| > to line the pockets of the credit card duopoly and ensure the merchant always gets screwed. First, in the US there are four companies, not two (or three, if you don't want to count Discover). And chargebacks aren't the reason that there are so few players - they're far from the biggest barrier to entry for an upstart, aspiring credit card provider. > In many developed countries there are consumer protection laws which entitle the buyer to Replacement, Repair, Refund (in that order usually), so a merchant not adhering to these laws could endup in serious legal trouble as is. That's not what chargebacks are generally for, and in fact using a chargeback for any of those three things is oftentimes considered misuse of the chargeback system. Chargebacks are for handling disputes regarding the actual goods or services promised or rendered. Furthermore, having laws in place means nothing if it's prohibitively expensive for consumers to actually get them to be enforced in all but the largest disputes. Chargebacks are a tool that consumers can (and do) use to ensure that merchants adhere to these agreements. No individual is going to go to court with a merchant over a few hundred dollars on a disputed credit card charge. The consumer delegates this authority to the credit card company, who is more than happy to aggregate this risk across multiple customers, in exchange for a cut[0]. This is not a problem; it is the system working as intended! I'm saying this both as a consumer and as a merchant who has gotten screwed over by one of the four (not two) major credit card companies[1] - chargebacks suck, but they provide an essential protection for consumers that the judicial system cannot. (All of this is separate from fraud, which is a different matter entirely.) > I forgot the last time I had to use a credit card (or paypal and their "consumer protection") in the last year, and my life both personal and business is easier and better for it. I've had to make a few chargebacks in my life. The largest was for almost $2000. Even though the vendor was clearly in the wrong (and I had the written contract to prove it), it would have been way too expensive to actually try and get our money back through the judicial system. Fortunately, my credit card company was more than happy to settle the matter for us. [0] The consumer doesn't pay for this service directly, but they do indirectly (which isn't fundamentally different from many other products and services, in which the actual cashflow is invisible to the end consumer - this can be problematic in its own right, but that's a separate matter of discussion). [1] I have plenty of chargeback horror stories as a merchant, but that's the topic of another post. And that doesn't mean I don't see the value in chargebacks in general. |
Regardless of how many players there are, it's hard to deny that they behave like a cartel, which I think was the point of GP's use of duopoly.
I don't really see chargebacks as an anti-competitive practice, but I do see them as shifting the burden for their shockingly-bad security practices to merchants and consumers and focusing on ease of use (even for criminals) to increase the amount of credit card spending and profits for the payment networks. Europe has had chip and pin for decades now (it was already well established on my first trip there in 1998) and we're just getting it now after a ton of major breaches that should have been easily prevented. But merchants are forced to take credit cards because consumers love the convenience of paying that way and they're prevented from knowing the added cost that it imposes. That's where the cartel behavior comes into play...the policies that prevent merchants from advertising different prices for credit card transactions to reflect that added cost of accepting credit cards adds a silent ~5% tax onto everything we buy. Even for informed consumers, it creates tragedy of the commons situation because you'd be foolish to buy with cash when you can pay the same price and get 1% cash back.
All of this follows from the chargeback system that places all the burden for fraud on merchants. If the payment networks bore the burden for fraud out of their cut, we would have seen credible security features long ago. And somehow, when breaches like Target and Home Depot come to light, we blame those companies rather than the payment networks who should have been responsible for solving these issues many years ago.