Nightlife Article #39 : The Growing Implications of Chargeback Abuse: How Banks Are Fuelling an Industry Crisis
Michael Kill
Dr (h.c) FRSA - CEO NTIA / Chairperson UKDSA / Vice President INA / Trustee Nine Point Eight Charity - [email protected]
In recent years, a disturbing trend has emerged that threatens to dismantle industries already struggling to regain their footing after the economic fallout of the pandemic: chargeback abuse. Originally designed as a consumer protection mechanism, chargebacks allow customers to dispute transactions and reclaim funds in cases of fraud or unsatisfactory products or services. However, this system, intended to safeguard against unfair practices, is now being exploited, with significant consequences for the event, food, and hospitality industries.
Imagine this scenario: you attend a festival or concert, eat at a restaurant, or purchase tickets for an event. After consuming the food or experiencing the event, you decide to contact your bank to dispute the transaction, claiming the experience didn’t meet expectations. The bank, almost automatically, returns the money to you, essentially providing a refund for an event you fully enjoyed or a meal you've already eaten. This form of fraud is growing at an alarming rate, with more consumers realising they can exploit this loophole to get refunds for experiences or consumable items without any real justification.
This phenomenon is eerily reminiscent of the old retail trick where customers would buy an expensive dress, wear it for a special occasion, and then return it with the tags still attached for a full refund. While retail businesses have taken measures to curb such abuses, event promoters, food outlets, and festival organisers are being hit harder than ever before by the modern, digital equivalent.
The effects of chargeback fraud are crippling. Small businesses, especially those in the food and event sectors, are disproportionately affected. Imagine the cost to a food vendor after a customer enjoys a full meal only to request a refund through their bank days later. By that time, the food is gone, the resources expended, and the labour costs incurred, yet the money is siphoned back to the customer’s bank account. The same applies to event promoters. Festivals and concerts operate on thin margins, with substantial upfront costs to cover artists, venues, and staff. When attendees abuse the chargeback system, they’re essentially enjoying an experience for free, while the promoter bears the financial brunt—often without any ability to contest it effectively.
Worse still, businesses are not just losing money from the fraudulent refund; they’re hit with extra fees for the ‘privilege’ of the chargeback process. Banks charge businesses administrative fees for managing these disputes, compounding the financial damage. These fees can range from a nominal amount to a much higher percentage, depending on the bank and the nature of the chargeback. So, not only do companies lose the cost of the original service or product, they also pay to have their own money taken away.
Banks play a critical role in this growing crisis. Designed to protect consumers, the chargeback process is intended to be a remedy for those who have experienced fraud or genuine dissatisfaction with a product or service. Yet, the ease with which consumers can file disputes and the often automatic nature of refunds create a perfect storm for exploitation. Banks, eager to keep their customers happy, rarely challenge claims, leaving businesses in the lurch. The problem is exacerbated by the lack of scrutiny over certain claims, especially in industries where the ‘product’ is an experience rather than a tangible item.
Instead of acting as gatekeepers of fair commerce, banks are inadvertently enabling fraudsters to manipulate the system. In many cases, it’s as simple as filling out an online form, and within days, the money is back in the customer's account, no questions asked. This "refund culture" is getting out of control, and with more people realising they can get their money back for an intangible service like attending an event or eating a meal, it is becoming an epidemic.
This growing issue cannot be solved by the affected industries alone. For every event promoter or restaurant that takes action to prevent chargeback abuse, a customer can still file a dispute and claim their money back with relative ease. What's clear is that there needs to be regulatory intervention, and governments must step in to ensure that chargebacks remain a tool for legitimate consumer protection, not exploitation.
One potential solution is stricter verification processes on the part of banks before processing a chargeback. Instead of automatically siding with the consumer, banks could investigate claims more thoroughly and request evidence from both parties. For example, event promoters or restaurants should be allowed to submit proof of service rendered—tickets scanned, receipts, or even testimonies from staff—to demonstrate that the customer received and consumed what they paid for.
Additionally, governments could impose stricter penalties for fraudulent chargebacks, similar to fines for retail return abuse. This could help deter customers from frivolously disputing legitimate transactions. Regulations could also enforce greater transparency between banks, merchants, and consumers about the chargeback process, setting clearer guidelines on what constitutes a valid dispute and what doesn't.
The chargeback system, once a bastion of consumer rights, is now being weaponised against industries that are integral to our economy and culture. Event promoters, festival organisers, and food outlets are bearing the cost of this exploitation while banks, in their bid to maintain customer satisfaction, fuel the fire by allowing these disputes to be resolved with little to no oversight.
To protect the survival of these industries, there must be a concerted effort to reform the chargeback process. Banks need to take responsibility for the role they play and implement more robust measures to prevent fraudulent claims. Governments must intervene to close the loopholes in the system, ensuring that chargebacks serve their original purpose of consumer protection rather than becoming a tool for exploitation. Only through collaboration between these entities can this rapidly escalating problem be brought under control.
Without immediate action, the continued exploitation of this system threatens to devastate the industries that bring us music, food, culture, and joy. It must stop—and soon.
Creative Strategist / Brand Architect
1 个月If I'm reading this correctly, banks are being paid to keep their customers happy. That's quite the win-win...for them, at least. ??
Co-Founder at TicketSellers & Eventree
1 个月A prerequisite prior to processing a chargeback is for the customer to show they have attempted to resolve the dispute directly with the merchant first. This almost never happens but it's already a rule banks should have to adhere to.
Secretary General of the International Nightlife Association
1 个月Great article, Michael! I agree 100% with one of your proposed solutions: implement stricter verification processes for banks before processing a chargeback instead of automatically siding with the consumer. As you say, banks should investigate claims more thoroughly, request evidence from both parties, take responsibility for the role they play, and implement more robust measures to prevent fraudulent claims
Partner at John Gaunt & Partners ranked in both The Legal 500 and Chambers & Partners
1 个月I completely agree Michael Kill. I’ve seen this system exploited first hand to a client’s cost with customers challenging validly made transactions and then claiming the money back later on. In fairness, some card issuers (Amex spring to mind) are quite proactive in asking venues to provide them the evidence to tell these chancers to sod off, but where people get caught there don’t seem to be any repercussions beyond the claim being refused.