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I'm having a hard time understanding the context of the question as well.
The new card no longer holds payments. The reason being is because my boyfriend was trying to get out of a scandalous business deal and put a card that no longer has money on it so it wouldn’t be charged. The reason being is because my boyfriend knew the guy was going to try and charge him a monthly fee even though the he left the business deal even before the month being up. The scandalous business person then looked up my boyfriends old card credit card history and charged it
^ story explained
Even though he left before the month was up
There is a lot of grey area here. If there was an auto-renewal / recurring payments agreement in place. Then the guy can charge the old card. Now, your boyfriend can also get into trouble for using a CC that has no money to avoid payment. What your boyfriend needs to do is contact the guy and tell him to stop taking payments of the card ( email for evidence) and then he can contact his credit card bank to report any unauthorized payments if the guy continues to charge the card in the future.
The answer to the question is no, it's not credit card fraud. A vendor or provider may freely go back and charge any card it has record of if the card on file has past its expiration date, or has insufficient credit or funds to complete the transaction as long as the charge is valid. While the business deal may be shady or "scandalous," it may be perfectly legal (you don't provide any details so I'm guessing here). It would all depend on what agreement your boyfriend entered into and the terms and conditions. Best he can do is dispute the charge with the credit card issuer, which credits the money back to his card at least until it's resolved. That forces the vendor/provider to produce the necessary documentation to validate the charge, and if it's legit (even though shady) it doesn't fall in his favor. In any case, I'd cancel the credit cards used with the vendor and get new ones issued.
Oh I missed a detail here. He left this place at the end of December. (27th) it’s a month to month payment so he was charged December payment December 9th. He was no longer at the gym (January) when he (today) got charged January payment
Just dispute the charge with the merchant first and get a credit. If the gym doesn't want to do it, then dispute the charge with the credit card company. Whether it holds up depends on what he signed up to with the gym.
He had a month to month contract with the gym. He was renting out part of the gym. He paid the December payment December 9th and then they tried to charge him a January payment even though he hasn’t been present there since December
Sounds like he needs to work it out and resolve it with the gym.
Your boyfriend needs to ( in writing) cancel whatever arrangement he has with the gym. When he does that , he can report the gym if they take another payment (next month) .
He ended up giving back the money. That fraudulent business owner was wrong and he knew it
Glad it got resolved.