38. Under which of the following circumstances may a credit card company not bill a consumer for a damaged item that is unknowingly purchased with the card?

A. The consumer purchased the item in the same state as the consumer's home or within 100 miles of the consumer's home.

B. The consumer purchased the item in the same state as the consumer's home or within 100 miles of the consumer's home, and the item cost more than $50.

C. The consumer purchased the item in the same state as the consumer's home or within 100 miles of the consumer's home; the item cost more than $50; and the consumer made a good-faith effort to resolve the dispute, such as asking the store for a refund.

D. The consumer purchased the item in the same state as the consumer's home or within 100 miles of the consumer's home; the item cost more than $50; the consumer made a good-faith effort to resolve the dispute, such as asking the store for a refund; and the seller had a history of providing defective merchandise.

E. The credit card company may always charge the consumer, and it is up to the consumer to get a refund from the merchant.