Amex might very well take the OP's side, and they'd be right to. Credit card companies typically want to protect their customers and are predisposed to help them in matters like this. However, they have absolutely no control over what Meta does after that. They can't force Meta to keep doing business with the OP, even if the reason for terminating business is "I want to punish OP for taking 40k from my account that I didn't think was there."
Editing to add: One avenue that would probably work fairly well would be to get a lawyer to send a mean letter to Meta's general counsel. $40k is enough money to make the hourly rate worth it, and an attorney will be happy to help further if Meta tries to be punitive.
Editing to add: One avenue that would probably work fairly well would be to get a lawyer to send a mean letter to Meta's general counsel. $40k is enough money to make the hourly rate worth it, and an attorney will be happy to help further if Meta tries to be punitive.
They can't force Meta to keep doing business with the OP
Why not? Why can't they just add something to their merchant agreements to the effect of "if a customer files a chargeback that's resolved in their favor, you may not retaliate against them in any way"?
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Amex might very well take the OP's side, and they'd be right to. Credit card companies typically want to protect their customers and are predisposed to help them in matters like this. However, they have absolutely no control over what Meta does after that. They can't force Meta to keep doing business with the OP, even if the reason for terminating business is "I want to punish OP for taking 40k from my account that I didn't think was there."
Editing to add: One avenue that would probably work fairly well would be to get a lawyer to send a mean letter to Meta's general counsel. $40k is enough money to make the hourly rate worth it, and an attorney will be happy to help further if Meta tries to be punitive.
This 100%.
That's a really good point and suggestion. I'll reach out to our attorney. (grimacing at the cost as I write this)
Best of luck to you. Please come back and let us know what happens (if you can).
Thanks. I'll update here if/when I can.
Why not? Why can't they just add something to their merchant agreements to the effect of "if a customer files a chargeback that's resolved in their favor, you may not retaliate against them in any way"?
This being said, if a merchant gets too many chargebacks the gateway or processor may terminate the merchant's account.
So Facebook will be forced to stop accepting credit card payments that they can't handle properly anyway. Seems like a good solution to me.