... which is pointless because as a minor liability for the child's actions automatically resides with the custodial guardian, in this case, the mother. Seriously? Do people not even think of such things?
Parents aren't responsible for the criminal actions of their minor children. When was the last time a parent got life in prison for their child's premeditated murder?
IMHO, Zynga or whatever should/will have to eat it because they themselves did not properly screen the child from being able to make purchases as such. The mother would be well within her rights to claim unauthorized use of the card based purely on inaction by Zynga to prevent such an occurrence from happening. But HSBC would be shielded from eating the cost because Zynga would be responsible for footing the bill in this case after HSBC extracted the chargeback from them.
Common provisions of the Visa Cardholder Agreement:
- Promise to Pay: You agree to repay all charges made on this card, along with any finance, or any other charges arising from the use of the Card.
- If you delay in reporting your card/PIN lost or stolen, you could be responsible for the charges or the losses incurred.
- In the event your card is used fraudulently, you agree to assist us in our investigation and to sign an affidavit of fraud and forgery.
From Zynga's standpoint, their joint agreement with Visa and the Visa Cardmember Agreement means that when Zynga accepts the card it is doing so under the representation that the person to whom the card belongs has affirmed that any use of said card is at the cardholder's permission. By not filing charges the mom has represented that the card use was authorized so Zynga's charges are valid.
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