Can I be sued by a merchant for winning a chargeback?

[Bmcgee3]

Apparently 380 people had no problem and one who was charged admitted to smoking. I would say that is a pretty good record.

What record are you speaking of?

 

[OHRoadwarrior]

What record are you speaking of?

Reviews of the property online. It seems only you and Kyle have ever had a problem.

 

[LdiJ]

Hold on a second. I thought when a merchant agreed to accept Visa/Mastercard as payment they specifically agreed not to sue when they lost chargebacks. I could be wrong but I've heard that many times.

OP: I would report this merchant to the credit card processor. (not your bank, but VISA, Amex, MC etc.). They may be able to fire off a warning shot to the hotel to let it go.

I actually looked over our company's credit card agreement today and while the wording isn't as specific as you indicated, the agreement indicates that we accept the results of the dispute process as final and will not make further collection efforts against the cardholder if they win the dispute. We do however get more than one shot in the dispute process.

 

[Bmcgee3]

Reviews of the property online. It seems only you and Kyle have ever had a problem.

Myself and one other person being the only people to leave a negative review online does not mean we were the only people to ever have a problem with this merchant. It is ridiculous to assume that every unsatisfied customer leaves a negative review, also illogical to think that every customer that has ever done business there was satisfied(besides Kyle and I of course). There is a big leap between positive reviews online and positive business practices. Online reviews cannot establish scrupulous business practices. And if a business has a good reputation that doesn't mean they won't ever stray from this. You think the judge/arbitrator will be reviewing yelp before he/she hears the case? 380 were satisfied and had a great time, well that yippee for them but that means absolutely nothing to me because I am unsatisfied. Am I suppose to feel better because no one else has reported this? I think the majority of people that leave Disneyland are satisfied, but that is not to say there aren't people who don't have disputes. You are making several assumptions based on online reviews of the property. How many websites/review forums did you even look at? I bet I can find another unhappy costumer if I look hard enough. But this is very very off topic anyway, the business's online reputation has nothing to do with their housekeeper Rosa stating she smelled smoke and them charging me $500 for it, then threatening to sue after I successfully disputed the ridiculous charge.

 

[OHRoadwarrior]

I guess that is the problem. You and your boyfriend were the only ones who complained about the smoking charge, including all those people who gave the property a one star rating.

 

[Bmcgee3]

I guess that is the problem. You and your boyfriend were the only ones who complained about the smoking charge, including all those people who gave the property a one star rating.

Actually that isn't the problem at all. This dispute has nothing to do with online reviews, reputation, or previous guests experiences/complaints. You're saying a complaint is only valid if other people complain to? The number of 5 star, 4, or 1 star reviews, complaints, etc. for this business is absolutely irrelevant. Besides online reviews are a reliable way of measuring a reputation or complaints filed what so ever, as online forums are not the official complaint process. Online reviews cannot be used as data for determining how "good" a business is, that is just ridiculous, it's all subjective. Not everyone who does business with this merchant leaves a review, not everyone who has a good experience leaves positive feedback, and not everyone that has a bad experience makes a complaint, and not all bad experiences/complaint end up online. So again another giant leap you are making assuming that my boyfriend and I were the only ones to ever complain simply because I was only one to leave a negative review. I am still not sure what the fact that 380 people didn't complain and 2 did has anything to do with this. Again you think the judge will online reviews into account?

 

[OHRoadwarrior]

I think in the electronic age, if the property were indiscreetly assessing $500 smoking charges, the screams would be all over the internet. Obviously I found you screaming about it on several sites and your boyfriend on one site. Aside from one other person noting they were charged and admitting they were guilty of it, that is. I am sure the absence of people screaming in defense of your position, will factor in to the preponderance of the evidence, along with you and Kyle vs 2 or 3 hotel staff.

 

[LdiJ]

I think in the electronic age, if the property were indiscreetly assessing $500 smoking charges, the screams would be all over the internet. Obviously I found you screaming about it on several sites and your boyfriend on one site. Aside from one other person noting they were charged and admitting they were guilty of it, that is. I am sure the absence of people screaming in defense of your position, will factor in to the preponderance of the evidence, along with you and Kyle vs 2 or 3 hotel staff.

I said this in OP's original thread and I bet its true....

OP checked into the hotel, then went camping for a few days, then returned to the hotel room for at least a night. I would just about bet that OP had a campfire, and that OP's clothing and belongings smelled like smoke as a result...leaving a lingering smell of smoke in the hotel room.