DisputeKit / New York
What to do when a company in New York won't give you a refund
Send a written demand for a refund with a clear deadline, then dispute the charge with your card issuer if you paid by credit card. Under the Fair Credit Billing Act, a billing-error dispute must reach the card issuer in writing within 60 days after the first statement showing the charge.
The law that applies
Under the FTC Mail, Internet, or Telephone Order Merchandise Rule, a seller that cannot ship within the promised time (or within 30 days if no time was stated) must offer the buyer the option to cancel and receive a prompt refund.
New York General Business Law § 349 prohibits deceptive acts and practices in the conduct of any business.
How to escalate
If the seller doesn't respond, you can dispute the charge with your card issuer, file a complaint with the New York Attorney General, Consumer Frauds Bureau, or file in small claims court (limit $10,000 in New York City (lower in city, town and village courts elsewhere)).
Steps
- Gather your receipt and order details
- Send a written refund demand with a deadline
- Dispute the charge with your card issuer if needed
- File a consumer complaint or small claims case
Common questions
How long do I have to dispute a credit card charge?
Under the Fair Credit Billing Act, a billing-error dispute must reach the card issuer in writing within 60 days after the first statement showing the charge.
Should I send a letter before disputing the charge?
A written demand helps, because card issuers and courts look for proof you tried to resolve it. Don't let the letter delay a card dispute if your window is closing.
Can I cite the FTC click-to-cancel rule?
No. The FTC's 2024 click-to-cancel rule was vacated in court. DisputeKit only cites laws currently in force.