Reg E Dispute/VBV no chargeback rights

Posted By: Purex

Reg E Dispute/VBV no chargeback rights - 07/27/10 07:05 PM

Hello all its me again with another probing question: I'm not sure I understand what our bank is required to do when a customer disputes an error (POS transaction) and we(the bank) dispute the item and the message is sent back VBV-Visa bank verified. Do banks then still give the money back to the customer and write off what the charge is? Any help would greatly be appreciated. The guy at my bank that is responsible for this task has never been reviewed and is not wanting to explain his procedures. Better me than the regulators HUH!
Posted By: BrianC

Re: Reg E Dispute/VBV no chargeback rights - 07/27/10 07:50 PM

All I can say it, I share your pain. Verified by VISA and its counterpart, MasterCard SecureCode are useful tools to reducing (not eliminating) online fraud.

Basically a cardholder is required provide identifying information such as address/phone number, last for digits of checking account tied to debit card, CVV code, etc. The cardholder can then create a password that they will use at any participating merchant to complete an online purchase.

Unfortunately for the bank, any of this information can be phished, stolen via Trojan computer virus, used by roommate, etc.
Reg E and VISAs zero-liability still apply regardless of the bank's chargeback rights. An alternative to a chargeback in this case is to send a "Retreival Request" to the merchant. This is a non-finanical request that requires the merchant to at least provide you with information about the transaction such as IP Address where the order was placed, name and address where merchandise (if any) was shipped. At least then you will have more information to determine if the cardholder did in fact benefit from the transaction, or if it was truly fraud.

If the merchant fails to comply with the request, this opens up chargeback rights to the bank for "failure to supply requested information." Occaisionally I have recovered funds in this way.

Bottom line is that in the event this is fraudulent purchase, you must reimburse the cardholder and file a report with Visa's Fraud Reporting System (FRS).
Posted By: BetsyS

Re: Reg E Dispute/VBV no chargeback rights - 07/27/10 07:55 PM

We’ve been hit with some VBV fraud. I also belong to a couple of card forums, and most banks are reporting it as well.

Most likely the message means there’s no charge-back rights for your institution under the Visa Operating rules, and no recovery. But you’re still on the hook as far as Reg E is concerned. I assume that your employee has investigated as to whether your customer originated the transaction. Unless you can confirm they originated it, you most likely will need to refund the customer and take the loss.
Posted By: Purex

Re: Reg E Dispute/VBV no chargeback rights - 07/27/10 09:07 PM

crowman3 and BetsyS, you both have been extremely helpful. I got more information out of you two than the individual this responsible for these duties at my bank. OMG, are we going to be in some trouble if I can't get this mess cleaned up. Thanks again
Posted By: BrianC

Re: Reg E Dispute/VBV no chargeback rights - 07/27/10 09:39 PM

If this individual has never been reviewed, I don't envy the task if you're planning to back-check disputes for violations. Then again, better you find them and correct any mistakes than have the examiners do it for you. Good luck.