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Comment by throwanem

5 days ago

More like, you don't sue a vendor and then expect the relationship to go back to status quo ante.

A chargeback is essentially binding arbitration and it can be existentially costly for small businesses, especially those unable effectively to advocate for themselves in a fairly complex and little-known process. Excess chargeback initiations - even of failed chargebacks - will also get acquirer accounts closed, meaning the business formerly a client of that acquirer can now no longer accept credit cards. (Modern acquirers like Stripe also do this, because the card issuers and payment networks will eventually cut them off if they don't: Stripe is not "too big to fail" according to Visa, which is why you may not sell sex or porn via Stripe.)

Anthropic doesn't need to care, of course. No one is going to fire them as a customer over excess chargebacks, and a hundred such fees are still cheaper than one hire. Anthropic has a burn rate. Chargebacks impinge much more heavily on businesses that need to earn money selling goods or services. It's important not to confuse one with the other.

> More like, you don't sue a vendor and then expect the relationship to go back to status quo ante.

Depends on the specific relationship between the parties and the nature of the lawsuit.

If I sue Walmart, the only grocer in my town, for mislabelling the weight of their ground beef, we (as a society/government) probably shouldn't allow Walmart to retaliate by banning me from their stores.

  • I wasn't talking about what 'should be allowed,' rather what presently is. But your example goes rather more to my point, don't you think?

    As with any tenant (owner or domicilee) of a private property in the US, the management of a store has broad privilege over lawful access to the premises, the legal theory at basis being that of trespass. Stores frequently use this power to exclude known shoplifters, check kiters, etc.

    Not you, though, not after having prevailed in Marsymars v. Wally World - congratulations! Absent some novel obnoxious behavior on your part, the terms of the judgment are such that treating you as a trespasser would almost certainly result in a further finding of contempt of court, with penalties condign upon the franchise. (The general property right is not abrogated, but the specific judgment takes precedence where it applies.)

    That relationship is materially different from the one which predeceased it, and the change was a direct consequence of your suit. Granted, Wal-Mart was not to you a "vendor" in the sense we mean it here but a retail store serving the general public, and you are not a "client" but a customer, and the parallel fails of establishment in several other obvious ways besides. I'm impressed it still goes so well to my point despite those flaws. Good work!