Is this illegal/ a crime
Dear FYNDET3, I have had this occur on more occasions than I care to mention. I was the victim of Identity Theft in 1990 and it still haunts me from time to time. Proving that this was an intentional act (fraud) is very difficult which is why it continues to occur. Casino will tell you that it was a mistake made by the bank and bank will blame casino. Big waste of time. Visa and Mastercard have very specific rules that MUST be agreed to and followed by any merchant accepting Visa and/or MC. What you ned to do is file a merchant error dispute with your credit card co./bank. You can do this by phone for quicker results. As soon as you notify CC Co. they MUST CREDIT YOUR ACCT. THE UNAUTHORIZED CHARGES AS WELL AS ANY OVERDRAFT AND/OR NSF FEES ASSOCIATED WITH TRANSACTION WITHIN 10 BUSINESS DAYS. This includes any charges RESULTING from unauth. transaction. If a transaction you auth. WOULD HAVE CLEARED HAD CASINO NOT DOUBLE CHARGED YOU, THE CC CO. MUST REVERSE THOSE FEES AS WELL. This is true whether you live in the USA, Europe, or on the moon.
BTW, most CC Co's and Banks state in T & C's that WRITTEN NOTICE is the only acceptable form of communication to report an error. However, this is NOT TRUE. "Notice is considered given whether in person, by telephone or in writing". You are not even required to contact a specific dept. of the financial institute. As long as you notify a bank/CC Co. employee, that is considered taking "steps reasonably necessary to provide the financial institution with the pertinent information, whether or not a particular employee or agent of the institution actually receives the information". Additionally, the financial institution must " inform the consumer, within 2 business days after the provisional crediting, of the amount and date of the provisional crediting and gives the consumer full use of the funds during the investigation" and "corrects the error, if any, within one business day after determining that an error occurred". Any and all merchants who accept Visa and/or MC as a payment option are legally required to comply with The Consumer Protection Act. This includes Visa Debit and Pre-Paid and MC Debit and Pre-Paid cards as well. Falls under Electronic Funds Transfers FDIC-Consumer Protection for the USA. Go online to
www.visa.com and you should be able to find whatever they call it where you are. Once you arm yourself with your legal rights and confidently and loudly advised all involved of same, you should see much quicker results. Violating your rights can cost them 3 times what they owe you PLUS some heavy legal fines! I have had casinos request authorizations for 6 transactions at the same time when I only authorized 1. They do this so that the can access funds whenever consumer initiates a chargeback to recoup monies spent. Most people are not very diligent checking for unauth. charges month after month but you either become a watchdog, close the acct. they have the info on or keep getting robbed. This has happened to me with Neteller, Firepay PaySpark as well. I eventually won disputes but what a pain in the a-- I only use a Pre-paid card now and fund it as I like. It's not a convenient but I've saved myself tons of grief, not to mention a considerable amount of money. Lastly, are the confirmation/authorization numbers for both transactions the same? If so, the financial institute must immediately reverse the second charge. It is absolutely illegal to use the same confirmation/authorization number for more than 1 transaction.
Sorry for being so long-winded but I completely understand how frustrated you must be and finding out what yor legal rights actually are takes some doing. Don't expect bank or CC Co to know what the Law provides consumers, they absolutely do not nor are they interested in educating themselves. They only see these problems as more work for them and hope we'll just quietly disappear. Hope this helps! Feel free to contact me if you'd like more info or if I've said anything that doesn't apply where you live. Any consumer protection that exceeds those Visa/MC provides applies but anything less is superseded by Visa/MC T & C's. Have a great day!