American Express Membership Rewards - How does Amex guarantee work?

A few days ago I was in FLL, went to the Sawgrass Mills Mall, and bought an unlocked Motorola cellphone from a large kiosk. I saw that it had some Chinese writing when you turned it on, but the salesman assured me that everything else was in English (and even showed me some English inside).

When I got back to my hotel and put my Israeli SIM card in it, I found two things:

1. Some of the instructions were still in Chinese and could not be changed.
2. Messages sent to me in Hebrew letters could not be read at all.

As I had to fly out to BOS the next day, I did not go back to the kiosk and when today I brought it into two shops which repair phones. I asked them both to take out the Chinese software, replace it with English, and allow it to accept Hebrew messages.

Both gave me the same answer: They could do it if it were a real Motorola, but this one was a knock-off.

I called Amex, gave them the details, and they said they would take the charge off of my bill pending an investigation with the merchant. Okay, I am 100% certain that the merchant is not going to say, "Yup, I sell knock-offs". He will undoubtedly swear that I got the real thing and am trying to rip him off.

The phone certainly can not be covered by Amex's theft protection because it was not stolen, Nor can it be covered by the extended guarantee because Motorola does not guarantee anything it hasn't produced itself.

How can Amex be certain enough that I am telling the truth to cancel the charge? Will it generally take the cardholder's word or the merchant's in a dispute like this?

If the merchant is selling counterfiet goods I expect the chargeback would not be contested.

Here are some other remedies...

Report Counterfeit Activity

Motorola has put together a comprehensive and aggressive program to combat fake products, including specific product aspects, legal actions, cooperation with governmental authorities and customer service and customer education. We are establishing unique identification and test procedures to quickly identify these products.

If you encounter a suspected fake, please let us know by completing the following form. Be sure to include as much of the following information as possible, using our counterfeit checklist as a guide, if necessary:

http://www.motorola.com/content.jsp?globalObjectId=7713-10943


If you are a consumer and you believe you have been a victim of an unfair and/or deceptive trade practice in Broward County, contact Broward County Permitting, Licensing and Consumer Protection Division at 954-765-4400, Option 8, or send an e-mail to consumer@broward.org. If you prefer, you may download a complaint form from the link below, fill it out, print and sign it, and mail it to our agency at the address at the top of the form.

http://www.broward.org/permittingandlicensing/filingacomplaint.htm

If the chargeback doesn't take, you could try the 90 day return protection.

If the chargeback doesn't take, you could try the 90 day return protection.

I live 6000 miles away from the place I bought it.

I live 6000 miles away from the place I bought it.

So? DK about the terms of return protection where your card was issued, but the US terms don't really take that into account. All you would have to show is that the merchant wouldn't take it back - nothing noted about in-person. I believe all you'd need is a copy of a no return policy (perhaps even one between 30 and 90 days), or an email to that effect from the merchant.

You don't even need proof of the no return policy. When I used the return guarantee earlier this year they asked if I tried to return it to the store. I said that it was outside the permissible window - which it was - and they processed the claim.

You need the original receipt and everything that came in the box, but they'll process it for you. That being said, I'm not sure if mobile phones are excluded in the fine print. I know a lot of things are.

IMHO, no need to get into how use the return protection, 'cause Amex is going to charge back the whole thing. :D

How much money is involved here, anyhow?

Just be prepared to mail the item back to merchant after amex gives you an address which I think they may require. To bad you did not buy one of those mini IPhones. I hear they look really neat but same problem. Also the fake Iphones lack that sensor inside that can tell which way your viewing the phone. Same sessors are use in Nitendo Wii, etc. Not to hijack the thread but what do you call those things that are equivlent to old fashioned gyroscopes? Technology is amazing. Technology that would have been hundreds of thousands in the 1950's now pennies.

IMHO, no need to get into how use the return protection, 'cause Amex is going to charge back the whole thing. :D

How much money is involved here, anyhow?

$233

...not sure if mobile phones are excluded in the fine print...

Alas, phones are excluded...

https://www124.americanexpress.com/cards/benefits/includes/pdf/returnProtection2003.pdf

Alas, phones are excluded...

https://www124.americanexpress.com/cards/benefits/includes/pdf/returnProtection2003.pdf

Is it me, or is the excluded list growing... seems like they add things to the list as people return stuff (we know this happened with books).

I just looked at my Amex account and, oddly enough, the charge for the phone has been reduced from $233 to $6.95. I have no idea of what that sum is for, but I certainly am not going to dispute it.