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INFOLAWYER
INFOLAWYER, Attorney
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As a merchant why am I liable for an order that was placed

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As a merchant why am I liable for an order that was placed via credit card fraud? What can I do to contest this with the credit card company? I have no grounds for legal action correct?
Submitted: 4 years ago.
Category: Business Law
Expert:  INFOLAWYER replied 4 years ago.
Hello and thank you for your question.

-Could you explain your situation a little more?
Customer: replied 4 years ago.
Thank you for your reply. This is involving a transaction that took place between my small online business and a purported international customer. They supplied a credit card number which I later found out was stolen. I did not find out this information until almost a month later. I did not have the items in stock at the time of the order. The actual owner of the card or the credit card company had enough time to contact me before the order was shipped to Singapore. Would I be able to prove that they were negligent in their fraud detection and I am not responsible for a chargeback? The items of course have been shipped now. I will be out over $5000.00.

Thank you,

Jason Luxton
Expert:  INFOLAWYER replied 4 years ago.
You need to look at your credit card processing merchant agreement. They vary from bank to bank. In it they notify of the review process. Typically if you can show fraud, which appears the case here, the charge will be waived.
Customer: replied 4 years ago.
Thank you. I have given my credit card processing company all the needed documents to prove that this was fraud. The credit card company is not accepting this and is insisting on a chargeback.
Expert:  INFOLAWYER replied 4 years ago.
You can seek to appeal the decision and alternatively retain a lawyer on contingency to pursue the primary cuplrit although if out of the country not very practical. You can also ask them to cite a section from your agreement permitting them to make you take the loss on a fraud.
Customer: replied 4 years ago.
Very well. I will have to contact PayPal again. I just read the agreement. It is rather vague though.
Expert:  INFOLAWYER replied 4 years ago.
It often is and if need be you can appeal, sue, and seek to file a police report as to the perp.
INFOLAWYER, Attorney
Category: Business Law
Satisfied Customers: 50556
Experience: LICENSED BUSINESS LAWYER
INFOLAWYER and 8 other Business Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you very much. Peace.
Expert:  INFOLAWYER replied 4 years ago.
My pleasure.

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