Author Topic: Courts: CC Arenít Responsible For Chargebacks If Balance Has Been Paid  (Read 914 times)

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Offline pixi

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Re: Courts: CC Arenít Responsible For Chargebacks If Balance Has Been Paid
« Reply #1 on: February 07, 2018, 03:00:53 PM »
Wow.. Makes no sense.
money doesn't talk......      it SCREAMS !

Offline henche

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Re: Courts: CC Arenít Responsible For Chargebacks If Balance Has Been Paid
« Reply #2 on: February 07, 2018, 03:07:37 PM »
Case doesn't say, but I'm guessing that person was not a consumer, based on the amount. It was a business, that ordered a million dollars of merchandise and put on a cc.

I'd assume that's a large part of this decision, even without being stated.  If it was mom and pop who bought a sofa for 1300 dollars, I'm betting the case comes out differently.


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Re: Courts: CC Arenít Responsible For Chargebacks If Balance Has Been Paid
« Reply #3 on: February 07, 2018, 03:08:20 PM »
Paging @ChaimMoskowitz

Case doesn't say, but I'm guessing that person was not a consumer, based on the amount. It was a business, that ordered a million dollars of merchandise and put on a cc.

I'd assume that's a large part of this decision, even without being stated.  If it was mom and pop who bought a sofa for 1300 dollars, I'm betting the case comes out differently.



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Re: Courts: CC Arenít Responsible For Chargebacks If Balance Has Been Paid
« Reply #4 on: February 07, 2018, 03:15:20 PM »
Case doesn't say, but I'm guessing that person was not a consumer, based on the amount. It was a business, that ordered a million dollars of merchandise and put on a cc.

I'd assume that's a large part of this decision, even without being stated.  If it was mom and pop who bought a sofa for 1300 dollars, I'm betting the case comes out differently.
Why should a big biz vs small biz or even amounts make a difference ?

Online ChaimMoskowitz

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Re: Courts: CC Arenít Responsible For Chargebacks If Balance Has Been Paid
« Reply #5 on: February 07, 2018, 03:19:35 PM »
Why should a big biz vs small biz or even amounts make a difference ?
Different protections for businesses.
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Offline henche

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Re: Courts: CC Arenít Responsible For Chargebacks If Balance Has Been Paid
« Reply #6 on: February 07, 2018, 03:19:44 PM »
Why should a big biz vs small biz or even amounts make a difference ?

any biz versus consumers.

Online ChaimMoskowitz

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Re: Courts: CC Arenít Responsible For Chargebacks If Balance Has Been Paid
« Reply #7 on: February 07, 2018, 03:21:53 PM »
Paging @ChaimMoskowitz
Crazy but the flip side is. You pay your balance in full without disputing would have a reasonable person believe you agree the charges are legit.
Good thing for PP protection when a gold dealer went belly up.
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Re: Courts: CC Arenít Responsible For Chargebacks If Balance Has Been Paid
« Reply #8 on: February 07, 2018, 03:33:34 PM »
Court ruling makes sense in this specific bankruptcy case. I just don't understand why it matters that it was paid already.

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Re: Courts: CC Arenít Responsible For Chargebacks If Balance Has Been Paid
« Reply #9 on: February 07, 2018, 07:35:34 PM »
Court ruling makes sense in this specific bankruptcy case. I just don't understand why it matters that it was paid already.
Probably because the Credit Cards were smart enough to put it in the small print on page 75 of 430 of terms and conditions.
I think the philosophy of a charge back is because the Credit card can claw it back from the seller, however in the case of bankruptcy (which usually doesnt happen the day after they sell a product) when there is nobody to claw it back they hoping that the person paid in full.

Offline PillanSmye

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Re: Courts: CC Arenít Responsible For Chargebacks If Balance Has Been Paid
« Reply #10 on: February 07, 2018, 07:56:50 PM »
If anybody took the time to read the filing, it makes perfect sense.  Anyone commenting that didn't read the filing is just blowing hot air.

I'll cut out the part that matters...PillansNotes

The FCBA is a remedial statute and should be construed broadly to protect consumers, but that doesnít give this court license to read into the statute something that isnít there. See Johnson v. Riddle, 305 F.3d 1107, 1117 (10th Cir. 2002).  Hasan asks us to draw a distinction between transactions in which the merchant delivers goods immediately and those in which the merchant delivers goods in the future.  But ß 1666i doesnít contain different rights for different types of transactions. Cf. Ali v. Fed. Bureau of Prisons, 552 U.S. 214, 228 (2008) (ďWe are not at liberty to rewrite the statute to reflect a meaning we deem more desirable.Ē).  Hasan also points out that a person who didnít pay off his or her credit card would have more recourse than he does in this particular situation and argues that he shouldnít be penalized for responsibly paying his credit-card bills in full each month.  That may be true, but as Chase points out, Hasan would have been in the same position had Congress not passed this statute. ďIn the pre-credit-card world, if Hasan had fully paid a merchant but the merchant later failed to deliver the promised goods, he would have had only one remedy: to affirmatively sue the merchant.Ē Chase Br. 24. Hasanís remedy lies in Premier Cruís bankruptcy proceedings, not with Chase and AmEx.

Remember, the court system doesn't work like you see on TV.

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Re: Courts: CC Arenít Responsible For Chargebacks If Balance Has Been Paid
« Reply #11 on: February 07, 2018, 08:03:24 PM »
Maybe if not for that statute and in the pre credit card world things would have been different. As he wouldn't feel as safe purchasing things to begin with, without any security.
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Offline PillanSmye

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Re: Courts: CC Arenít Responsible For Chargebacks If Balance Has Been Paid
« Reply #13 on: February 07, 2018, 10:37:01 PM »
Maybe if not for that statute and in the pre credit card world things would have been different. As he wouldn't feel as safe purchasing things to begin with, without any security.

Futures wine purchases are speculative investments.  Correlations can be drawn to the recent denial by FI's to fund speculative bitcoin purchases.

Offline ludmila

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Re: Courts: CC Arenít Responsible For Chargebacks If Balance Has Been Paid
« Reply #14 on: February 11, 2018, 02:13:45 AM »
Unbelievable, and ridiculous.


https://www.doctorofcredit.com/federal-court-determines-card-issuers-arent-responsible-chargebacks-balance-paid/
Doctor ordering close to $1 million of wine on credit cards. Is he a collector or re seller?
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