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Old Aug 23, 16, 3:28 pm
  #276  
seawolf
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Join Date: May 1998
Location: New York, NY, USA
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Originally Posted by Mary2e View Post
Well, someone has the info.

Also, I don't know how often these numbers were sold more than once. I think it's more a case of the cards being drained almost right away.

In any case, my point is that Hyatt has the information and could use it to make people whole.
Sure Hyatt has the information of who used it but the question is how does Hyatt legally establish which claim is genuine and which is fraudulent without this going thru the court system?

Take Kalboz's drained gift card as an example. Let's say according to Hyatt records, the gift card was used by Jane Doe at the Andaz Maui shortly after Kalboz "purchased" the card.

From Hyatt's perspective, how does Hyatt establish the true owner to "make whole? (if applicable)"
  • Perhaps Jane Doe is the true owner all along and have no idea that hackers cracked the Hyatt gift card algorithm and sold her gift card number to CardCash who then sold it to elizabethperez55 who then sold it to Kalboz.
  • Perhaps the hackers who sold the card to elizabethperez55 sold it to multiple gift card resellers and one of these other resellers sold it to Jane Doe who then used it before Kalboz did.
  • Perhaps elizabethperez55 obtained the card legitimately as a gift for her wedding but couldn't use it and sold it in good faith to Kalboz without realizing the gift card# has been compromised by another party.
  • Perhaps elizabethperez55 is the Jane Doe who used the card at Andaz after selling it to Kalboz.
  • Perhaps elizabethperez55 sold it to multiple people and one of them is Jane Doe who used it before Kalboz.
  • Perhaps Kalboz is Jane Doe and used the card (not accusing Kalboz but just using this as an example).

In the last three scenarios, how is Hyatt (or Gap or Disney or American Airlines or The Cheesecake Factor etc) liable at all? These three scenarios are inherent risks to the secondary gift card markets even if the Hyatt gift card algorithm was not compromised to begin with. That is why certain resellers offer guarantees.

From Hyatt's perspective, any of these can be true or none of it. Accessing the gift card transaction history is the easy part. Determining who to make whole (if applicable) is the hard part.

Taking someone here to small claims is a shot in the dark. Kalboz does't even know who the guilty party is except it is not Kalboz.

Last edited by seawolf; Aug 23, 16 at 3:56 pm
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