Earlier quoted context omitted.
Isn't that fraud though.
I'm not a lawyer (nor an expert on payments) but generally it doesn't seem to have any element of fraud - it's collecting payment for services fairly rendered via the credit card account provided by the customer. Fraud would involve some kind of intentional deception. If their was fraud, you could get a chargeback, and I don't see that happening very often.
Guessing the new expiry date in order to exact a payment is taking an unauthorised payment. It can't be authorised because the card-holder can't authorise payments beyond the expiry date.
Taking a payment that isn't authorised by the card-holder by guessing some of the details of a card against the expectations of the card-holder appears to be fraudulent to me.