Chargeback911 'Identified Inconsistencies,' Says Amended Motion to Dismiss FTC Suit

The FTC and Florida attorney general’s claims don't adequately allege any required element of their claims that Chargebacks911 (Cb911) engaged in unfair or deceptive acts, said the defendant’s Thursday amended motion to dismiss (docket 8:23-cv-00796) and memorandum of law in U.S. District Court for Middle Florida in Tampa. The April complaint alleges Cb911 used “multiple unfair techniques” to dispute credit card charges in violation of the FTC Act and the Florida Unfair and Deceptive Trade Practices Act (see 2304130013). Defendants’ June motion to dismiss said plaintiffs don’t allege required elements of their claims but “merely recite elements and allege conclusory allegations.” In their amended motion, defendants disputed plaintiffs’ claim that Cb911 submitted “representment” screenshots to show the consumer filing the chargeback “saw or should have seen disclosures about key offer terms, such as the free trial and subscription terms,” on the merchant’s website, and agreed to those terms when making a purchase. The Thursday motion referred to the complaint’s exhibit A as proof that Cb911 “identified inconsistencies” in the AH Media package when onboarding client AH Media “and took proactive steps to correct those issues and inconsistencies.”