Not acceptance of foreign issued VISA card

[TheGeekess]

It was not this case. The card was accepted by the POS Terminal without any problems but just declined. If the problem is with the POS Terminal the clerk could use the imprinter or call the authorization center by phone to get authorization code for transaction. Note I am expert in data communication with deep knowledge of payment cards.

Alrighty then.

 

[justalayman]

According to VISA Inc. document "Visa International Operating Regulations Core Principles"

6.0 Payment Acceptance

6.2 Visa merchants may not refuse to accept a Visa product that is properly presented for payment, for example, on the basis that the card is foreign-issued 4, or co-branded with the merchant’s competitor's mark.

yep and who do you think rejected the card?

in case you don't know, when you insert your card for approval, it is routed directly to an authorization point controlled by VISA. The gas station does not control that so, call VISA and ask why your card was declined.

 

[justalayman]

. Note I am expert in data communication with deep knowledge of payment cards.

then you know that if the card was accepted by the POS terminal, the gas station had no control over it from that point on. Call VISA or your customer service number for your answers.

 

[Kevil]

yep and who do you think rejected the card?

in case you don't know, when you insert your card for approval, it is routed directly to an authorization point controlled by VISA. The gas station does not control that so, call VISA and ask why your card was declined.

It's simple the specific gas station chain is refusing to accept foreign issued card. They simply think we will refuse foreign-issued card in our POS terminals for unknown reason not to take care about them probably "to fix" in advance any problems with them. The software in POS terminal recognize the foreign-issued card based on the first numbers of the card. I mentioned my card works great at any other gas station chain or shop.

 

[justalayman]

It's simple the specific gas station chain is refusing to accept foreign issued card. They simply think we will refuse foreign-issued card in our POS terminals for unknown reason not to take care about them probably "to fix" in advance any problems with them. The software in POS terminal recognize the foreign-issued card based on the first numbers of the card. I mentioned my card works great at any other gas station chain or shop.

Oh, so now it is an entire chain of some particular brand of gas station.

unless you have contacted your customer service, you don't know what is happening. They have immediate knowledge of transactions and can determine the cause of a denial. When you call them, you can tell them all about the particular brand of station refusing foreign cards.


but to your suit:

sorry but even if they were refusing the cards as you allege, YOU would still not have a cause of action against the company. VISA enforces the merchant agreements and is the entity that would have standing to take any action available.

 

[BigMouthWino]

It's simple the specific gas station chain is refusing to accept foreign issued card. They simply think we will refuse foreign-issued card in our POS terminals for unknown reason not to take care about them probably "to fix" in advance any problems with them. The software in POS terminal recognize the foreign-issued card based on the first numbers of the card. I mentioned my card works great at any other gas station chain or shop.

Why don't you just do business (get your gas) elsewhere then? Why the mortal quest to obtain gas from this particular chain with this particular card?

You have no claim.

 

[sandyclaus]

According to VISA Inc. document "Visa International Operating Regulations Core Principles"

6.0 Payment Acceptance

6.2 Visa merchants may not refuse to accept a Visa product that is properly presented for payment, for example, on the basis that the card is foreign-issued 4, or co-branded with the merchant’s competitor's mark.

"Properly presented" doesn't guarantee that the merchant will be able to successfully process a transaction. The bank can give them a reject code which keeps them from accepting the card for some reason.

Again, THE BANK can prevent a successful transaction, and in this case, they DID. The gas station didn't reject the card itself, the transaction was disallowed by your bank.

 

[Kevil]

"Properly presented" doesn't guarantee that the merchant will be able to successfully process a transaction. The bank can give them a reject code which keeps them from accepting the card for some reason.

Again, THE BANK can prevent a successful transaction, and in this case, they DID. The gas station didn't reject the card itself, the transaction was disallowed by your bank.

This is not true, I was not told the transaction was refused because of the bank. The card was refused at any gas station of specific gas station chain only. At the same time it works great elsewhere.

 

[Kevil]

Why don't you just do business (get your gas) elsewhere then? Why the mortal quest to obtain gas from this particular chain with this particular card?

You have no claim.

I was visiting Death Valley NP and running out of gas. There were not so many possibilities where to get the gas.

 

[LdiJ]

The person to sue is the one who told you that the gas station was legally obligated to accept your VISA card.

Just to clarify...the gas station's contract with VISA does require them to accept his VISA card. So yes, there is a legal (contractual) obligation. The question here is who controlled the denial...the merchant service who processes the card or the gas station chain by virtue of some sort of programming? That, quite frankly is going to depend on the size of the chain.

The most likely scenario is that the link between the merchant service processing the card and the foreign bank/foreign merchant service who issued his card was down...but its not impossible that the gas station chain controlled the denial either.

However, if somehow it really was the gas station chain, then his remedy is not to sue the gas station chain, but to make a rigorous complaint to the card issuer so that VISA would eventually take issue with the gas station chain.

 

[FlyingRon]

Just to clarify...the gas station's contract with VISA does require them to accept his VISA card.

Actually they do not. The merchant agreement doesn't say that.

So yes, there is a legal (contractual) obligation.

But only between VISA and the merchant, even if it existed. He has no recourse. Frankly, he's got nothing but conjecture as to why his card was declined and because of who.

Having been around the patch with VISA, MC, and AMEX on a number if merchant issues, I can tell you that VISA isn't going to do anything to the merchant on this.

 

[LdiJ]

Actually they do not. The merchant agreement doesn't say that.

But only between VISA and the merchant, even if it existed. He has no recourse. Frankly, he's got nothing but conjecture as to why his card was declined and because of who.

Having been a merchant with a contract with a merchant servicer (many times, over many years) I disagree.

Having been around the patch with VISA, MC, and AMEX on a number if merchant issues, I can tell you that VISA isn't going to do anything to the merchant on this.

It would be a fairly remote possibility that a very large merchant chain would program to refuse foreign credit cards. However, in that instance I do think that VISA would have an issue with it. Its a major part of their marketing that their cards are the most accepted, world wide.

 

[FlyingRon]

Having been a merchant with a contract with a merchant servicer (many times, over many years) I disagree.

Well you're wrong. The VISA security guidelines say 100% "DO IT RIGHT" use the POS and trust it. A merchant is not required, and specifically recommends against to use any alternate method to take a card if it has been declined via the POS. VISA will do NOTHING to the merchant nor do they have any right to.

It would be a fairly remote possibility that a very large merchant chain would program to refuse foreign credit cards. However, in that instance I do think that VISA would have an issue with it. Its a major part of their marketing that their cards are the most accepted, world wide.

That's part of their marketing, but it's not necessarily reality. I've had my cards declined OVERSEAS. VISA/MC isn't going to expose the vagaries of how the reject suspect transactions, but it happens all the time. If you believe that your card is universally going to be valid everywhere, you're pathetically mistaken. I got caught in such a trap in Australia where my MasterCard wouldn't go through because it was a US card. It took a lot of calling around with my issuing bank to specifically bypass the security trips so the POS system in Australia would accept it.

 

[You Are Guilty]

Putting on my devil's advocate hat for a bit here, I'm going to stir the waters. While certainly not ratified in every state, start with §302 of the Restatement (Second) of Contracts:

Intended and Incidental Beneficiaries

(1) Unless otherwise agreed between promisor and promisee, a beneficiary of a promise is an intended beneficiary if recognition of a right to performance in the beneficiary is appropriate to effectuate the intentions of the parties and either:

(a) the performance of the promise will satisfy an obligation of the promisee to pay money to the beneficiary; or

(b) the circumstances indicate that the promise intends to give the beneficiary the benefit of the promised performance.

(2) An incidental beneficiary is a beneficiary who is not an intended beneficiary.

We then turn to the VISA operating agreement, which is (a) enormous, and (b) not particularly helpful to my devil's advocating from what quick glace I've given it (check pages 49 and 58 of the document): http://usa.visa.com/download/merchants/visa-international-operating-regulations-main.pdf

But then, we put it all into action: http://www.leagle.com/decision/2008695533F3d162_1671

Now granted, this was a decision from the "Correct Coast", so if someone wants to do some legwork to see what CA has to say about the issue, have at it.

[/devil]

 

[CdwJava]

According to VISA Inc. document "Visa International Operating Regulations Core Principles"

6.0 Payment Acceptance

6.2 Visa merchants may not refuse to accept a Visa product that is properly presented for payment, for example, on the basis that the card is foreign-issued 4, or co-branded with the merchant’s competitor's mark.

Then you complain to VISA and they spank the vendor. There is no LAW that REQUIRES a gas station vendor to accept your credit card ... assuming, of course, they rejected it - which I don't see as likely. I tend to believe that either the system was down or fouled up, or your bank rejected the card - it happens. I have a local bank here in town and about one in 10 fillups at a local gas station results in a decline as a result of technical issues, NOT because my card was issued in my hometown.