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Merchant credit after final credit from card issuer

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Question: 
We have seen an uptick in merchant credits for disputed transactions, and these credits areduplicated in the cardholder's account, (the bank's final credit and a merchant credit). My question is, are banks able to reverse merchant credits after the final credit has been supplied to the cardholder?
Answer: 

The error resolution rules in section 1005.11 of Regulation E do not include a provision that would allow the card issuing bank to recover its final credit under an "unjust enrichment" argument. When the bank makes a provisional credit final in such cases, the claim is closed and the bank has no right to "scoop" funds from the account if the merchant later provides a credit for the whole transaction or part of it.

That doesn't mean that you cannot contact the consumer to say that you see that the merchant also reversed the transaction. You just cannot initiate a charge to the account to recover those funds for the bank or suggest that the consumer owes the bank a refund.

If the consumer independently decides he or she wants to give the funds back to the bank, that's a different outcome.

First published on 03/02/2025

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