Editing to add: One avenue that would probably work fairly well would be to get a lawyer to send a mean letter to Meta's general counsel. $40k is enough money to make the hourly rate worth it, and an attorney will be happy to help further if Meta tries to be punitive.
This 100%.
Why not? Why can't they just add something to their merchant agreements to the effect of "if a customer files a chargeback that's resolved in their favor, you may not retaliate against them in any way"?
As I think someone else mentioned, that would be a no brainer if you had no expectation of every doing business with them again but I wouldn't do that in this case.
Chargebacks are not as powerful as you think. Do enough and you won’t win anymore regardless of how right you are. Uber, Amazon, Google, etc will straight up ban people who do chargebacks with no recourse.
Sucks to say it but having to double-pay this invoice may still be a better scenario than having the business fully banned from Meta Ads.
I get that there’s a real risk here that you could wind up out another $40k at the end of the day and your problem still isn’t solved, but if losing access to the Meta market is as fundamental a risk to the business as I took away from the post, then it seems to me like job one is to ensure that the business survives and that the (admittedly unpleasant) process of getting trued-up on the $40k is exactly the kind of thing that your lawyer is for.
(source: patio11 has mentioned more than once holding a handful of shares in companies he's a customer of to make him eligible to use that approach)
I'm not an expert on finances at all, but I'd pay using the old method, then chargeback. If they then cancel your account, they'd have to repay the new payment too, and I think someone there would start wondering why the hell they're cancelling you then.
EDIT: I would strongly recommend you don’t do a chargeback and fix it some other way. It took me almost 200 days for Meta to restore my account and I was still out the money. If you need that account don’t charge back.
The issue arises when there is no other merchant, in other words - when there is a monopoly, or something close to it.
Which is exactly the case with Meta. That's the issue. If you are in U.S., please ask your representatives to take some anti-trust action and split this company once and for all.
I'd use the payment method you used before, because that always worked, and then chargeback the old payment that clearly didn't work. How are they going to side with Facebook when you've got all that documentation that they don't recognise that payment?