I got CONNED.... :( any advice would be great

[Guest012920]

Ok guys, a little short story for ya...

I had a client in August pay CC for a month of time in advance. This was a significant amount of money. I provided all of the hours we agreed upon and when the 30 days was up, we said our good byes as he was leaving to go out of town.

Yesterday, I got an email from square- he is now claiming the CC swipe was fraudulent. HE signed it and everything but of course there was no written agreement. Now, I feel conned. I filed a dispute of course and being that my square is linked to my RL business so I have good rep with square, they didn't remove the funds directly from my bank account. I have his name but now that I have been talking to a few professionals- I believe I was a victim of CC fraud myself, that he used a stolen cc to do this transaction. He was in a temporary furnished apartment said he was on business. We spent alot of time together and I am still in shock.

[okiew]

Well first off, if he is on ECCIE I would post an alert about his handle. (Same for p411 if applicable) I'm no attorney, so I am not sure what legal footing you have to work with here, but my guess is that you are pretty much hosed on this one.

Credit Cards for this sort of thing are pretty much a double edged sword. It's a risk you need to be aware of and decide if you are willing to accept the possible losses.

[tinman483]

There is an attorney that posts stuff on here on ECCIE it may take awhile but will try and find his handle.
From what he posted before I think he gives good advise. But I'm not a lawyer just passing info!

[tinman483]

Ok found one of his post!

https://www.eccie.net/showthread.php?t=2157018

Good luck!

[Guest012920]

Thank you!!

[tinyisgreat]

ur client told the cc company he didnt get the sevices or was it the real credit card holder who didnt get blown but sure got fucked that disputed the charges. seems like u accepted the card provided the sex but never really validated the card... as the real card holder never got to enjoy that wonderful body of yours why we he pay for it

if this was a monthly arrangement seems like u took alot of cash without alot of research to validate the card holder.

[instfixer]

I am wondering if you checked his RW id against the name on the credit card?

[ShysterJon]

It seems to me that there are two possible scenarios: The hobbyist (H) is the cardholder and he's trying to get a credit for the money he paid you, or the H isn't the cardholder and he used a stolen card to commit fraud.

Either way, I think your remedy probably lies only through Square. You imply, but don't make clear, that the money you received from the transaction is still in your account. Square has or will look at the statements and other evidence you and the cardholder provided and decide or has decided which of you is more likely telling the truth and that party should get the money.

If it's the other scenario and the H used someone else's card and committed fraud, you probably will only get to keep the money if Square provides for protection when a member is the victim of fraud. I suspect, but don't know, that this is doubtful. It's a basic legal principle that a party is not responsible for the criminal acts of a third party. Check the Square terms of service to find out if you're protected. I found the following Square TOS, although there may be others posted elsewhere:

https://squareup.com/legal/ua

I scanned the TOS and didn't see any language regarding the rights of a member who is the victim of fraud.

I wrote above that your only remedy is probably through Square because, while you and the H had a contract, it's not a legally-enforceable contract. It's fundamental that a contract with an illegal subject matter -- here, prostitution -- is not enforceable. That means you can't sue the H and win because the judge wouldn't enforce your illegal contract.

Finally, you might reconsider linking your Square account with your RW identity in light of the following language in the Square TOS: "If we reasonably suspect that your Square Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Square Account, and any of your transactions with law enforcement."

Good luck! Please post any further questions you may have.

[DocHolyday]

Originally Posted by ShysterJon

It seems to me that there are two possible scenarios: The hobbyist (H) is the cardholder and he's trying to get a credit for the money he paid you, or the H isn't the cardholder and he used a stolen card to commit fraud.

Either way, I think your remedy probably lies only through Square. You imply, but don't make clear, that the money you received from the transaction is still in your account. Square has or will look at the statements and other evidence you and the cardholder provided and decide or has decided which of you is more likely telling the truth and that party should get the money.

If it's the other scenario and the H used someone else's card and committed fraud, you probably will only get to keep the money if Square provides for protection when a member is the victim of fraud. I suspect, but don't know, that this is doubtful. It's a basic legal principle that a party is not responsible for the criminal acts of a third party. Check the Square terms of service to find out if you're protected. I found the following Square TOS, although there may be others posted elsewhere:

https://squareup.com/legal/ua

I scanned the TOS and didn't see any language regarding the rights of a member who is the victim of fraud.

I wrote above that your only remedy is probably through Square because, while you and the H had a contract, it's not a legally-enforceable contract. It's fundamental that a contract with an illegal subject matter -- here, prostitution -- is not enforceable. That means you can't sue the H and win because the judge wouldn't enforce your illegal contract.

Finally, you might reconsider linking your Square account with your RW identity in light of the following language in the Square TOS: "If we reasonably suspect that your Square Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Square Account, and any of your transactions with law enforcement."

Good luck! Please post any further questions you may have.

Thank you SJ for confirming what I had ALREADY discussed at length with Ms. Stella through a PM.

[Submissive Angel]

Wow! That is totally screwed up! I have a lot of gentlemen ask me about credit cards, specifically asking about square.. I have always been very hesitant.. I guess with good reason! I hope things turn out in your favor! That totally blows!!!

[Guest012920]

Originally Posted by Submissive Angel

Wow! That is totally screwed up! I have a lot of gentlemen ask me about credit cards, specifically asking about square.. I have always been very hesitant.. I guess with good reason! I hope things turn out in your favor! That totally blows!!!

thanks girl! yes its awful but I think I have a 50 /50 chance.

Never again will i accept CC

[shooter6.5]

you did get screwed and not in a good way. I will be very surprised if you get relief on this one. but I hope you do. If you do not, then walk away and you and others have learned from this hick up.

This is a general statement for all in the hobby. Why in the world would you accept anything other than cash. You are leaving a paper trail and that is just simply a bad deal. I could go into detail on how a paper trail makes cases easy if anyone wants to go that way. Do NOT cause yourself any more problems.

Cash !!!!!!!!

[Chung Tran]

Originally Posted by Stella Sweets

thanks girl! yes its awful but I think I have a 50 /50 chance.

Never again will i accept CC

at least limit your exposure, say, to $500.. you took a big gamble.

[Ed Highlight]

More and more imaginative ways to get fucked on this site - sorry Stella...

[Warptcuck]

It's usually the other way around. The providers do the con, men get the shaft.
The answer we always get is, it's our fault for not doing our homework.
I think the answer is good for both. Do your homework.
This hobby is not the most civic minded people doing their thing, just be ready.
Now at least 1 provider sees how it feels to be on the other side of the con.