Legal Question in Business Law in New York

Chargeback - Money Disappears - Who's Responsible

I have a merchant account with Paypal for my ecommerce website. A buyer, concerned by a small delay in receiving her purchase, filed a chargeback through her credit card company, American Express. Paypal initially fought the chargeback but eventually took it out of my account.

The buyer received her items 4 days after the chargeback and contacted AmEx to reverse the chargeback. AmEx told her that they never took my money, they just threatened a chargeback. She also claims that it was never credited to her account. However the money was definitely taken from my account, and Paypal says that Amex took it. Bottom line, both Paypal and AmEx claim not to have the money.

My question is who has to bother figuring out where the money went. Since the buyer admits to receiving the items and I have proof that I was not paid because the money was taken from my account via chargeback, isn't it the buyer responsibility to pay me? As far as she claims that the chargeback money never was credited to her account, that's her problem. As far as I know, I sent her an item and was never paid. Am I correct? Thank you in advance for your time and responses, they are greatly appreciated.


Asked on 6/26/08, 11:35 am

1 Answer from Attorneys
Jonathan Cohen

Re: Chargeback - Money Disappears - Who's Responsible

I want to answer just the last part of the question, as to the liability of the purchaser.

I am uncertain whether you were able to contact AmEx directly or you are simply taking the buyer's statement concerning AmEx's action on faith.

If AmEx really did not execute a chargeback and did not credit the buyer's account, should you sue this buyer in court, she will have a valid defense by merely showing a court her monthly AmEx statements.

I am starting to think that the buyer received the chargeback. You may have to attempt to work through PayPal so that PayPal reverses the chargeback on its end, provided you show proof (email from the buyer) that she received the items.

Doesn't PayPal have a grievance procedure?

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Answered on 6/26/08, 12:21 pm


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