Forget phishing attempts and AI deepfakes – one of the biggest challenges for merchants today is misuse and confusion over how we define fraud.
Fraud in financial services is specifically defined as the intentional act of deception for personal or financial gain, typically involving misrepresentation, concealment of information, or unauthorised actions.
Regulators such as the FCA (UK), MFSA (Malta), and the Bank of Lithuania adhere to international standards from the Financial Action Task Force (FATF), EU Anti-Money Laundering (AML) Directives, and other frameworks. They emphasise that fraud must involve criminal intent and cause actual harm. It is a serious offence with legal consequences, not simply a transactional dispute or an administrative issue.
Yet despite this, under the card scheme’s chargeback frameworks, such cases are routinely processed as fraud. According to the card schemes, friendly fraud represents 50–75% of all fraud-related chargebacks in certain sectors. It’s a staggering figure that reveals how often cardholders exploit dispute mechanisms not because of criminal fraud, but because of convenience or regret.
The card schemes’ policies force cardholders to falsely label legitimate transactions as fraudulent. For example, when a cardholder forgets to cancel a subscription and wants a refund, but the transaction was protected by 3D Secure (3DS), the only way to initiate a chargeback is by declaring it as fraud. This manipulative structure invites dishonesty into the system and misrepresents what fraud actually means.
Even worse, merchants have no opportunity to dispute or contest these fraudulent claims. The cardholder’s assertion is treated as the absolute truth, regardless of the merchant’s evidence, the contract, or the service terms.
There is no requirement for the issuer to collect any substantive proof, nor is there a legal requirement to report the alleged fraud to law enforcement. A criminal offence can be registered simply by pressing a button, and no one, not even the supposed fraudster, is investigated or held accountable.
If these fraud cases were actual criminal offences, why are the supposed fraudsters not investigated or prosecuted?
Both card issuers and acquirers conduct rigorous Know Your Customer (KYC) due diligence. The full identity of every cardholder and merchant is known – verified through passports, utility bills, residency documents, and company ownership records. If card payment fraud were truly a crime, arresting and prosecuting these individuals would be a straightforward matter.