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"regulatory" bodies for credit card companies?

problems with credit card company

         

LifeinAsia

9:21 pm on Apr 4, 2007 (gmt 0)

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First off, let's not let this thread degenerate into a bashing thread about any particular card that's going to get killed by the mods. (I went back and took out the name of the offending company.) Please keep it on topic as far as how to resolve the issue.

(By the way, we are the merchant in this little story. And all 3 parties involved are in the U.S.)

Quick background: Merchant charged customer's card. Customer used service. Customer's manager didn't recognize charge and cried fraud to credit card company (CARD). Merchant contacted customer, then customer contacted CARD to cancel the dispute and agreed to pay the amount. Customer also sent merchant a fax stating the same intent. Merchant sent fax to CARD. CARD told customer and merchant that issue was closed and everything is good. Customer paid amount to CARD.

Flash forward 6 weeks. CARD issues a chargeback to merchant and money is taken out of merchant's bank account. Merchant contacts CARD. CARD says no, issue was never closed, no record of contact from customer, and no record of contact from merchant. Merchant and customer spend several hours over the next week calling and faxing CARD. At one point, there was a 3-way conference call between CARD, merchant, and customer. Once again, CARD told everyone the issue would be closed. And hour later, CARD service rep called customer to say she took the issue to her supervisor and watched while the supervisor closed the issue in the system. Merchant called card- issue still open and no record any such conversation ever took place. Merchant spent over an hour on the phone bumping up the issue to supervisor then manager. CARD refused to initate another phone call to customer becasue it's "against corporate policy." Customer and merchant spend several days calling and faxing repeatedly to try to close the issue. Names are taken, but when they call back, no one has ever heard of those people and (supposedly) have no way of contacting them.

So, nothing is getting done through normal channels. CARD's system is apparently so messed up that it can't even record any information properly. The merchant is obviously pissed. The customer is pissed. And CARD apparently doesn't care.

So, what steps have any of you taken in similar circumstances?

I am considering talking to my bank and saying CARD made an unauthorized transaction and refuses to put the money back. I can file a BBB complaint, but I don't see that carrying much weight against CARD.

Is a letter to the Attorney General in CARD's home state too drastic?

[edited by: LifeinAsia at 9:24 pm (utc) on April 4, 2007]

jwurunner

9:59 pm on Apr 4, 2007 (gmt 0)

10+ Year Member




We have had similar situations in the past. The easiest solution is to hand it over to your attorney. Usually within a week everything is figured out. The amount of money you spendwith your attorney is cheaper than the amount of time you spend chasing it instead of focusing on marketing, purchasing, etc..

iamlost

11:50 pm on Apr 4, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



A lot depends on which bank issued the card:
* If the bank is federally regulated you are likely SOL - the Office of the Comptroller of the Currency has fought almost every state AG in court to remove federally chartered banks from lower jurisdiction (state, local) protections invoking the supremacy clause of the US Constitution, Article V, Clause 2.
* if the bank is state regulated then there may well be enabling legislation and a helpful regulatory agency.

The advice to leave the grievance to a competent attorney is sound.

Especially one in a state where only one half of a conversation needs approve of taping conversations and who understands media warfare - not really as the blowback would likely be worse than the satisfaction. :(

LifeinAsia

9:18 pm on Apr 11, 2007 (gmt 0)

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Well, after several deadlines to resolve the issue and threats to CARD to file formal complaints if they did not resolve the issue, and since I receive no response back from CARD, I finally filed complaints with the following:
1) Better Business Bureau
2) Florida Attorney General's office (CARD's HQ is in Florida)
3) Federal Trade Commission
4) consumeraffairs dot com

In each case, I pointed out that this type of fraudulent behavior by a small company would not be tolerated by the respective agencies, so why should a large company be allowed to get away with it?

trinorthlighting

9:36 pm on Apr 11, 2007 (gmt 0)

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Banks in the US fall under certain laws. If your out of the US file with the US Attorney general.

Tapolyai

9:44 pm on Apr 11, 2007 (gmt 0)

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I suggest you contact the actual card vendor (logo) not the issuing bank.

Presuming the credit card used was issued by some bank, they have a ton of card rules they must abide by.

LifeinAsia

9:50 pm on Apr 11, 2007 (gmt 0)

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Customer's card was issued directly by CARD, not a bank. I'd specify which CARD, but don't want the thread yanked for sounding like just an anti-CARD thread.

trinorthlighting,
As specified originally, all 3 involved parties are in the U.S. (And as I mentioend in my follow-up, CARD's HQ is in Florida.)

corbing

12:04 am on Apr 12, 2007 (gmt 0)

10+ Year Member



I commend you for taking action against CARD and trying to fight the gorilla. But, from a time and money standpoint, wouldn't have been easier to just eat the $20-$30 chargeback fee and mutually agree with the customer (who seemed reasonable) to run another charge through for the original amount?

LifeinAsia

4:07 pm on Apr 12, 2007 (gmt 0)

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We're not talking about a $30 chargeback fee. We're talking about $1700.00 that CARD took from our account. The same $1700 that the customer already paid to CARD. The customer certainly is not going to pay us $1700 that they already paid to CARD, especially when the customer side of the gorilla keeps telling him that everything was settled satisfactorily.

On top of that, we have a incorrect fraud citation on our account that is affecting our processing rate until it's removed. And who knows if/when CARD will report that incorrect fraud citation to the credit bureaus, which could affect our processing rates for other cards. Or even cause our merchant account to be terminated. Without which, we're pretty much dead in the water.

So it's not a lousy $30 chargeback fee we're fighting for here, it's potentially the life of our company.

Tapolyai

4:29 pm on Apr 12, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Refuse any new CARD transaction, if possible.

I think most us can guess who CARD can be. Neither of the two, that comes to my mind, have a huge online presence, or user base. One of the two might be more prevailent than the other, if we are talking high net-worth purchasers, or corporate purchases.

Clearly they do not seem to care about customers on either side. I would consider it a theft if the client paid the bill to CARD, yet card refuses to give me the money.

LifeinAsia

4:55 pm on Apr 12, 2007 (gmt 0)

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CARD has a huge user base. They are certainly pro-customer and anti-merchant.

Rough guess is that most of the CARD purchases through us are corporate cards. Another rough guess is that CARD accounts for about 5-15% of sales each month. Most of those can probably use another card.

On our site, we took off CARD as a payment option several weeks ago. We still accept it from a few select customers because it's their only payment option and we'd rather pay the higher fees for them than lose the customer. Unfortunately, CARD is somewhat of a necessary evil, although we have tried to minimize the evilness as much as possible.

akmac

7:27 pm on Apr 12, 2007 (gmt 0)

10+ Year Member



I had a similar situation with CARD that was never resolved. Fortunately, the customer was credited the amount by CARD and used a different card for payment to us. We however, were stuck with a chargeback on our record-whch shouldn't be there.

The most frustrating part was overcoming the assumption that CARD would behave fairly. From my dealings with CARD, it appears that their position is that all merchants are theives.

For future disputes, I now know what to expect from them at least:

No help.

trinorthlighting

8:29 pm on Apr 12, 2007 (gmt 0)

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This sounds like some fraud is going on. I would not file a civil complaint, I would file a criminal complaint. That will have a lot more teeth.

trinorthlighting

8:33 pm on Apr 12, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Here is the internet complaint center, file a report with them and it will be investigated;

[ic3.gov...]

DamonHD

9:48 pm on Apr 12, 2007 (gmt 0)

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Find someone to talk to at the card scheme provider, eg for VISA or MasterCard.

If an issuer is misbehaving and tarnishing the card-scheme's reputation then there are remedies available between the scheme provider and the issuing bank.

AFAIK the ultimate arbiter for VISA is the VISA Council, and they are to be feared if you get on the wrong side of them.

If nothing else consider taking it up as a PR issue with the scheme's PR department.

Rgds

Damon

LifeinAsia

9:56 pm on Apr 12, 2007 (gmt 0)

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tri-
We'll definitely file one with them if nothing happens soon. We're seeing more money in our bank account than expected, so we may have finally gotten out money back. We'll have to wait until tonight's statement to know for usre.

Damon-
Good for future reference. In this case, CARD is not Visa or MC. Although they have recently started letting some banks issue their cards, the card in question is not one of those. (In case it's not obvious by this point, I'm talking about the big A.)

DamonHD

10:00 pm on Apr 12, 2007 (gmt 0)

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OK, the situation with A is different, but they still do have a brand to protect, and they are causing their customer inconvenience even if they don't care (so much) about you as merchant. That is the line I'd take.

Rgds

Damon

LifeinAsia

3:40 pm on Apr 13, 2007 (gmt 0)

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Latest update- money was returned to our account yesterday. We'll have to wait for the next CARD statement to see if there is any chargeback fee charged as well.

lgn1

4:45 pm on Apr 13, 2007 (gmt 0)

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We had this same thing happen twice in 5 years, but did nothing about it. After 9 months it got corrected on its own.

I figure that everyting eventually goes to accounting, and at year end, they can't balance the books, so they have to figure out where the extra money goes, and eventually you get your money back.

Customer Service reps may not care, but accountants and comptrollers go nuts when the books dont balance.

DamonHD

10:10 am on Apr 14, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



News at 11: beancounter retentiveness as a force for good.

Oops, forgot that this isn't /.