Debit Card Dispute

Posted By: ahkcompliance

Debit Card Dispute - 02/17/17 08:59 PM

We had a debit card dispute where we gave the customer provisional credit. During our investigation we got information that the merchant did have authorization for the transaction so we determined there was no error and debited the provisional credit. After that, the customer decided to send the dispute to arbitration. Are we required to give provisional credit back to the customer?
Posted By: BrianC

Re: Debit Card Dispute - 02/17/17 11:15 PM

Once you deny the Reg E claim determining that no error occurred, your obligations under Reg E are done. However, if you elect to continue a claim deeper into the chargeback process because the cardholder has recovery rights under VISA/Mastercard rules, then you are obligated to follow their requirements.

Mastercard states in the rights and responsibilities section of the Chargeback Guide, "...when an issuer hasa billed a transaction to its cardholder's account for payment and then chooses to exercise a chargeback right, the issuer must credit the cardholder's account for the amount of the chargeback."

VISA has a similar rule for its chargeback process:

1.11.1.2 Attempt to Settle
Before initiating a Chargeback, the Issuer must attempt to honor the Transaction.
If the attempt fails and the Issuer has already billed the Transaction to the Cardholder, the Issuer must credit the Cardholder for the Chargeback amount.
An Issuer must credit its Cardholder's account for the amount in dispute, whether or not a Chargeback was initiated, if the dispute involves an Electronic Commerce Transaction that meets the conditions of any of the following Chargeback reason codes:
● 30 (Services not Provided or Merchandise Not Received)
● 41 (Cancelled Recurring Transaction)
● 53 (Not as Described)
● 83 (Fraud – Card-Absent Environment)
● 85 (Credit Not Processed)

In other words, VISA/Mastercard expect that you allow the customer to keep the money while you investigate, even if the investigation is not part of a Reg E investigation. I am curious about the statement, "The customer decided to send the dispute to arbitration." The bank is the gatekeeper to the chargeback and arbitration process. You get to decide whether the cardholder provides sufficient information to continue to arbitration. Considering the filing and decision fees are $150 and $250 respectively, (paid by the losing party) don't let you customer make expensive decisions for the bank unless you are sure you have a case you will win.
Posted By: ahkcompliance

Re: Debit Card Dispute - 02/22/17 05:04 PM

Thanks Brian! As always, your thoughts are greatly appreciated!
Posted By: Valley girl

Re: Debit Card Dispute - 02/22/18 11:09 PM

Brian,

If I have a dispute that would apply to reason code 30, is there any time limit? The transaction took place 6 months ago. Is there a time limit for a dispute to be filed on "item not received" in VISA rules?
Posted By: Valley girl

Re: Debit Card Dispute - 02/22/18 11:13 PM

Never-mind Brian - as soon as I typed the question, I found the answer. 120 days.

Thank you!
Posted By: BrianC

Re: Debit Card Dispute - 02/23/18 12:00 AM

Just note that the 120 day clock starts ticking the later of the transaction date or the promised delivery date which can be up to 540 days from the transaction date. This accommodates cardholders that preorder something far in advance and have to prepay. When I teach debit card disputes I use the example of a wedd my where the order for the dresses is placed a year before the wedding and a month before the business files bankruptcy and the dresses are not delivered.
Posted By: Valley girl

Re: Debit Card Dispute - 02/23/18 05:02 PM

Thank you Brian. I will need to contact the member. It seems it was some kind of a "custom steel part" so there may have been a delivery agreement since fabrication was involved. It seems the vendor has packed up and moved on.