Visa 13.4 - Counterfeit Merchandise
- The customer says what you sold is fake. Not broken, not wrong, fake
- This one carries risk past the chargeback. Brands sue, customs seizes, acquirers terminate
- Your defense is paperwork from before the sale. Supplier invoices, license letters, serial numbers
- The window is 120 days. No documentation means you lose
A customer got your product and says it's counterfeit. That's 13.4, and the disputed amount is the least of what you're risking.
When This Code Applies
- Product is alleged to be counterfeit
- Item lacks authenticity markers
- The brand says the item is fake
- Product fails authenticity verification
- Unauthorized reproduction of branded goods
Conditions for Valid Dispute
The cardholder claims the merchandise is fake. Usually they're expected to try you first, and they may also have to return the item.
What they point at is predictable. Missing tags or certificates, quality that differs from genuine, packaging that doesn't match, serial numbers that don't check out.
Time Frames
| Scenario | Dispute Window |
|---|---|
| Standard | 120 days from transaction |
| From delivery | 120 days from delivery date |
Representment Options
Only one of these matters: the one you can document. Proof of authenticity wins most often, whether that's a certificate or a letter from the brand. Lead with it.
1. The Merchandise Is Genuine
Evidence required:
- Authenticity certificate
- Proof of authorized distribution
- Brand letter confirming authenticity
- Documentation of purchase from the manufacturer
- Serial number verification
2. You Never Claimed a Brand
Evidence required:
- Product listing with no brand claims
- Generic description used
- No trademark usage
- Clear non-branded marketing
3. Licensed or Authorized Product
Evidence required:
- License agreement
- Authorization letter from the brand
- Authorized dealer documentation
- Supply chain proof
4. Cardholder Never Returned It
Evidence required:
- Return instructions provided
- No return received
- Proof they kept the merchandise
Win Rate Expectations
| Defense Type | Expected Win Rate |
|---|---|
| Authenticity certificate | 70-85% |
| Authorized dealer proof | 65-80% |
| Never claimed branded | 60-75% |
| No documentation | Under 20% |
No documentation means the fight isn't worth your hours. Take the loss and fix your sourcing.
Where This Breaks
You can't build this defense after the dispute lands. Either you kept the supplier invoice or you didn't.
Grey market goods are the usual trap, because the item is real but you can't show a clean chain back to the manufacturer. Unknown suppliers cause the same problem for a worse reason.
Listings cause the rest. Don't name a brand you can't document. "Inspired by" is a legal minefield, not a workaround.
Photograph serial numbers and authenticity markers before the item ships, and keep every supplier invoice. That's the whole defense.
Legal Considerations
A counterfeit claim can cost more than the chargeback. Brands file trademark suits, customs seizes shipments and acquirers close accounts over it. If you can't document authenticity, stop selling the brand.
Selling genuine branded goods? Get authorization documentation in writing, before you list.
Getting counterfeit claims on goods you know are real? Contact the brand, because their letter is the strongest evidence you'll get.
Related Codes
- 13.3 - Not as Described
- 13.5 - Misrepresentation
- 13.1 - Not Received