Chargeback Escalation Letter After FCBA Denial (Free Template)

[Your Full Name]
[Address as on account]
[City, State ZIP]
[Phone] [Email]

[Date]

[Card Issuer Name]
[Billing Inquiries Address — printed on your statement, NOT the payment address]
[City, State ZIP]

Sent via certified mail, return receipt requested

Re: Post-Denial Demand for Documentary Evidence and Continued Dispute — Account [Last 4]

To the Billing Inquiries Department:

I am writing in response to your denial dated [Date] (your case / reference # [Number]) of my Fair Credit Billing Act dispute concerning the $[Amount] charge from [Merchant] on [Date].

I do not accept the denial. The amount remains in dispute, and I am invoking my rights under 12 CFR § 1026.13(f) and (g) and 15 U.S.C. § 1666.

The denial cited: [Quote the issuer's stated basis for the denial].

Issues with that conclusion:
  [Point-by-point response, with attachments.]
  • [Issuer cited a tracking number as proof of delivery, but the tracking shows delivery to a wrong address / empty box / unsigned acceptance.]
  • [Issuer accepted the merchant's bare assertion without underlying documentation.]
  • [Issuer cited a return-policy violation, but the dispute is about non-conforming goods, not return.]

Demand under 12 CFR § 1026.13(f) and 15 U.S.C. § 1666(a)(B)(ii):

Please provide, within [15] business days, copies of the documentary evidence on which the issuer relied. This includes:
  • Shipping records and delivery confirmation;
  • Signed receipts (if any);
  • All correspondence with the merchant;
  • Internal records reflecting the issuer's investigation under § 1026.13(d).

For dispute under 12 CFR § 1026.13(a)(3) (services not accepted or delivered as agreed): § 1026.13(f) provides that the creditor may not deny the assertion unless it conducts a "reasonable investigation" and determines that the property or services were actually delivered, mailed, or sent as agreed. Conclusory merchant assertions do not satisfy that standard.

Continued-dispute notice under § 1026.13(g):

The amount remains in dispute. Before reporting any delinquency on this amount to any consumer reporting agency, the issuer must also report the amount as "in dispute" and mail me the names and addresses of every credit bureau to which the report is made (§ 1026.13(g)(4)).

Reservation of rights:

If the issuer fails to comply, I will pursue:
  • Complaint to the CFPB at consumerfinance.gov/complaint;
  • Complaint to the [State] Attorney General consumer-protection division;
  • Complaint to the OCC at helpwithmybank.gov (if the issuer is a national bank) or NCUA (if a federal credit union);
  • Civil action under 15 U.S.C. § 1640 for actual damages, statutory damages of twice the finance charge with a $500 minimum and $5,000 maximum, costs, and reasonable attorney's fees. The 1-year statute of limitations under § 1640(e) is preserved.

Please send all written correspondence regarding this dispute to the address above.

Sincerely,

[Your Signature]
[Your Printed Name]

Enclosures: [copy of original FCBA dispute; copy of issuer's denial letter; documentary evidence supporting the dispute (photos, receipts, communications, etc.)]