Smartphone Required (digital exclusion of people without smartphones)

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AXS Ticketing will not honor a refund when their smartphone app fails to load ticket, denying you entrance to event. (lemmy.sdf.org)

submitted 1 month ago* (last edited 1 month ago) by [email protected] to c/[email protected]

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Happened a while back to me. I own an Android phone, but when I went to use my $200 in tickets to a local event, the app wouldn't display them. Contacted AXS support and they were explicit in denying any recourse or access to a paper ticket.

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[–] [email protected] 11 points 1 month ago (1 children)

Sounds like it's time for a credit card chargeback

[–] [email protected] 5 points 1 month ago* (last edited 1 month ago) (1 children)

That would indeed be the practical answer assuming he has a credit card with those protections. Credit cards not issued in the US or UK often lack chargeback protections in non-fraud situations.

Note as well that even in the US the chargeback merely moves the money back to the consumer and does not affect legal obligations. If AXS were motivated, they could sue the customer in that case and likely point to a contract that indemnifies them from software defects and incompatibilities.

I think most banks have a threshold where they eat the loss. I did a chargeback once for around ~$20 or 30. Then I found out that the bank’s cost of investigating the chargeback exceeds something like $50, so the bank just takes the hit instead of the merchant. I found that a bit disturbing because a malicious or reckless merchant has no risk on small transactions. But in the case at hand for $200, the bank would likely clawback the money from AXS.

[–] [email protected] 1 points 1 month ago (1 children)

Credit cards not issued in the US or UK often lack chargeback protections in non-fraud situations.

This part got me intrigued. Would not honoring a contract (letting you use your ticket) not constitute fraud?

[–] [email protected] 1 points 1 month ago* (last edited 1 month ago)

I don’t think so because it would have to involve deliberate deception. (source)

The first customer to enounter the problem could send a registered letter to the vendor and then a second customer could perhaps later use the 1st customer’s letter to prove the vendor knew about the defect. The vendor would then perhaps try to argue that they did not know a particular customer was vulnerable to the defect. I don’t imagine that the debate could unfold in a chargeback dispute. A bank that is less consumer friendly than what you have in the US and UK would probably say it’s not obvious fraud.

Note as well fraud legally requires 5 components to all be present. I think 3 of them are: deception, someone must profit, someone must be damaged, … and I forgot the other two components.

(edit) I should add that when banks refer to “fraud” they may not be using the legal definition. I think it’s simpler for banks. They might ask “do you recognize the charge?” If yes, they likely don’t treat it as fraud. Of course I am speaking speculatively. I’ve not worked in a bank and a banker might have better answers.