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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 7406
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I have a business and during an out of state show I accepted

Customer Question

I have a business and during an out of state show I accepted a credit card for $1100.00. I called my shop and had my shop run the card and it cleared fine. Several months later I received a charge back on the card. I cannot find any of the information other than the last numbers of the credit card. The bank will not give the name or the contact information for the people using the card. What can I do to locate the card holder and perhaps get my money back?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.

A few minutes please as I am still looking into this.

Expert:  LegalGems replied 1 year ago.

Thanks for your patience; the credit card company, due to privacy concerns, will not disclose the consumer's identity/information voluntarily - this can only be done by a subpoena, which requires a lawsuit to be filed (the named plaintiff would be a jane doe if there name is ***** ***** then amended when it becomes known). In the chargeback process, the merchant is responsible for providing supporting documentation to the credit card company to prove that the transaction was legitimate. If the company rules in favor of the consumer, the merchant can sue (typically in small claims); however, the merchant must have adequate documentation to prove that the transaction was not fraudulent, did not constitute a breach of contract, or other actionable legal claim. If the credit card dispute process is still open (the chargeback will indicate when a response by the merchant is due), the merchant can provide the supporting documentation directly to the credit card company. If this information is satisfactory, they will reinstate the charge. Also, it is important to timely challenge chargebacks, as there are chargeback penalties imposed by the credit company; additionally, multiple chargebacks can result in the merchant losing their credit card account. There are chargeback management firms that will assist, for a fee, in the dispute process.

Expert:  LegalGems replied 1 year ago.

Also, if the transaction occurred out of state, the state in which the transaction occurred, or where the defendant resides, has jurisdiction; so unless the amount is significant, most merchants will not travel to another locale due to the time/cost issue.

Expert:  LegalGems replied 1 year ago.

Also, if a merchant fails to respond to a dispute, the credit card will automatically resolve the issue in the consumer's favor, so a response is essential.

Expert:  LegalGems replied 1 year ago.

Here is a helpful guide prepared for merchants: https://merch.bankofamerica.com/documents/10162/12961/Best+Practices+for+Efficient+Handling+of+Retrievals+Chargebacks.pdf

Expert:  venus-cssm replied 1 year ago.
We received your customer service inquiry, however, we are unable to respond to you because we do not have your email address. Please contact customer support at***@******.*** and provide us with your email address and a link to this question page so that we can help you. (paste the question link into the response). Thank you, ***** ***** Customer Support Team.
Expert:  LegalGems replied 1 year ago.

Did you have any questions on the above? I see a moderator has responded but you are still coming up as awaiting a reply from me. Thank you.

Expert:  LegalGems replied 1 year ago.

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