When Credit Card Disputes Become ‘Friendly Fraud’ - NerdWallet (2024)

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It’s a cardinal rule of shopping: If you don’t like what you purchased, you should get your money back.

Often, it’s quite easy. Generous refund policies abound. “The customer is always right” is a popular mantra.

And if a merchant is unwilling to resolve your problem, you have another option: asking your credit card company to reverse your payment, known as a chargeback. The federal Fair Credit Billing Act gives you the right to dispute a charge under certain circ*mstances, and many issuers make the process much easier than the law requires.

But just as you shouldn’t abuse a generous return policy, you shouldn’t dispute credit card purchases without a legally valid reason. Often referred to as “friendly fraud,” illegitimate chargebacks — including honest mistakes — cost U.S. merchants plenty.

Before telling your credit card company, “I’m not paying for that,” save your merchant and yourself some trouble: Make sure you have a rock-solid reason for seeking a chargeback.

What you can dispute

You can dispute credit card charges with your issuer for three reasons under the Fair Credit Billing Act:

  • Someone else used your card without permission. Say a charged a big-screen TV to your card. You could dispute that payment as an unauthorized purchase.

  • There was a billing error. Say the merchant charged you for two TVs, but you bought only one. You could also dispute that charge.

  • You’ve made a good-faith effort to resolve a problem with the merchant. Suppose you bought a TV and discovered that the screen was cracked. If the merchant refused to give you a refund, you’d generally be able to dispute that purchase successfully, if the purchase met certain requirements under the law.

    See Also
    Refunds

Filing a dispute is simple. Often, you just need to click the “dispute” button on your issuer’s online portal or app and answer a few questions. The purchase is credited back to you immediately. But “simple,” of course, doesn’t mean “inconsequential.”

What you shouldn’t dispute

For merchants, losses from legitimate chargebacks are a cost of doing business, says Monica Eaton-Cardone, chief operating officer of Chargebacks911, a firm that works with merchants to limit chargebacks. But she views friendly fraud as “essentially cyber shoplifting.”

“The majority of consumers are honest, and they want to do the right thing,” Eaton-Cardone says. “If they know what happens with a chargeback, and they actually see how [an illegitimate claim] is stealing money from the merchant, they won’t do it.”

In addition to the lost revenue from the sale, Eaton-Cardone says merchants are charged a fee, which averages $25 to $30, for each claim. Merchants can dispute a chargeback, but they might not prevail, especially if they can’t prove the charge was valid.

It’s easy to think your dispute is legally valid when it isn’t. Here are a few examples of illegitimate chargebacks that might surprise you:

The “unauthorized purchase” was made by a friend or family member. Check with authorized users to see if they made a purchase you were unaware of. A good rule of thumb: If you’re not willing to file a police report on your child or partner for making an online purchase without your permission, don’t file a chargeback for it.

You’re dissatisfied with a purchase but haven’t talked to the merchant yet. “I would urge consumers to take five minutes of their time, reach out and give the merchant the opportunity to resolve the transaction,” Eaton-Cardone says. If you don’t, a merchant could successfully dispute your chargeback.

To be sure, the term “friendly fraud” is often a misnomer — at least when referring to accidental chargebacks.

“‘Fraud’ usually implies some sort of intent,” says Chi Chi Wu, staff attorney for the National Consumer Law Center. If you’re unhappy with a purchase, filing a chargeback right away, without first trying to resolve the issue with the merchant, is at most “a failure to comply with the procedural requirements of the chargeback right,” she adds.

Filing a chargeback when you shouldn’t can trigger unintended consequences. You’ll almost certainly give up your chance of getting a refund. Some businesses also blacklist customers who initiate illegitimate chargebacks. And if your credit card issuer believes you’re violating your card agreement repeatedly, it may close your account.

Dispute responsibly

Before disputing a charge, here’s how you can prepare:

Know why you’re disputing the charge. If you believe someone’s making fraudulent purchases on your card, alert your issuer as soon as possible and request a new card and account number.

Gather evidence. Keep receipts, photos and correspondence with the merchant that support your claims, in case your issuer requires you to provide them.

Talk to the merchant. You don’t need to talk to the issuer before disputing a payment in cases of fraud or billing errors. But if you’re simply dissatisfied with a purchase, the law requires you to make a good-faith effort to resolve the issue with the merchant first. Calling customer service first, rather than hitting the “dispute” button, could get you your money back while keeping you on good terms with your retailer.

This article was written by NerdWallet and was originally published by Forbes.

When Credit Card Disputes Become ‘Friendly Fraud’ - NerdWallet (2024)

FAQs

Can you get away with friendly fraud? ›

So can you go to jail for friendly fraud? It's technically possible, but not very likely. There are two major reasons why. The first is that it's difficult to prove intent with friendly fraud.

How often are credit card disputes successful? ›

You might not always get a fair outcome when you dispute a chargeback, but you can increase your chances of winning by providing the right documents. Per our experience, if you do everything right, you can expect a 65% to 75% success rate.

What is credit card-friendly fraud? ›

Friendly fraud, sometimes called chargeback fraud, is when a cardholder identifies a purchase on their transaction statement as fraudulent and disputes it sparking the chargeback process. In actuality, though, they or someone else in their household may have made the purchase.

How do I fight a chargeback for friendly fraud? ›

The only way for businesses to deal with chargeback fraud after the fact is through chargeback disputes. This means disputing each fraudulent chargeback that comes along with sufficient and compelling evidence to prove that a customer did, in fact, authorize a purchase.

Do banks investigate friendly fraud? ›

If the merchant can prove to the issuing bank that the transaction is legitimate and the cardholder's claims are false, they can get their money back. However, this process will generally take at least 30 days, and often longer. The process for fighting friendly fraud is called chargeback representment.

How do banks deal with friendly fraud? ›

Banks investigate chargebacks by reviewing evidence provided by both the cardholder and the merchant to determine the validity of the dispute.

How to successfully win a credit card dispute? ›

When you have a transaction that you want to dispute, there are several steps you should take to improve your chances of winning the dispute.
  1. Review transaction history. ...
  2. Contact the merchant. ...
  3. Gather supporting documentation. ...
  4. Contact card issuer. ...
  5. Submit required documentation. ...
  6. Transaction details. ...
  7. Reasons for dispute.
Jan 29, 2024

What happens if you lose a credit card dispute? ›

When you first dispute a transaction, your card issuer gives you a provisional credit for it. You don't need to pay that charge while the dispute's in process. If you win, then the provisional credit becomes a full reversal of the charge. If you lose your dispute, then the charge goes back on your credit card bill.

What happens if a credit card dispute is denied? ›

If your dispute is declined, the charged amount remains on your credit card account. You must still pay the entire balance, including the disputed amount.

What are the two main types of friendly fraud? ›

Types of friendly fraud

While friendly fraud can occur for a variety of reasons, there are two main categories of friendly fraud: chargeback fraud and refund abuse. Chargeback fraud occurs when a customer disputes a charge with their bank or credit card company, claiming that the charge was unauthorized or fraudulent.

What percentage of chargebacks are friendly fraud? ›

Recent reports indicate that chargebacks and friendly fraud are common occurrences. According to the 2023 Chargeback Field Report, 72 percent of cardholders in the general market prefer to dispute through their bank rather than request a refund from a merchant, and 44 percent of all chargebacks are friendly fraud.

What is the difference between friendly fraud and chargeback fraud? ›

Chargeback fraud is similar to friendly fraud, although the dispute is intentional even though the cardholder knows they approved the purchase and received the product/service.

Do merchants usually fight chargebacks? ›

A chargeback is triggered whenever a customer disputes a purchase made with their debit or credit card. For most merchants, chargebacks are a common blight and one of the risks of doing business that are tough to avoid. However, if a chargeback seems illegitimate it should always be fought when possible.

What are the highly recommended evidence needed for fighting fraud chargebacks? ›

Make sure you include the following evidence when responding to any type of dispute: Customer name – guest name and cardholder name (in case of third-party payments). Customer email address – the email the client used to make the booking. Billing address – address that you see in the customer's profile.

What happens if you lie about a credit card dispute? ›

What happens if you falsely dispute a credit card charge? Purposely making a false dispute is punishable by law and could lead to fines or imprisonment.

What is the difference between friendly fraud and refund abuse? ›

Friendly fraud occurs when a customer makes an illegitimate chargeback request for a transaction they say they don't recognize. Refund abuse, however, is when someone finds loopholes in a business's return policy to return items for a full refund.

What is the difference between friendly fraud and true fraud? ›

Despite its seemingly innocuous name, friendly fraud can have significant repercussions for merchants. Unlike true fraud or identity theft, where a third party uses a cardholder's information without authorisation, friendly fraud involves the actual cardholder or someone within their household making a purchase.

Is return fraud hard to prove? ›

There are nine types of return fraud to deal with and even if you detect fraud, it can be hard to prove. Often, retailers have no way to verify a customer's false claim. Fortunately, there are strategies your business can use to spot fraud and solutions you can put in place to prevent it.

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