On 28-Feb-12 14:18, Adam H. Kerman wrote:
Stephen Sprunk wrote:
On 28-Feb-12 01:37, Roland Perry wrote:
on Mon, 27 Feb 2012, Stephen Sprunk remarked:

If the card company finds in favour of the consumer, I'm sure the
merchant doesn't get paid,

The merchant was _already_ paid, so if the dispute is resolved in favor
of the consumer _and_ the merchant is liable for the fraud, the
merchant's account is charged back.

It's not always a fraud. Chargebacks can arise because an item is "lost
in the mail".

If the goods are "lost in the mail", that is not fraud (since fraud
requires intent), but it is the merchant's responsibility* to cure that
defect. If they do not, it becomes fraud. . . .

Uh, given that the merchant shipped the goods, there's no fraud here if
the merchant questions his responsibility to fulfill the order again.
That's a contract dispute.

There is no question; if the order was "FOB destination", as is the norm
for mail-order operations, and they accept payment but do not deliver
the goods to the destination as promised, that is fraud.

Granted, you likely won't get anywhere with LEOs unless they are aware
of a _pattern_ of such behavior by a given merchant; they'll just tell
you to dispute the charge with your bank.

S

--
Stephen Sprunk "God does not play dice." --Albert Einstein
CCIE #3723 "God is an inveterate gambler, and He throws the
K5SSS dice at every possible opportunity." --Stephen Hawking