- Report: #174180
Complaint Review: Tiffany And Company - New York New York
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Tiffany And Company
600 Madison Ave New York, 10022 New York, U.S.A.
Phone:
800-843-3269
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Tiffany And Company - Washington Mutual credit card fraud on Visa check card, temporary funds placed and reversed, WaMu and Tiffany no help. ripoff New York New York *EDitor's Suggestions on how to get your money back into your bank account!
In June of 2005, someone somehow obtained the numbers for my Visa check card. Their first charge was for $200 at a New York restaurant. Four days later, they charged $475 through Tiffany & Co. mail order. They used my billing address, and then they sent an email from "[email protected]" to Tiffany and Company to have the package sent instead to an address in Pennsylvania. (These details were obtained later from Tiffany and Company over the phone.)
I was contacted by Visa fraud prevention after this charge went through. (Good thing I had no more in that bank account anyway.) When I went in to my Washington Mutual branch, they provided me with the forms necessary to dispute the charge. They also initiated the chargeback process, and within about 5 days I received a temporary credit for the $675.
I mailed in the form about three days later. Unfortunately I did not get proof of mailing.
After 90 days had passed from the time of the fraudulent charge, I receive a letter from Washington Mutual that the case has been closed and that the temporary funds would be taken back out of my account because I did not submit the paperwork for the chargeback. I had also received a previous letter from Washington Mutual about 30 days before this time, warning of this event, which I should have acted on but which I did not because I wasn't living at my mailing address at the time. (So this would probably have been solved a long time ago if I had been more proactive about monitoring my mail--or, for that matter, if WaMu had been about theirs.)
At 92 days after the fraudulent charges were made, I went in to the Washington Mutual bank branch again and discussed the situation. The bank tellers recognized me and remembered me going in to dispute the charge at the branch. They phoned in some kind of Washington Mutual headquarters. The answer came down on high: no chargebacks may be processed after 90 days, whatsoever.
(I'd like to know if this is a Visa rule or a Washington Mutual rule or what?)
Anyway, so a couple days later the funds come out of my bank account; the restaurant and the jewelry store have their money, the bank has theirs, the thief has his/her jewelry, and everyone is happy but me. Washington Mutual tells me that my only recourse is to contact Tiffany and Company to negotiate a payment for the loss I incurred from them.
I call Tiffany and Company's customer support line and am informed that it was indeed shipped to an address in Pennsylvania and that it is company policy not to require a signature (or apparently even ship to the billing address) on orders under $1000. When I say, "I guess Tiffany and Company doesn't care about ripping people off," I am told that this is wrong but nothing tangible comes of it.
I tried to let it go but could not really do it. In January of 2006, I sent a next day letter to Tiffany and Company at:
600 Madison Ave.
New York, NY 10022
Advising them of the situation, making a respectful demand for reimbursement, and advising them that I would be seeking legal remedy if they do not get in touch and reimburse me the funds.
The next week, I am contacted by someone in their collections department. After he does some research and verifies again that the order was shipped to Pennsylvania because of an email from [email protected] (and of course this fraudster is the one who placed the order), the representative stated that he would treat this as a chargeback if he could and talk to his manager about making a refund.
The week after that, I receive a message that there is nothing Tiffany can do without receiving a chargeback from the bank and that, however, the representative would be willing to serve as a contact for Tiffany and Company in future correspondence.
In February of 2006, I will be filing a small claim against Tiffany and Company in the superior court of California and would appreciate any information I can obtain to help me recover the losses that I have sustained because of credit card fraud in conjunction with lax safeguards against such from Tiffany and Company.
UPDATE: Someone got the Visa check card number for my other WaMu bank account (I have two still, but that soon changes) in January of 2006 and successfully charged $90 through "Adult Entertainment Broadcasting Network" and attempted a larger software purchase before I was contacted by Visa fraud prevention. That same night, while traveling on the road, I called Washington Mutual and cancelled both of my Visa debit cards and asked for regular ATM cards. I advise all readers to do the same, and to keep one genuine credit card for purchases that must be made by such means.
Peter
Fresno, California
U.S.A.
EDitor's Suggestions on how to get your money back!
HERE IS WHAT RIP-OFF REPORT SUGGESTS YOU DO:
Go to your bank within 60 days of the charge, or as soon as you know about the charge, don't delay, and tell them that there has been fraudulent activity within your account. Explain that you wish to file a dispute, and demand that they assist you in accordance with Federal Regulation E.
According to the majority of victims interviewed by Rip-off Report, those who immediately called their banks to dispute the charges did not get very far. Many victims got the following responses from their banks: we could not do anything for you or you waited too long; it has been more than 60 days.
If the bank is says that you have waited too long, explain to them how you called their 800 number as soon as the charges were found, and were told by the bank that nothing could be done. Remind the bank that they failed to assist you properly at the 800 #, and instead, provided you with an inadequate explanation of your right to dispute. Tell the bank that it's their fault time has expired, and since they gave you the wrong info to begin with, they will just have to deal with it, take the loss and reverse the charges.
Tell them the truth; this was unauthorized and your account was NOT to be charged! Keep emphasizing how you never authorized anything! Direct them to the hundreds of victims reports that were filed on Rip-off Report.com. And if you're at the bank, walk them over to their computer and make them go to this site! If you are on the phone with them, tell them you will wait while they access this site! Either way, be persistent!
DO NOT TAKE NO FOR AN ANSWER!
Let them know nicely, that you were advised to Report them (the Bank) and this situation to the Banking Commission in your state. Since each state has a different name for the agency/controller over banks, find that name before you call or get to the bank so you can throw it in their face. The more knowledgeable you appear to be, the further you will get.
And just continue to demand the Federal Regulation E form! The bank CAN, MUST and WILL reverse the charge! But, you must be persistent; ask to speak to the supervisor or the area manager for all the branches in the state.
Let the bank personnel know you are meeting with the media later in the day, that you would much rather they do the right thing (as most other banks have) by looking at the complaints and immediately reversing the charge(s) to your account; no matter how long ago it was. Be sure to call the Media if necessary so you are telling the truth.
If you have to, be loud (but nice) in front of other customers. If you are just calling by phone, the above tactics should still work. The bank can easily fax or mail to you the Federal Regulation E dispute form.
CHARGES TO YOUR CREDIT CARD
If the charge was to your credit card (not debit card, check card, or checking account), contact the credit card company as soon as possible to request a dispute form. Consumers usually have a little longer to dispute fraudulent credit card charges (up to 6 months), but it is better to act right away. In this type of situation, credit card disputes are usually successful since fraudulent companies often won't contest the disputed charge. In rare cases, credit card companies will review disputes, but refuse to reverse the charges. If this occurs, complain to a manager and let them know you will be filing a report here.
Remember Don't let them get away with it! Make sure they make the Rip-off Report .. The more Reports filed on a Company or individual, the more likely it is that the authorities, media and attorneys will want to take action.
And good luck Let us know how you do!
ED Magedson Founder, Rip-off Report.com & Author of www.ripoffrevenge.com
[email protected]
badbusinessbureau.com
www.ripoffreport.com
Don't let them get away with it.
Make sure they make the Rip-off Report!
We are not lawyers.
We are not a collection agency.
We are Consumer Advocates.
...the victims' advocate
WE are Civil and Human Rights Activists
We are a Worldwide Consumer Reporting News Agency
...by consumers, for consumers
CLICK HERE to read about Credit Card Scams... find out how to get your money back. *Rip-off Report Investigation provides valuable information.
Click here to read other Rip Off Reports on Washington Mutual
I was contacted by Visa fraud prevention after this charge went through. (Good thing I had no more in that bank account anyway.) When I went in to my Washington Mutual branch, they provided me with the forms necessary to dispute the charge. They also initiated the chargeback process, and within about 5 days I received a temporary credit for the $675.
I mailed in the form about three days later. Unfortunately I did not get proof of mailing.
After 90 days had passed from the time of the fraudulent charge, I receive a letter from Washington Mutual that the case has been closed and that the temporary funds would be taken back out of my account because I did not submit the paperwork for the chargeback. I had also received a previous letter from Washington Mutual about 30 days before this time, warning of this event, which I should have acted on but which I did not because I wasn't living at my mailing address at the time. (So this would probably have been solved a long time ago if I had been more proactive about monitoring my mail--or, for that matter, if WaMu had been about theirs.)
At 92 days after the fraudulent charges were made, I went in to the Washington Mutual bank branch again and discussed the situation. The bank tellers recognized me and remembered me going in to dispute the charge at the branch. They phoned in some kind of Washington Mutual headquarters. The answer came down on high: no chargebacks may be processed after 90 days, whatsoever.
(I'd like to know if this is a Visa rule or a Washington Mutual rule or what?)
Anyway, so a couple days later the funds come out of my bank account; the restaurant and the jewelry store have their money, the bank has theirs, the thief has his/her jewelry, and everyone is happy but me. Washington Mutual tells me that my only recourse is to contact Tiffany and Company to negotiate a payment for the loss I incurred from them.
I call Tiffany and Company's customer support line and am informed that it was indeed shipped to an address in Pennsylvania and that it is company policy not to require a signature (or apparently even ship to the billing address) on orders under $1000. When I say, "I guess Tiffany and Company doesn't care about ripping people off," I am told that this is wrong but nothing tangible comes of it.
I tried to let it go but could not really do it. In January of 2006, I sent a next day letter to Tiffany and Company at:
600 Madison Ave.
New York, NY 10022
Advising them of the situation, making a respectful demand for reimbursement, and advising them that I would be seeking legal remedy if they do not get in touch and reimburse me the funds.
The next week, I am contacted by someone in their collections department. After he does some research and verifies again that the order was shipped to Pennsylvania because of an email from [email protected] (and of course this fraudster is the one who placed the order), the representative stated that he would treat this as a chargeback if he could and talk to his manager about making a refund.
The week after that, I receive a message that there is nothing Tiffany can do without receiving a chargeback from the bank and that, however, the representative would be willing to serve as a contact for Tiffany and Company in future correspondence.
In February of 2006, I will be filing a small claim against Tiffany and Company in the superior court of California and would appreciate any information I can obtain to help me recover the losses that I have sustained because of credit card fraud in conjunction with lax safeguards against such from Tiffany and Company.
UPDATE: Someone got the Visa check card number for my other WaMu bank account (I have two still, but that soon changes) in January of 2006 and successfully charged $90 through "Adult Entertainment Broadcasting Network" and attempted a larger software purchase before I was contacted by Visa fraud prevention. That same night, while traveling on the road, I called Washington Mutual and cancelled both of my Visa debit cards and asked for regular ATM cards. I advise all readers to do the same, and to keep one genuine credit card for purchases that must be made by such means.
Peter
Fresno, California
U.S.A.
EDitor's Suggestions on how to get your money back!
HERE IS WHAT RIP-OFF REPORT SUGGESTS YOU DO:
Go to your bank within 60 days of the charge, or as soon as you know about the charge, don't delay, and tell them that there has been fraudulent activity within your account. Explain that you wish to file a dispute, and demand that they assist you in accordance with Federal Regulation E.
According to the majority of victims interviewed by Rip-off Report, those who immediately called their banks to dispute the charges did not get very far. Many victims got the following responses from their banks: we could not do anything for you or you waited too long; it has been more than 60 days.
If the bank is says that you have waited too long, explain to them how you called their 800 number as soon as the charges were found, and were told by the bank that nothing could be done. Remind the bank that they failed to assist you properly at the 800 #, and instead, provided you with an inadequate explanation of your right to dispute. Tell the bank that it's their fault time has expired, and since they gave you the wrong info to begin with, they will just have to deal with it, take the loss and reverse the charges.
Tell them the truth; this was unauthorized and your account was NOT to be charged! Keep emphasizing how you never authorized anything! Direct them to the hundreds of victims reports that were filed on Rip-off Report.com. And if you're at the bank, walk them over to their computer and make them go to this site! If you are on the phone with them, tell them you will wait while they access this site! Either way, be persistent!
DO NOT TAKE NO FOR AN ANSWER!
Let them know nicely, that you were advised to Report them (the Bank) and this situation to the Banking Commission in your state. Since each state has a different name for the agency/controller over banks, find that name before you call or get to the bank so you can throw it in their face. The more knowledgeable you appear to be, the further you will get.
And just continue to demand the Federal Regulation E form! The bank CAN, MUST and WILL reverse the charge! But, you must be persistent; ask to speak to the supervisor or the area manager for all the branches in the state.
Let the bank personnel know you are meeting with the media later in the day, that you would much rather they do the right thing (as most other banks have) by looking at the complaints and immediately reversing the charge(s) to your account; no matter how long ago it was. Be sure to call the Media if necessary so you are telling the truth.
If you have to, be loud (but nice) in front of other customers. If you are just calling by phone, the above tactics should still work. The bank can easily fax or mail to you the Federal Regulation E dispute form.
CHARGES TO YOUR CREDIT CARD
If the charge was to your credit card (not debit card, check card, or checking account), contact the credit card company as soon as possible to request a dispute form. Consumers usually have a little longer to dispute fraudulent credit card charges (up to 6 months), but it is better to act right away. In this type of situation, credit card disputes are usually successful since fraudulent companies often won't contest the disputed charge. In rare cases, credit card companies will review disputes, but refuse to reverse the charges. If this occurs, complain to a manager and let them know you will be filing a report here.
Remember Don't let them get away with it! Make sure they make the Rip-off Report .. The more Reports filed on a Company or individual, the more likely it is that the authorities, media and attorneys will want to take action.
And good luck Let us know how you do!
ED Magedson Founder, Rip-off Report.com & Author of www.ripoffrevenge.com
[email protected]
badbusinessbureau.com
www.ripoffreport.com
Don't let them get away with it.
Make sure they make the Rip-off Report!
We are not lawyers.
We are not a collection agency.
We are Consumer Advocates.
...the victims' advocate
WE are Civil and Human Rights Activists
We are a Worldwide Consumer Reporting News Agency
...by consumers, for consumers
CLICK HERE to read about Credit Card Scams... find out how to get your money back. *Rip-off Report Investigation provides valuable information.
Click here to read other Rip Off Reports on Washington Mutual
