Legal implications of creating and sharing a customer blacklist?


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We're creating a marketplace where expect lots of buyers for digital goods ranging from $1 to $10.

Now obviously there are people who initiate chargebacks (costs $15!) without even communicating with the seller and sometimes intentionally to save money (fraud).

I'm wondering if it would be legal and ethical to create a blacklist of these customers who repeatedly initiate chargebacks and share this list with a few other businesses privately on their request? No, not the whole list, but a searchable with a combination of email the last-4 digits of the card.

Payments Credit Cards Fraud

asked Dec 27 '12 at 19:19
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Nimbuz
174 points

1 Answer


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Here are your (reasonable) options:

  • If you can demonstrate that the user is in the wrong, you should contest the chargeback.
  • You can cut the user off and refuse to do business with them in the future. (Usually.)
  • If the amount is enough to justify it, you can try suing the user.

Disclosing information about the user is extremely thorny, especially if it's financial information. Limited disclosure is either going to be useless, or a possible PII breach / PCI compliance issue.

If you absolutely must put something on the site saying why transactions with a user have been canceled, keep it simple. "User was banned due to terms of service violation" is the usually the most you should say publicly, and "banned" is usually ample.

IIRC, contesting chargebacks when you can demonstrate good faith on your part and/or bad faith on the customer's part can do a lot to help your record and to harm the customer's record with the card company, even if the particular transaction is ruled on in the customer's favor. Running up more than a few chargebacks in a year will likely flag a review (/ rate hike / account suspension / etc.).

answered Dec 27 '12 at 20:31
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Jim Gray
261 points

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Payments Credit Cards Fraud