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Visa’s Chargeback Pre-arbitration Process

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Fighting chargebacks is far from a simple task. Gathering and submitting the right evidence to get a chargeback reversed takes time, as does crafting a convincing and concise rebuttal letter. The reward is well worth it, however. If all goes well, that lost revenue will find its way back to your bank account in short order. Unfortunately, that’s not always the end of the story.

If the cardholder provides new evidence to support their case, the chargeback might wind up in pre-arbitration. Due to slight differences between card networks in the terms and process involved, pre-arbitration can be one of the most confusing aspects of fighting chargebacks. Fortunately, most chargebacks never reach this stage, but for those that do, merchants should go in armed with the knowledge they need to navigate pre-arbitration intelligently. Let’s talk about Visa’s pre-arbitration process and how merchants should handle it.

What Is a Chargeback?

While the Fair Credit Billing Act established the existence of chargebacks, working out how the process should work was left to banks and card networks, which is why the chargeback process tends to vary from one network to the next. Pre-arbitration is one example of this.

What Is Chargeback Arbitration?

During the chargeback process, there are several phases of back-and-forth between the merchant and the issuing bank. The exchange of information between the two parties usually doesn’t involve the other parties unless, for example, the cardholder has been asked to provide additional information.

Sometimes, however, the final decision in a chargeback case may not sit well with the losing party. In that case, they may choose to file for arbitration.

Arbitration is typically considered the last resort for both parties, since the losing party will have to pay hundreds of dollars in fees. Most transactions simply aren’t large enough to be worth the risk. Before a Visa chargeback reaches arbitration, however, there is pre-arbitration: One last chance for the parties involved to come to an agreement.

What Is Pre-arbitration?

There is one exception to this. In chargeback cases related to authorization errors or fraud, Visa will automatically analyze the transaction data and assign liability for the chargeback to either the issuing bank or the merchant, essentially automating the part of the process where the issuing bank would normally review evidence submitted by the merchant. Because of this, any further dispute of these chargebacks is considered to be initiating pre-arbitration.

There are various reasons why issuers might bring a claim to pre-arbitration (or an analogous process with another card network). They might learn new information from the cardholder that causes them to change the reason code or interpret the transaction details in a new light or discover that the merchant did not disclose pertinent terms and conditions when the transaction took place.

Regardless of the cause, once a chargeback enters pre-arbitration the merchant only has two options: accept liability for the chargeback or escalate the case to arbitration. Unfortunately, it’s often correct for merchants to accept liability for these chargebacks even if they’re sure the transaction was legitimate.

Why Is Pre-arbitration Tough on Merchants?

The idea behind pre-arbitration is that the cardholder may have new or unknown information regarding the transaction that proves their case of fraud. This information is outside the scope of the original chargeback, and even though the cardholder lost the initial chargeback, this new evidence gives the cardholder the opportunity to push for a second round of the process.

Although the ruling fell in favor of the merchant the first time, the merchant almost never wins on a second reversal.

The first thing you should do when facing pre-arbitration is review the evidence presented in the original chargeback case. What kind of documentation do you have supporting the claim that the charge in question was legitimate? Establish this baseline information and then check your records to see if you have any other information. Any new information should be submitted to the dispute.

Assessing the Evidence in a Chargeback Case

It’s important to note that not just any evidence will do if you plan to get a second chargeback resolved in your favor. Evidence stems from a clear documentation process on the part of the merchant, and this includes both informal and formal documentation.

For example, have you spoken to the customer on the phone? Make note of any and all of these exchanges with dates, times, and discussion content. Alone, this may not constitute compelling evidence, but as an additional component, it can bolster your claim.

More convincing evidence might include delivery tracking information, including confirmation of receipt by the delivery company. If you did not include this information in your original chargeback claim, now is the time to add it to the mix. Be careful, though. Make sure to match this delivery information, particularly the address, with the billing information linked to the client.

Also, take a look at the signature. While packages are often signed for by someone else, and while a signature may be forged or illegible, a signature that matches the buyer’s information can support your claim as a merchant.

Breaking Down Visa’s Pre-arbitration Process

Under the rules of Visa Claims Resolution, disputes proceed through an “allocation” workflow for disputes related to fraud and authorization issues, while merchant and processing error disputes go through a “collaboration” workflow. Pre-arbitration works slightly differently in each of these two workflows.

The allocation workflow is rules-based, which means that Visa will automatically render a decision on the dispute and merchants have only 30 days and certain conditions under which they can challenge the decision.

This is the pre-arbitration phase under allocation, even though it’s the merchant’s first opportunity to represent the charge.

Under the collaboration workflow, the merchant can submit evidence in representment once they receive notification of the dispute. If the issuer declines the representment, pre-arbitration is the next phase in the process, in which the acquirer can choose either to give up on fighting the dispute or request arbitration from the card network. The collaboration workflow closely resembles Mastercard’s process for all chargebacks.

Are There Alternatives to Pre-arbitration?

You should also keep in mind that arbitration fees are costly. It’s often best for merchants to accept a second reversal rather than going through the arbitration process. The losing side in arbitration must pay a fee of several hundred dollars. For the sake of your business and your bottom line, try to only take on second reversals you are confident you can win.

When in Doubt, Turn to the Chargeback Experts

Some merchants think that it’s worth the risk to go without professionals. After all, for what it will cost to hire chargeback professionals to manage a pre-arbitration case, couldn’t you just swallow the expenses and move on?

Yes and no. When it comes to chargebacks, avoiding hassle and near-term costs aren’t the only issues. This is also about protecting your reputation and improving your processes.

If you bring in chargeback professionals when you’re facing your first transaction reversals, they can help you to establish protocols that will prevent future reversals. You may lose your first few pre-arbitration rulings, but you will save your reputation with both customers and credit companies if you approach these cases with care.

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Chargeback Pre-Arbitration & Arbitration Explanation

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Whenever a merchant decides to represent a chargeback, they’re hoping that the issuing bank will look over the evidence, come to the conclusion that the chargeback was illegitimate, and reverse it. Unfortunately, that’s not always the end of the story, and that’s where pre-arbitration and arbitration come in.

If you choose your battles carefully, present evidence that proves your case, and top it off with the perfect rebuttal letter, you will win these disputes more often than not. Sometimes, however, the issuer will decide in the merchant’s favor and reverse the chargeback, then later file pre-arbitration along with a second chargeback.

The issuing bank may take a case to pre-arbitration when new information is introduced, the reason code changes, or they discover that something was inaccurate or incomplete in a merchant’s initial response to the chargeback.

In pre-arbitration, the merchant can either accept liability or file for arbitration, in which case the card network will step in and decide the outcome.

Here’s what the process looks like:

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What is chargeback pre-arbitration?

The chargeback process begins when a cardholder contacts their bank to dispute a charge and the bank agrees to file a chargeback. Once the merchant receives notice of the chargeback, they have a decision to make. They can either accept the chargeback and take the loss or fight the chargeback through representment.

However, if the cardholder disputes the transaction a second time based on new evidence, the issuing bank can pursue that as a second chargeback. At this point, the process enters pre-arbitration, or pre-arb, as a second round of disputes.

Pre-arbitration is usually requested by the customer’s issuing bank, though the acquiring bank can also request it should the merchant be unhappy with the results of the initial dispute.

When pre-arbitration is initiated, merchants have two options. First, they can accept liability for the chargeback, and the customer gets refunded their money in full. If they’re not willing to accept liability, they can request arbitration. This means that the card network will step in to make a final decision on the dispute.

What is chargeback arbitration?

If the merchant doesn’t accept liability

Since the issuing and acquiring banks have been unable to settle on an outcome on their own, arbitration gives the card network the power to weigh in and have the final say.

Though arbitration can be beneficial to merchants if they come out triumphant, it’s important to note that it comes with significant fees for the losing party.

Unfortunately, it’s actually fairly difficult for a merchant to win a case in arbitration. The merchant has usually included all the evidence they have to support their case in representment, so if the cardholder presents new evidence that convinces the bank to overturn their decision, the merchant typically doesn’t have anything left to counter with.

With chargebacks, prevention is the best medicine

Arbitration is a risky and potentially very costly endeavor, so for merchants, preventing chargebacks is always the best option. Understanding your reason codes, delivering stellar customer service, and responding to retrieval requests promptly and thoroughly can all help you prevent a transaction from becoming a chargeback — and potentially leading to arbitration.

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LABOR — Jewish Labor Organizations IN THE PRE STATE PERIOD Since the last decades of the 19th century, a number of sporadic labor associations have arisen in agriculture and in the printing, clothing, and building trades, as well as groups limited to a… … Encyclopedia of Judaism

arts, East Asian — Introduction music and visual and performing arts of China, Korea, and Japan. The literatures of these countries are covered in the articles Chinese literature, Korean literature, and Japanese literature. Some studies of East Asia… … Universalium

MISHPAT IVRI — This article is arranged according to the following outline: definition and terminology RELIGIOUS HALAKHAH AND LEGAL HALAKHAH common features law and morals de oraita and de rabbanan distinguishing between the two categories legal consequences of … Encyclopedia of Judaism

Class action — This article is about the legal term. For names of various art works, see Class Action (disambiguation). Civil procedure in the United States Federal Rules of Civil Procedure Doctrines of civil procedure Jurisdiction Subject matter jurisdiction… … Wikipedia

Communications Workers of America v. Beck — Supreme Court of the United States Argued January 11, 1988 … Wikipedia

United States — a republic in the N Western Hemisphere comprising 48 conterminous states, the District of Columbia, and Alaska in North America, and Hawaii in the N Pacific. 267,954,767; conterminous United States, 3,022,387 sq. mi. (7,827,982 sq. km); with… … Universalium

Wikipedia:Glossary — Welcome to Wikipedia, which anyone can edit. Help index: Ask questions · Learn wikicode · View FAQ · Read Glossary · Live Wikipedia editing related help via web chat … Wikipedia

Microsoft litigation — Microsoft has been involved in numerous high profile litigations over the history of the company, including cases against the United States, the European Union, and competitors. Contents 1 Governmental 1.1 Anti trust 1.1.1 European Union … Wikipedia

Contract — law … Wikipedia

ancient Greek civilization — ▪ historical region, Eurasia Introduction the period following Mycenaean civilization, which ended in about 1200 BC, to the death of Alexander the Great, in 323 BC. It was a period of political, philosophical, artistic, and scientific… … Universalium

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What is Pre-Arbitration?

Emily Vuitton October 24, 2016 Chargeback Basics 5 Comments

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A chargeback has a complex and murky process. But it can lead to what is a called pre-arbitration. Think of it as the ghost of a second chargeback. It emerges after the original chargeback. And it makes another attempt to steal your revenue. Its outcome depends on the dispute and the outcome of the original chargeback.

Pre-arbitration is fairly vague. So it will require some interpretation to figure out how it functions. Fortunately, we did the work for you.

Need a Reason to Review?

There are five chargeback reason code categories you should know. It’ll help understand the dispute and how you should respond to it.

The Life and Afterlife of Chargebacks

Each card network has its own approach to handle disputes. The terms may be different. But the process remains fairly unchanged. Here are its phases:

Causes of Pre-Arbitration

An issuer may issue pre-arbitration for several reasons. Some of it include:

There are several dispute reason codes that associate with pre-arbitration. And it’s outlined in the table below.

Card Network Reason Code

Other Fraud – Card Absent Environment

Services Not Provided or Merchandise Not Received

Cancelled Recurring Transaction

Not as Described or Defective Merchandise

Credit Not Processed

No Cardholder Authorization

Not as Described or Defective Merchandise

Non-Receipt of Merchandise

Services Not Rendered

Credit Not Processed

Responses to Pre-Arbitration

The merchant and acquirer can respond to the issuer’s pre-arbitration. But only if it’s based on the following grounds:

Avoiding Pre-Arbitration

It’s crucial to confront pre-arbitration. But it’s just as crucial to avoid it in the first place. There are practices for chargeback prevention that can be easily used to avoid this nightmare. Some include:

Basically, pre-arbitration is a second chance for merchants to prove their innocence. It’s always best to keep your records straight and transparent. That’ll give you a head start to protect your business. You’ll be able to prevent chargebacks along the way.

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