Big4Flyer

I applied for a targeted 100k Platinum, not the leaked offer, and I've had my points frozen. From what I've heard though, the freeze has only applied to the Platinum, not any of the other cards.

mia

How did you receive the offer?

durberville

I've received a number of private messages asking about my arbitration claim. I submitted the arbitration claim to the address noted in the Card Agreement. I was in contact with JAMS for mediation. Before a mediator was selected, but after AMEX received the notice (within a week), the points were re-added to the account and unfrozen. I told JAMS to close the file. I never received any communication from AMEX.

Surface Interval

Many thanks for posting!

Has anybody had an AMEX account closed due to filing arbitration?

juergenritz

just sent the claim notice to Amex , lets see.....

nomii

You need to file a mediation notice on jams website within 30 days of sending that claim notice.

sexykitten7

Presumably you only have to do that if you intend to mediate/arbitrate, right?

Is there a legal requirement to follow through after threatening AAA/JAMS?

g8trgr8t

I was given the bonus even though I had previously held the card in the last two years. Upon review they clawed the points back even though they were the ones that sent me the targeted offer.

Is there any point in filing for arbitration on the hope that they would rather give me the points than spend the $$ required for arbitration?

Any data points on getting blacklisted by AMEX after filing for arbitration?

maygarish

You signed up using a targeted mail offer sent to you with no once in a lifetime provision?

When did you sign up?

When did they claw back?

You met the spend with MS or legit spend?

How did you use the airline credits?

Did you cancel the card soon after receiving it?

Was the reason for the clawback reported to be the fact that you'd previously received the bonus?

g8trgr8t

offer appeared in my amex account. sm'd and asked if I qualified and they said yes. it did have language

signed up in May

claw back occurred last week

all legit spend. over $4k

used credits through MPX app for amazon cards

downgraded card in September to gold because I also had recently secured 75k MB Platinum and I had platinum benefits that way. shortly after downgrade, another platinum personal offer appeared in my amex offers when I logged in to my amex account

clawback reason given was due to having had card before. rep said that marketing sent out the offer and that they had no control over marketing and that marketing doesn't check to see if you qualify. CSR said that SM stating that I was eligible was in error.

points still frozen after clawback from personal platinum, amex said they are reviewing MB platinum spend, which was over $4k in legit spend in the first month

devnull

Arbitrate. Amex has in their possession the records of who previously held which card(s). You say you received a targeted offer within your Amex online account, and confirmed with an Amex representative that you were eligible for the offer despite having previously held a card. Furthermore, this was an offer in your Amex online account. This means Amex had all your personal information, including SSN, readily available, and could easily use that information to verify your eligibility before sending you the offer. This wasn't some bulk marketing list with only a few details, where Amex could try to say "we didn't have enough information (like SSN) to verify one's eligibility." If Amex's left hand doesn't communicate with the right hand, that shouldn't be your problem. This sounds to me like an unfair and deceptive practice, and that's the argument I would use if I were in your position.

A basic JAMS arbitration can cost upwards of $20k, and you should read the JAMS Consumer Minimum Standards regarding who is responsible for those fees. You're presumably seeking 100,000 MR, which I doubt costs Amex more than $1,500 even if transferred to an airline partner (and this probably overstates the cost). My non-lawyer opinion is that Amex's position is untenable. Do you think they want to spend $20k+ arbitrating a shaky (on their end) case, or pay you ~$1k worth of points to make this go away?

Also, given how egregious Amex's behavior appears to be, I'd be inclined to push the envelope on damages, if I were in your position. Check your state's UDAP law to see if you'd have a reasonable basis to ask for more.

Surface Interval

Keep in mind that AMEX can close your accounts for any reason should they decide that you are no longer a worthy client. How much do you value your relationship with AMEX?

g8trgr8t

that is a consideration but it seems like that would be illegal if they use the threat of blacklisting to punish those seeking arbitration. I think I have held every personal and business card that they offer so unless they change the 1x rule or offer some new products I don't see any bonus opportunities coming out of amex. I do like my SPG points though.

Big4Flyer

Sent out Notice of Claim 10/30, just received an email last weekend that my dispute has been received and is being investigated. I called to discuss the status of the dispute and to to get an idea of how long it would take to be resolved. I was told that I would be informed within 30 days. Too bad the BA transfer bonus ends today.

The best part is that at the end of the call, the representative asked, "before we end our call, would you like to consider adding any authorized users to your account so that you can earn rewards from their purchases?" No thanks, I think I'd like access to the points I already have before I try to earn any more.

devnull

Sure. The choice would be easy for me, but I can understand others may come to a different calculation.

Keep in mind that the claim notice isn't a magic form that gets you a check. You are notifying them of a legal dispute you have with them and giving them an opportunity to discuss a settlement with you. Every reasonable litigant hopes to settle and avoid costly litigation (or in this case, arbitration), but you need to be prepared and willing to follow the case through to a conclusion. I would suggest not contacting them again except in response to a communication from them that appears conducive to a settlement. Doing so makes you appear eager to settle, and also makes it appear that you have no intention of actually following through to arbitration if necessary and are just hoping the threat results in a quick check. Such an appearance is likely to result in a worse outcome for you.