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When you ship to the billing address and it's fraud?

Can you get your merchandise back?

     
4:21 pm on Jan 30, 2010 (gmt 0)

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I have a case right now where the card holder is disputing a charge. I verified his name, address and phone number before shipping the order. The other day I got a notice from my merchant provider about a dispute.

When I spoke with a person at my merchant provider, she said the card holder was under no obligation to return merchandise he didn't order. If that's the case, what's the point in verifying name and address? In fact, what's the point of having a business at all?

Any knowledgeable help is appreciated.

1:01 am on Jan 31, 2010 (gmt 0)

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That will depend on the jurisdiction and the circumstances.
Most likely I suspect that what they mean is that it is your responsibility to arrange collection.
1:33 am on Jan 31, 2010 (gmt 0)

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If the customer accepts the merchandise and then does a chargeback, you can contact them directly and let them know that if they don't return the merchandise in saleable condition, you will be taking legal action to recoup your losses. This usually works.

You have the option of taking them to small claims court, sending a collection agency after them, and putting it on their credit report. So you are not helpless by any means.

9:15 am on Jan 31, 2010 (gmt 0)

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So many variables. Did the customer sign for the item? Are they claiming that it was accepted by a family member or cleaner who didn't know that it wasn't ordered? Did it just drop through their mail box? Does local law require them to make a trip to the post office to return it or can they insist that you arrange collection? Are they claiming non receipt? Are they claiming the item wasn't as ordered? Are they claining that you are running some sort of scam charging for unordered products?

For "non receipt" advising them that the "theft" will be reported to the police may cause them to "discover" that it was taken in by a neighbour.

9:28 pm on Feb 3, 2010 (gmt 0)

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I had one instance where a customer disputed a charge and the order was shipped to the cc billing address.

Not to my surprise visa ruled against me. I simply had a lawyer send a legal letter and than they "remembered the charge"
1:52 am on Feb 4, 2010 (gmt 0)

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[ftc.gov...]

I'm not sure exactly what happened in your situation, and I'm no lawyer, but the FTC makes it sound like you are out of luck if the person can demonstrate that they did not order the product.
5:33 am on Feb 4, 2010 (gmt 0)

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Did they sign the carrier delivery?
If no, you may try to claim for insurance.
4:01 pm on Feb 4, 2010 (gmt 0)

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but the FTC makes it sound like you are out of luck if the person can demonstrate that they did not order the product.


The FTC regulation is for merchandise that was deliberately shipped without an order. Not for goods sent in error or for goods that have been ordered by someone else.

So I would contact the buyer to arrange a pickup and if he does not agree and wants to keep the products I would collect the money in small claims court.
5:25 am on Feb 5, 2010 (gmt 0)

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The FTC says you can keep goods shipped in error. Again, this assumes that the person did not order the products.

"Q. What should I do if the unordered merchandise I received was the result of an honest shipping error?

A. Write the seller and offer to return the merchandise, provided the seller pays for postage and handling. Give the seller a specific and reasonable amount of time (say 30 days) to pick up the merchandise or arrange to have it returned at no expense to you. Tell the seller that you reserve the right to keep the merchandise or dispose of it after the specified time has passed."
3:52 am on Feb 11, 2010 (gmt 0)

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They can't keep the merchandise if they get their money refunded. Demand they return it.
4:28 am on Feb 11, 2010 (gmt 0)

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If he says he didn't order it and didn't receive it, then what?
11:49 am on Feb 11, 2010 (gmt 0)

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You can call the customer that you will have the post office investigate whether it was delivered or not and to whom, exactly, and askt he customer if perhaps he just forgot he received it or if perhaps someone else in the house received it and forgot to tell him and put it aside somewhere. I have done this a few times and the order has turned up. Cntact the post office local to that area and ask to speak to the regular carrier for that route. If the carrier remembers delivering it, then you can go back to the customer and confront them with that fact.

How does he explain who ordered it if it wasn't him?

I have heard of people getting access to a friend or relative's card, ordering something, and then intercepting it basically on their doorstep. You might ask him if anyone could possibly have access to his card, like a relative. You have to go with your gut how likely that is. This did happen to a customer of mine once--a brother-in-law ordered a bunch of poisonous widgets on his card without telling him. Some kind of family dispute.

Maybe you should require a signature, since you're having a lot of trouble.
6:52 pm on Feb 12, 2010 (gmt 0)

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Hi dickbaker

Delivering to the billing address is one thing, but delivering to the card holder is another matter! I remember a story where a customer made a chargeback because they had not received the merchandise, only to find out later that their son had "forgotten" to mention to his parents and had it hidden in his bedroom!

I recommend phoning the customer directly to ask why they have made a chargeback, explaining it was delivered to their address as requested. If that fails, explain the situation fully, in writing, to the merchant bank. That should clear things up.