Quote:
Originally Posted by Ron Bennett
This thread raises a good point ... most people don't realize that a merchant on their own can attempt to collect monies refunded due to a chargeback.
With that said, many merchants won't attempt collections after losing a chargeback*, because the cost involved, and the potential for bad publicity.
* if the merchant lost the chargeback, they likely will lose in lawsuit too, if the defendant chooses to fight back hard.
And for adult, the added risk of a defendant fighting back hard bringing undue attention to the adult site's operations. All it takes are some allegations of underage content, obscene content (local community standards), or heck just announcing the presence of an adult business to bring on problems by the authorities.
Ron
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That depends on if the merchant actually tried to fight the chargeback, which in our industry few if any do. They just accept the chargeback then charge it to us. Some even add a fee to it, but regardless just because the credit card company and the merchant reached a decision doesn?t mean its gospel. We still have every right to pursue legal remedies and you?d be surprised how stories began to change when perjury is at stake. Let alone the expense the creeps are about to incur.
I?m not saying I would want to get involved in suite in some Bible belt town, although I was once and won.
As for underage, most of my suits involve multiple purchases, so how would a customer use underage as defense, the courts would see right through that. Furthermore it sounds like an admission of criminal behavior on their behalf. Oh the girl looked young so I went back and bought more, not gonna fly. Besides we al have our 2257?s compliance as well as ID?s if it ever came to that. My guess is if they ever attempted to use that as a defense and couldn?t prove it, case is over I win.
As for the presence of an adult business to bring on problems by the authorities;
We?re not doing anything criminal and they still have to follow the law.