Legal Question in Consumer Law in Utah

Visa denied a dispute despite evidence of fraud

Over the summer my parents (who reside in UT) signed up for a timeshare package in Mexico, realized quickly something was amiss, and tried to cancel (verbally - I know this wasn't sufficient). When I found out about this, I helped them dispute the down payment through Visa well within the 60/90 day (credit card) timeframe. We were very complete providing ample evidence that this company (Royal Holiday) is, well, a scam. [In parallel we wrote to the Mexican consumer protection agency, etc.] Visa just denied the dispute - as I read it - because they couldn't collect from the company. Is this the narrow basis for a Visa/credit card dispute? Is there an appeals process? Would it help to involve a lawyer? (This still is just one piece of the ''mess'' but this info would help us right now). Thanks!

Asked on 10/20/06, 7:38 pm

2 Answers from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Visa denied a dispute despite evidence of fraud

You will need to talk to a lawyer who can review all of your agreements and documents. This BB cannot provide such specific information.

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Answered on 10/21/06, 9:41 am

Jonathon Moseley Moseley Legal Associates LLP

Re: Visa denied a dispute despite evidence of fraud

Although this clearly does not involve Virginia law, I will say that you first need to figure out which State's law DOES apply. If your parents "reached out" to the resort inside Mexico, this might be governed by Mexican law. If the contract was signed inside Utah, then maybe Utah maybe Mexico. Also read the contract very carefully. I don't know the answer, but you have to pin that down.

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Answered on 10/22/06, 10:17 pm

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