Pasha and the Lost Mountain
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Prosecutors will also choose to not take on a case that looks more like a civil matter than a criminal one, e.
Where to refer the criminal case to depends on multiple factors including the amount of money and where the merchant and customer is located. As stated above, your case will only be accepted with adequate proof and provided that the prosecutor is able to make it a priority.
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Where the merchant is located in a different place than the customer, the merchant may be afforded two shots for a prosecutor to take the case. There are typically no significant hurdles for a merchant to sue the customer directly or referring such customers over to authorities. This question is a little broad and requires specific scenarios. For example, if someone has a store front and you have camera recording of someone walking out with a product, that may be enough.
I am a manager of a subscription box company.
Our business relies heavily on recurring billing. One of our customers frequently files disputes for the following reasons:. The issuing bank did favor us, so a chargeback has not been initiated. But we found out that this customer now has another card and has attempted to file the same disputes as listed above. What proof will I need to prosecute this person? A customer authorizes multiple transactions for a video game streaming service. He believes that chargebacks are a great way to get a refund whenever he is dissatisfied with a game.
But he knows there are risks to falsely file a dispute with his issuing bank.
Pasha and the Lost Mountain
Since he uses a Visa card for these transactions, we deal with Reason Code 53 in our responses. What will I need to do in order to file a civil lawsuit against this person? Pursuing a civil lawsuit in any type of case has multiple challenges that need to be assessed before moving forward. One of the main reasons why there is not a lot of litigation of businesses suing its customers for chargeback fraud is because of these challenges.
The main obstacle for these types of suits is the economics of recovery. Factors such as the dollar amount in question, the likelihood of success, cost of litigation will dictate how to go forward. See above [Question 2].
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It is typically easier for a prosecutor to pursue the suspect if within their state. It really depends on the likelihood of recovery and how much the chargebacks total. Each country will have different laws, but typically persons outside the U. Theoretically, if there are significant amounts at issue, certain countries that may have treaties with the U. This has a pretty wide range depending on the jurisdiction and whether the case goes to trial.
Often these types of matters end with some kind of plea agreement that often includes some kind of restitution repayment back to the victim through lump sum payment or payment plan. Such restitution should not be expected by merchants for at least a year or two and beyond. This also assumes that the criminal is financially capable of restitution. First, many merchants are reluctant to pursue lawsuits against customers due to the public perception.
Pasha and the Lost Mountain
Second, and most importantly, the cost-benefit analysis with the probability of success is usually a large obstacle to civil recovery. Merchants should first consider whether the loss is an acceptable cost of doing business or worth pursuing. If the merchant is able to prove the fraud and it is of an amount that is worthwhile pursuing, the merchant may have multiple options including criminal and civil remedies.
Lastly, consider the goal. Is the goal to make an example to deter future chargeback fraud? If so, is the merchant large enough to even make such an impact? Is the goal to recover the funds? If so, even if successful, is the customer financially capable of paying you the money back?
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Unfortunately, more often than not, merchants will find themselves in a position where it is more worthwhile to find ways to prevent gross chargeback fraud than it is to pursue after the fact. Nasir N.
Pasha is the managing attorney of Pasha Law PC. His clients appreciate his ability to present solutions in a way that the everyday businessperson can easily understand. He regularly helps clients tackle issues relating to contracts, intellectual property rights, employment law, risk management, litigation management, and corporate governance, offering a crucial balance between conservative advice and practical solutions. Pasha also produces and co-hosts a podcast Legally Sound Smart Business with fellow Pasha Law attorney Matt Staub, answering client questions and analyzing current legal events that impact the business world.
Pasha also serves as a legal expert on corporate law for various radio programs. Outside the office, Mr.
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