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How does the EMV liability shift affect keyed-in payments?

Have you noticed most credit cards now have a chip on them? This is because of the EMV Liability Shift established in 2015. This was the credit card networks’ way of preventing sellers like you from accidentally taking a counterfeit card at the point of sale, since the chip on a card can’t be copied the way a magnetic strip can be. In order for these security measures to work, all sellers should be processing chip cards using a chip card reader to prevent swiping or keying in a counterfeit card.

 

If you are not using a chip card reader and the cardholder later claims they did not authorize the payment, the bank now has the right to assume the card processed at the point of sale was counterfeit. Square no longer has the right to challenge these kind of disputes for you, and often they are automatically closed in favor of the cardholder. If you are not using a chip reader for payments taken in person, the banks see it as failure to follow best practices to prevent these kind of disputes. The liability of paying back cardholders has shifted from banks to sellers. This liability only applies to in-person payments.

 

Keying in payments through your mobile Square app?

If you’re keying in payment this way make sure you can answer YES to the following questions:

  • Is my customer giving me this payment in person?
  • Am I sure my customer is the owner of this card account?
  • If something were to happen with the charge (e.g. it gets disputed) can I easily get in touch with my customer to resolve the issue?

 

Taking payments over the phone or via email?

If your customers are not present at the time of transaction, use the Virtual Terminal option on your Square Dashboard. You can access your Dashboard by logging on to squareup.com. Using Virtual Terminal allows Square to transmit the payment to the customer’s bank as a payment that was not processed in person. That way, if the cardholder disputes the charge because they don’t recognize the transaction, the bank can’t label the dispute as an EMV Liability Shift dispute.  

 

Quick Tips:

  • Payments taken over the phone or via email should be entered using Virtual Terminal
  • For manually entered payments, obtain a credit card authorization form or written authorization for the payment from the cardholder.
  • In-person payments should be done using a chip card reader whenever possible.
  • If you’re keying in a card number through the Square app on your mobile device, make sure you know your customer well so you can settle any dispute with them directly
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Super Seller

@Lexi Random question regarding the Liability Shift:

 

If the chip is damaged and we end up swiping the card after the three tries through the reader, where does the liabality lie if the charge is disputed?

Ryan Wanner
Golden Pine Coffee Roasters
Colorado Springs, CO, USA

Super Seller: I know stuff.
Beta Tester: I break stuff.
he/him/hey you/coffee guy/whatever.

Happy Selling!
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Super Seller

This is exactly what I was going to ask when I saw the topic 😀.  A shady credit card hacker could simply use an unreadable chip to make you swipe a card after 3 attempts, therefore, bypassing the higher security.

 

I believe I saw an answer here a while ago saying that we were covered because we tried to follow the best practices and it was unreadable.

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Square

Glad you asked, @ryanwanner, and thanks for the quick assist, @VanKalkerFarms! You are correct; if there is an issue with the chip functionality, the liability shift does not apply as long as you've shown you attempted best practices. That being said, if you suspect it's an issue like the one you called out @VanKalkerFarms, you may want to consider asking for an alternate form of payment. 

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Beta Member

I am not quite clear how this works. What do you mean by "best practices"? What is a scenario where a chargeback wouldn't be resolved in the business' favor if a physical card was presented? 

 

There seems to be a scam by people who are aware of the EMV Liability Shift and take advantage of it.

 

Somehow they swipe a card (instead of inserting into the chip reader) and then claim fraud. These chargebacks are always resolved in the customer's favor because of the "liability shift." They seem to be aware of this loophole and dispute it knowing it will always go in their favor.

 

All of our recent chargebacks have been resolved in the customer's favor because: "Your customer has claimed that they did not authorize this transaction and their chip card was not processed on a chip-capable terminal."

 

It is odd that the only chargebacks we get are from cards that get swiped and not inserted. 

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Beta Member

I got a charge back claim for a purchase of $313 that was in favor of the customer because of EMV Liability Shift.

 

I clearly remember this Spanish young man who looked like a tourist and had his mom on the WeChat asking her what vitamins she wanted and in what quantities.

 

He purchased $313 of vitamins and herbs.

His card's chip could not be read so I swiped it, as I would always do when the chip does not work.

 

He signed it....complete signature and all.

 

Now I not only lose the merchandise (he's not a regular) which had a retail total of $313 PLUS the money is going back to him......

 

WT****

 

We need to do something about issues like this.

Should we NOT take any payments (don't swipe) if the person's chip doesn't work???

 

I'm a small business and this is really not fair nor is it affordable. 

Especially not at the prices we pay now a days  for credit card fees and processing fees......

 

What should I do in the future???

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Square Community Moderator

Hi @vitamingal,

 

I moved your post to an existing thread that goes over EMV liability more and has links to the Support Center on these specific types of disputes.

 

In summary: for chipped cards you'll always want to make sure you're using a chip card reader. You'll want to attempt using one as many times as possible before the app tells you to go ahead and swipe. You can also manually take the payment on your Square Dashboard under > Virtual Terminal to ensure you're not EMV-liable if the charge comes back as a dispute.

Ashley C
Community Moderator, Square
Sign in and click Mark as Best Answer if my reply answers your question.
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