But DO the charge back in this case as it is CoinBase's fault, they failed to deliver. This delay clears the path to one simple understanding, these guys don't know what they are doing and have no understanding of the laws they are governed by.
I had written a few posts explaining this on the other thread, that could be referred to:
[0] https://news.ycombinator.com/item?id=6931647
[1] https://news.ycombinator.com/item?id=6930863
[2] https://news.ycombinator.com/item?id=6930591
[3] https://news.ycombinator.com/item?id=6930100
[4] https://news.ycombinator.com/item?id=6930065
edit: grammar
Fraud:
(1) a false statement of a material fact,
(2) knowledge on the part of the defendant that the statement is untrue,
(3) intent on the part of the defendant to deceive the alleged victim,
(4) justifiable reliance by the alleged victim on the statement, and
(5) injury to the alleged victim as a result.
The attempt at buying coins on coinbase while selling coins outside of coinbase, then if the coin price falls… If Coinbase doesn’t deliver the coins according to their TOS and you say to the bank that you want to do an ACH chargeback due to them not delivering, it doesn’t fit the definition of fraud in multiple ways:
The statement you would make to the bank would be: “Coinbase did not deliver the coins based on their TOS so I request my money to be sent back to me via ACH chargeback and if they do send the coins, I will send them back to Coinbase”
1) it isn’t a false statement
2) doesn’t apply since it isn’t a false statement
3) not deceiving anyone
4) they are relying on it, but it isn’t false
5) no one is injured since Coinbase waited to fulfill the transaction, they can just resell the coins at the current market price, assuming they are able to actually sell coins.
If you only consider the chargeback in the case that they honestly failed to live up to the terms of service, then I will agree that it doesn't sound like fraud. It's still kind of slimy, though.
I imagine Coinbase would just cancel your account pretty quickly.