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Who Pays For Credit Card Breaches?

PetManimal writes "A scheme to steal customers' credit and debit card information at a New England supermarket chain highlights a little-understood fact about credit card security: Customers still think that the credit-card companies have to eat fraudulent charges, but since the PCI DSS standards were adopted, it's actually the merchant banks and merchants who have to pay up. And, according to the blogger writing in the latter article, it's a good thing." "The main reason PCI exists is that there are tens of thousands of merchants who don't understand the basics of information security and weren't even taking the very minimum steps to secure their networks and the credit card information they stored... PCI pushes that burden downstream and forces merchants to... put in a properly configured firewall, encrypt sensitive information and maintain a minimum security stance or be fined by their merchant banks... [T]he credit card companies have taken the bulk of the financial burden off of themselves and placed it on the merchants, which is where much of it belongs...'"

4 of 313 comments (clear)

  1. Article is Wrong by scribblej · · Score: 5, Informative

    Merchants have been responsible, not VISA, all along. It's ALWAYS been that way.

    I say that as someone who's been int he industry for ten years, so I'll admit maybe things were vastly different before I got here. But for at LEAST the last decade, merchants have eaten fraudulent charges.

    Here's how it works in a nutshell. I'll assume an internet ("e-commerce") transaction since it's what i'm most familiar with.

    1) Evil bad guy steals a credit card number.
    2) Evil bad guy makes a charge from Bob the Merchant
    3) Bob the Merchant ships Evil Bad Guy his product.
    4) Joe, the actual owner of the credit card sees the charge on his statement.
    5) Joe calls Bob the Merchant and says, "Why did you charge me?"

    At this point, the only thing Bob the Merchant can do is issue a refund to Joe. He'll never see his product that Evil Bad Guy took, or the money, ever again. What happens is he refuses to give Joe his money?

    6) Joe calls his issuing bank and asks for a chargeback.
    7) Bob the Merchant is forced by his merchant account provider to refund the money to Joe. Also, to pay a chargeback fee of somewhere around $50, and if he gets more than 1% of his charges returned as chargebacks, VISA refuses to ever let him do business with a domestic bank again.

    So who loses here? Not VISA. Not Joe, the cardholder. Not Joe's issuing bank. The merchant, is out product and money, and there's jack-all he can do about it.

    There is only one exception I am aware of: Verified by Visa. If a merchant uses VBV on his website, then VISA will guarantee the charges, and if there is a chargeback, VISA will eat the cost. This is a HUGE change from how things have always worked in the past. However, no one uses VBV because it requires the CARDHOLDER to take extra steps to sign up and become active, but the CARDHOLDER has no reason to care, since he's already protected.

    Anyhow. Long before PCI, long before CISP, long before any of the security standards were standards, the merchants were already responsible for all fradulent charges. It's the way things are. PCI makes a much cleaner audit trail when things go south, but it's not really about fraud nearly as much as it's about data security. There's a few tiny parts of PCI that address a few particular cases of fraud, and ALL the rest of it is about data security and handlling policies.

  2. Re:Should improve Customer service by damiangerous · · Score: 4, Informative
    Maybe some of these retail stores will finally make it policy to ask for ID when making a purchase. Wouldn't you like it that way?

    No, I hate being asked for ID when using my card. In fact, Visa and MC rules prohibit merchants from requiring you to show ID to accept a card. I go They can ask, but can't require it. They also cannot accept a card with "See ID" without making the cardholder sign it. See page 29 of the Visa merchant rules (PDF) and pg 48 of the MasterCard merchant rules (PDF).

    I usually file a complaint here and check the "merchant required identification" box.

  3. Merchant pays? Not all the time. by Itninja · · Score: 5, Informative

    I am an online merchant and I use both Google Checkout (in the foreground) and Paypal Payments Pro (in the background) to process CC transactions. Both of those providers will (and have for me in the past) eat the fraudulent charges as long as I had taken all required steps to ensure the transaction was genuine.

    For example, I had one $100 sale that, a few months ago, came back as 'fraudulent'. Paypal asked me to provided documentation to show the steps I took to verify the buyers information. I keep all these records, so I sent Paypal address verification, proof of delivery, etc. After about a week they contacted me, told me that I followed their verification process properly, and that they would absorb the cost of the disputed transaction.

    --
    I judt got a nre Kinesis keybiartf so please excusr ant egregiou typos.
  4. Re:I've seen it happen. (Sort of.) by Target+Drone · · Score: 3, Informative

    I've no idea how much money had to go missing before someone at one of the CC companies (or an automated program of some sort) decided to take a closer look and see what the common thread was

    They may have figured it out from his IP address. If your on highspeed you IP tends to remain the same for weeks or months at a time. Other providers may be different. The credit card API that I used had an optional field to send through the IP address of the customer making the purchase. If enough online retailers fill in the field then it's pretty obvious that you have charge backs on different CC numbers that were purchased from the same IP address.