Misrepresentation 13.5

Conditions

An issuer may initiate a dispute under Dispute Condition 13.5: Misrepresentation for the following reason:

  • The cardholder claims that the terms of sale were misrepresented by the merchant.

Time Limit

A Dispute must be processed within both:

  • 120 calendar days of either:
    • The Transaction Processing Date
    • The date the Cardholder received the merchandise or services
  • 60 calendar days of the date the Issuer received the first Cardholder notification of the dispute, if:
    • There is evidence in the notification of previous ongoing negotiations between the Cardholder and the Merchant to resolve the dispute.
    • The negotiations occurred within 120 days of the Transaction Processing Date.
    • The Dispute Processing Date is no later than 540 calendar days from the Transaction Processing Date.

Dependencies

All of the following:

  • Certification of all of the following, as applicable:
    • The date the merchandise was returned or the service was cancelled
    • The name of the shipping company
    • The invoice/tracking number (if available)
    • The date the Merchant received the merchandise
    • Certification that the Merchant refused the return of merchandise, refused to provide a return merchandise authorization, or informed the Cardholder not to return the merchandise
    • That the Cardholder attempted to resolve the dispute with the Merchant
    • An explanation of what was not as described or defective
    • The date the Cardholder received the merchandise or services
  • Evidence from the Cardholder describing how the Merchant’s verbal and/or written representations do not match the terms of sale to which the Cardholder agreed
  • Copy of the Cardholder’s investment account showing the date, withdrawal amount, and available balance at the time the withdrawal request was made
  • For disputes involving ongoing negotiations, all of the following:
    • The date the Cardholder began negotiations with the Merchant
    • The date the Issuer was first notified of the dispute
    • Evidence of ongoing negotiations between the Cardholder and the Merchant to resolve the dispute

21.2 Mandate

As of 21.2, previous negotiation information is only required when the received date is greater than 120 days from today's date AND the transaction date is greater than 120 days from today's date.

Related Questionnaires

Visa Questionnaire - Merchandise or Service Terms of Sale