australia finance commerce
Can I legally guess my customer&#39;s new credit card expiry date?
<p>As a merchant, I offer online subscription services to my customers. Often, my customer's credit card will expire, despite having an active subscription service to my product.</p>

<p>Is it legal for me to guess my customers new credit card expiry date to continue charging them for their subscription,  if they haven't cancelled and their old card has simply expired?</p>

<p>Dale has the right answer, but I'd like to elaborate on why it isn't lawful (as compared to why it would be unlawful).</p>

<p>I know it doesn't work that way on line, but it's simpler to think of a credit card as a physical piece of plastic. The bank will have issued this to their customer. It will have a number and an expiry date. You have no way of knowing whether a replacement card has been issued. Even if one has, the customer has authorised you to charge a specific card - you do not have the customer's authorisation to charge a different card with a different expiry date.</p>

<p>By guessing the expiry date, you would be making a representation to the bank that the customer has authorised you to charge that card (if it exists), when they have not.</p>

<h2>No</h2>

<p>That would be a breach of your agreement with both your customer and your bank.</p>

<p>It’s also fraud.</p>

<p>If they don’t respond to reminders, you just have to suspend/cancel their subscription (subject to your terms with them).</p>
