I think the OP has a pretty good case for this being an unauthorized charge.
Additionally, as someone who has been on the receiving end of chargebacks a number of times I can tell you merchants have a higher burden of proof in things like this. Even submitting perfect evidence can get ruled in favor of the cardholder.
Perhaps? Chargebacks are a completely black box though and the entity that makes the decision is the cardholder's issuer so they often rule in favor of the cardholder if there is even a chance they are right (in my experience).
I've had what I thought was bullet-proof evidence before and lost an appeal (as a merchant).
If they sent an email saying or clearly implying it would renew at $38 and the following 2 emails didn't have any clear warning about price changes in the subject line, I think OP would be quite justified in having assumed they were just empty reminders.
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I think the OP has a pretty good case for this being an unauthorized charge.
Additionally, as someone who has been on the receiving end of chargebacks a number of times I can tell you merchants have a higher burden of proof in things like this. Even submitting perfect evidence can get ruled in favor of the cardholder.
Wouldn't the merchant's proof be the two emails they sent regarding the upcoming renewal with charges listed?
Perhaps? Chargebacks are a completely black box though and the entity that makes the decision is the cardholder's issuer so they often rule in favor of the cardholder if there is even a chance they are right (in my experience).
I've had what I thought was bullet-proof evidence before and lost an appeal (as a merchant).
If they sent an email saying or clearly implying it would renew at $38 and the following 2 emails didn't have any clear warning about price changes in the subject line, I think OP would be quite justified in having assumed they were just empty reminders.