CC chargeback, atypical situation

Kyivan Rus

New Member
Jurisdiction
Ohio
Hello,

I'm in Ohio. In November of 22 I purchased a brand new TV from a vendor that presented it as "brand new", "US model", "full warranty.

All was nice and dandy, until in April of this year it developed an issue. Upon contacting manufacturer (Samsung) I learned that my TV has a warranty - but only in Canada, as it is a Canadian model (based on serial #) that was only meant to be sold in Canadian market.

I'm attempting to do a chargeback with Chase, who's credit card I used for purchase. Although way past 60 days allocated for chargebacks, they gave me a case # and asked to upload "supporting documents" and describe my case. This leads me to believe that there is a chance(?) for a recourse here.

QUESTION:
under what premise should I ask for a chargeback? What is the proper definition for my case? "fraud", "sale of FTC unapproved electronic device" or what, that will give me the highest chance for a positive resolution. I know I only have one shot at this and using a wrong keyword may cost me. I know if I make it about the warranty they'll deny it... Does it make sense what I'm asking for?

Thanks!!
 
What kind of vendor?

Describe the circumstances of the purchase?

Anything in writing from the vendor as to those phrases you put in quotes?

Hi. Thanks for responding!

The vendor is {REDACTED TO ELIMINATE SPAMMING}.

Phrases in quotes from my first message are explicitly stated on their website and in google search results.

Here are the screen shots:
 

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Hi. Thanks for responding!

The vendor is {REDACTED TO ELIMINATE SPAMMING}.

Phrases in quotes from my first message are explicitly stated on their website and in google search results.

Here are the screen shots:
Was YOUR tv somehow guaranteed to be a US model?
EDIT: To be clear, what you posted in no way guarantees that you are receiving a US model.
 
under what premise should I ask for a chargeback?

Doesn't matter. It's going to be denied because it's too late.

Your recourse will be to sue - in Florida where the seller is based. Was the purchase price sufficient to warrant the costs associated with suing in a state that will likely require you to travel over 1,000 miles, the cost of which won't be recoverable?
 
Was YOUR tv somehow guaranteed to be a US model?
EDIT: To be clear, what you posted in no way guarantees that you are receiving a US model.

Only based on their website description. The electronic receipt for purchase states model: QN85QN800BFXZA, where "A" stands for America or USA market. The sticker from the back of my TV has "C" for Canada in place of A
 
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Doesn't matter. It's going to be denied because it's too late.

Your recourse will be to sue - in Florida where the seller is based. Was the purchase price sufficient to warrant the costs associated with suing in a state that will likely require you to travel over 1,000 miles, the cost of which won't be recoverable?

Hi. You know this for sure? I know that 60 days is the limit for chargebacks, but I assume (educated guess) that there are always some exceptions(?), hence my asking under what premise I should file the paperwork for charge back, bypassing the 60 days filing limit (if that's even theoretically possible). Thanks
 
Hi. You know this for sure? I know that 60 days is the limit for chargebacks, but I assume (educated guess) that there are always some exceptions(?), hence my asking under what premise I should file the paperwork for charge back, bypassing the 60 days filing limit (if that's even theoretically possible). Thanks
You may have other options provided by your credit card, but a chargeback is unlikely.
 
Only based on their website description. The electronic receipt for purchase states model: QN85QN800BFXZA, where "A" stands for America or USA market. The sticker from the back of my TV has "C" for Canada in place of A

That should be enough to claim "misrepresentation." I would caution you to avoid the word "fraud" because fraud requires intent. "Misrepresentation" can be unintentional and still give you grounds for recovery.

Hi. You know this for sure? I know that 60 days is the limit for chargebacks, but I assume (educated guess) that there are always some exceptions(?), hence my asking under what premise I should file the paperwork for charge back, bypassing the 60 days filing limit (if that's even theoretically possible). Thanks

Exceptions are up to the CC company have have nothing to do with "how" you file it or what you call it.

By the way, if you happen to be successful in getting a chargeback, and don't get sued for it, you'll have to incur the cost of shipping the TV back to the seller. You don't get to keep it and you don't get your shipping cost back.

Before you go overboard, I suggest that you take the TV to a local repair shop and find out what it costs to fix.
 
Hi. You know this for sure? I know that 60 days is the limit for chargebacks, but I assume (educated guess) that there are always some exceptions(?), hence my asking under what premise I should file the paperwork for charge back, bypassing the 60 days filing limit (if that's even theoretically possible).

Read the language in your credit card agreement/terms & conditions regarding chargebacks. If there are exceptions, that's where you'll find them. I supposed your argument would be that you had no way of discovering the issue until the 60 day period had passed. The agreement/TOC will tell you if that matters.
 
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