105):
- The prevailing party may recover reasonable attorney's fees
- Fees awarded after judgment and exhaustion of appeals
- Note: If you lose, you may be liable for the defendant's fees

E. Demand Letter Requirement for Certain Defendants

When suing a "dealer" (as defined in the statute), you must send a demand letter at least 30 days before filing suit. The dealer can avoid suit by paying:
- The amount sought in the demand letter, PLUS
- A surcharge of the lesser of $500 or 10% of damages

F. Statute of Limitations

FDUTPA claims must be filed within 4 years of the violation (Fla. Stat. § 95.11(3)(f)).

PART XI: EVIDENCE PRESERVATION GUIDANCE

A. Digital Evidence

Emails and Electronic Communications:
☐ Save original emails (do not just screenshot—export the actual email)
☐ Include full headers when possible
☐ Save in multiple formats (.eml, .pdf, print)
☐ Note dates, times, and sender/recipient information

Website and Online Listings:
☐ Take screenshots immediately—websites change frequently
☐ Use browser print-to-PDF for full-page captures
☐ Include the URL in your screenshot
☐ Use web archiving tools (archive.org Wayback Machine)
☐ Note the date and time of capture

Chat Transcripts:
☐ Request chat transcripts from the company
☐ Screenshot the entire conversation
☐ Export to PDF if the platform allows
☐ Note the platform, date, and time

Social Media:
☐ Screenshot relevant posts and messages
☐ Include timestamps and usernames
☐ Note the platform and date captured

B. Physical Evidence

Merchandise:
☐ Photograph from multiple angles
☐ Include close-ups of defects or differences
☐ Photograph packaging and labels
☐ Keep all original packaging
☐ Do not alter or repair items before documenting
☐ Store securely to prevent further damage

Documents:
☐ Keep original documents—never send originals
☐ Make multiple copies
☐ Scan to digital backup
☐ Store in a safe, dry location

C. Communication Records

Phone Calls:
☐ Note date, time, and duration
☐ Record name of representative (if provided)
☐ Write summary immediately after call
☐ If recording, ensure compliance with Florida's two-party consent law (Fla. Stat. § 934.03)—all parties must consent to recording

Postal Mail:
☐ Use certified mail with return receipt requested
☐ Keep copies of everything you send
☐ Photograph items before mailing
☐ Retain tracking numbers and delivery confirmations

D. Financial Records

☐ Download or print all relevant statements
☐ Keep records for at least 7 years
☐ Document any credits, refunds, or adjustments
☐ Note dispute reference numbers

E. Organization Tips

☐ Create a dedicated folder (physical and digital) for the dispute
☐ Organize documents chronologically
☐ Create an index or log of all evidence
☐ Back up digital files in multiple locations
☐ Consider using a cloud storage service for redundancy

PART XII: DISPUTE TRACKING LOG

Use this log to track all actions taken in your dispute:

KEY DEADLINES TRACKER

END OF CHARGEBACK DISPUTE KIT

This document contains legal information, not legal advice. Consult a qualified Florida attorney for advice specific to your situation.