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Old May 30, 2012, 11:58 am
  #31  
 
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It appears from what you said that the contract had a "no cancellation" clause. That being the case, their position would appear to be that your attempt at cancellation had no effect, even if made in writing.

It would appear that a very important point, which has not been addressed, is whether they actually performed per the contract. If they provided rooms for you (even if they sat vacant because you failed to use them), it would seem that they performed under the contract, and that you agreed to the terms including the price, prepayment, and no cancellation clauses. The contract also probably has an "this is the entire agreement, with no oral modifications" clause that you agreed to which would render what they said on the phone moot.

If the above is all true, then I can see how this is a problem. From Amex's point of view, they have a copy of contract provided to them by the vendor that you signed that clearly spells out the terms and conditions, and where the vendor performed as stipulated, and where your only reason to want out of the "no cancellation" contract is based on something you claim they said on the phone. Note that I'm not doubting that it happened exactly as you claimed it it - just consider what I've said above with respect to Amex's position.
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Old May 30, 2012, 2:03 pm
  #32  
 
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Yes - you have stated their position correctly

With a couple of exceptions - one - I cancelled in writing immediately. Second, I asked AMEX immediately not to accept the charges. (Within hours) Third, this deceptive practice by this same company has been brought to AMEX's attention in the past.

So, from a legal standpoint, I am sure that they can point to the cancellation clause. BTW, according to a copy of a credit memo, that I received from AMEX, not the vendor, the rooms were canceled and I was given a 75% credit for booking future rooms up to 180 days from the original booking, unfortunately, this credit was not communicated to me. But, the credit expired the same day that the AMEX letter arrived to inform me that they had reversed their position. Apparently the vendor knows how long it takes AMEX to process these disputes and takes advantage of that or even worse, AMEX knows that too and just doesn't care or worse??

All along the AMEX representatives assured me that the charge would be credited, and by the time they reversed their initial decision,6 months later, it was too late to receive any benefit from the original transaction.

Does AMEX have any to obligation to refrain from doing business with unscrupulous vendors? When they are made aware of their practices multiple times? I am not sure what the law is in regards to that.
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Old May 30, 2012, 4:37 pm
  #33  
 
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Originally Posted by Kuboscott
I cancelled in writing immediately.
If the contract stated "no cancellations" then I don't think the timing of your cancellation is relevant, unless there's some state statute that covered the situation (such as door-to-door sales often having a mandatory 72-hour cancellation ability in many states).

Also, if you agreed in writing to have the cost of the contract charged to your Amex account, I don't think any instructions to the contrary to Amex have any effect, even if they were delivered to Amex prior to the charge posting. Merchants need to be able to rely on signatures on charge slips and otherwise as being binding on the charge, assuming goods/services are delivered as promised.

BTW, according to a copy of a credit memo, that I received from AMEX, not the vendor, the rooms were canceled and I was given a 75% credit for booking future rooms up to 180 days from the original booking, unfortunately, this credit was not communicated to me.
Was this perhaps part of the original contract?

Does AMEX have any to obligation to refrain from doing business with unscrupulous vendors?
I guess it depends on how you define unscrupulous. From everything you've described, the vendor did everything that they said they were going to do and completely fulfilled their side of the contract. The only part that's off is how you claim that they represented themselves at the beginning of the call. The vendor's standpoint is going to be that they clearly described all of the terms and conditions to you in writing, you agreed to them, signed the contract and returned it to them, then decided after the fact that you wanted to back out. Isn't that unscrupulous?

Please realize that I'm on your side. I think what the merchant did stinks. But when things go into dispute, they tend to get resolved in a certain way. You'd certainly be very upset if they were the ones that violated the terms of the contract, you submitted the paperwork to Amex, but Amex ruled in favor of them based on something outside of the contract that they claim you told them verbally. You'd be jumping up and down screaming "But I have a contract! They agreed in writing!" and would be incredulous that Amex didn't take your side.

As an aside, I'm currently involved in a situation on the other ends of things. I'm trying to get a merchant account approved by a certain card processor, and they want to see all of the terms and conditions that I plan to offer to customers, and won't allow certain things. For example, they won't allow me to offer a "free trial and then you get charged automatically if not canceled" kind of offer. Even if things are very clearly spelled out up front and not hidden in fine print, where it's clear that the customer knows what they are agreeing to, the processor says that this kind of offer in their experience generates a large number of chargebacks, and they don't want to deal with it. So yes, there are processors out there that care about such things and will refuse to do business with certain merchants.
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Old Jun 4, 2012, 8:42 am
  #34  
 
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I understand the contract stuff. And also Caveat Emptor. But courts can also decided that practices of certain vendors are deceptive and that the terms of the contract are designed to do exactly what the vendor did to me.
I will appeal and then if I do not feel justice was served, I will file a complaint with the Attorney General's office in the State of New York. At least this may help some future victims.

Oh, by the way, I have never pursued a complaint like this.

Last edited by mia; Jun 4, 2012 at 8:48 am
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Old Jun 4, 2012, 9:54 am
  #35  
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Originally Posted by Kuboscott
I understand the contract stuff. And also Caveat Emptor. But courts can also decided that practices of certain vendors are deceptive and that the terms of the contract are designed to do exactly what the vendor did to me.
I will appeal and then if I do not feel justice was served, I will file a complaint with the Attorney General's office in the State of New York. At least this may help some future victims.

Oh, by the way, I have never pursued a complaint like this.
1. There's nothing to appeal. An attempted chargeback is just a simple way to resolve disputes outside the legal system.

2. If the chargeback doesn't work, you are free to file complaints or bring a lawsuit if you think that it will help. But, understand that Amex is the most consumer-friendly of the CC issuers, so it doesn't get better elsewhere.

3. Some of the complaints on this thread are from business card holders. There are a totally different set of laws and standards for businesses vs. consumers. There's no such thing as "fine print." Businesses are expected to read and review written contracts and the failure to do so is at their peril.
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Old Jun 4, 2012, 9:55 am
  #36  
 
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The people defending Amex are doing so with rose colored glasses. I have been on both sides of the dispute, I used to work for Citibank and I am an Amex plat card holder and I was shocked with how poorly Amex represented its customers in disputes.

In my experience, I finally resolved it, with much much more legwork then necessary. My wife ordered some stuff over the telephone, via an automated system (which I wasn't a big fan of). However, she ordered the product advertised. At the final confirmation menu after she entered her card number, it tacked on the item twice and some other services which she did not sign up for. She tried to transfer to a customer service agent, however she just got an automated "goodbye." She tried to call many times with no success, and we googled the company with the same scam happening many times. Of course, I told her not to worry, you put it on your Amex plat, they will work it out. They told us wait for the billing and to resolve the issue. We did, we had a lot more charges then we authorized, and disputed. We now found a number in our shipping to talk to a human in the system. We called the vendor, and the human basically stonewalled us, and told us we could return the items, but there would be a return fee. the return fee was more than the cost of the items! (it was like $60 bucks per item). So we opened a dispute with Amex.

Same process, dispute, taken off. Then amex reversed it, and said they sent proof of the charge. They sent it, and the only thing they had was a poorly printed out e-mail from the vendor with an itemized list of fradulent charges. No signature, no voice verification, no CVV. I had to go through multiple calls, fortunately because of my diligence and documentation Amex took the charges off and I mailed the product back.

In the end the work involved was waaaay more than Citi ever required. And I felt like amex was never on my side.

Amex does not side with the customer in these matters, and its soured my view of them as a card issuer.
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Old Jun 4, 2012, 11:36 am
  #37  
 
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Originally Posted by wesleywillis
The people defending Amex are doing so with rose colored glasses.
Just because I've had different experiences than yours doesn't mean I'm Pollyanna about Amex. I run through hundreds of thousands of dollars per year across all Amex products (business & personal) in spend. I've been with them a very long time, and they've always stood by me with regard to chargebacks/disputed charges. Sometimes its a $50 charge, sometimes a $5000 one. I've always been quite happy with the resolution.

I don't need to denegrate your point of view to establish mine. You should think about trying to do the same.
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Old Jun 4, 2012, 5:36 pm
  #38  
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Originally Posted by Ritz
Just because I've had different experiences than yours doesn't mean I'm Pollyanna about Amex. I run through hundreds of thousands of dollars per year across all Amex products (business & personal) in spend. I've been with them a very long time, and they've always stood by me with regard to chargebacks/disputed charges. Sometimes its a $50 charge, sometimes a $5000 one. I've always been quite happy with the resolution.

I don't need to denegrate your point of view to establish mine. You should think about trying to do the same.
+1 - Your experience has been my experience. But, that's just two of us. Wrong for somebody else to tell us we're wrong when he has no idea how we've been treated.
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Old Jun 4, 2012, 7:16 pm
  #39  
 
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Originally Posted by Ritz
Just because I've had different experiences than yours doesn't mean I'm Pollyanna about Amex. I run through hundreds of thousands of dollars per year across all Amex products (business & personal) in spend. I've been with them a very long time, and they've always stood by me with regard to chargebacks/disputed charges. Sometimes its a $50 charge, sometimes a $5000 one. I've always been quite happy with the resolution.

I don't need to denegrate your point of view to establish mine. You should think about trying to do the same.
+2 - so that makes three of us . And I'm sure there are many more who are happy with the way Amex resolves their disputes....
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Old Jun 20, 2013, 4:30 pm
  #40  
 
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Disputed Charge American Express

All, sorry to resurrect this post again. I have a disputed charge with American Express and I am actually surprised as to how in favor of the merchant they are. I have rarely disputed charges and usually they are pretty good at working with me.

The situation is that I purchased disney tickets through a vendor over the phone and when I went to disney the tickets were not there. I tried to work things out with the vendor but the vendor said the tickets were there but disney couldn't find them. I ended up purchasing the tickets at full price at disney since the tickets were not there. Also to add the vendor was closed on SUnday.

I tried to work with the vendor but basically they said its not our problem and were very rude.

SO I opened the dispute with american express and the first time around they ruled in the vendor's favor. They did NOT read my detailed documentation I had uploaded to their site. I reopened the dispute and spoke to 2 customer service reps who really did not seem too helpful.

1. I am shocked at how difficult this has been especially since I have been an Amex member since the 1990's

2. This seems like an easy issue since I didnt get the merchandise and I had to repurchase it.

Any advice on how to handle it? I have been polite so far, but my patience is thin given that I might be out $1200+.

Thank you.
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Old Jun 20, 2013, 4:59 pm
  #41  
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I have found exactly the contrary. Amex is almost always favorable to me on serious disputes, but it does give the merchant an opportunity to document its case. It is possible that the merchant did document the delivery to Disney and that Disney did screw up.

Rather than fighting about this, why not call Amex and ask them if they have merchant documentation? If that is the case, you can use that documentation to open a dispute for the $1,200 you spent with Disney when Disney had your tickets.

Last edited by Often1; Jun 20, 2013 at 5:15 pm
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Old Jun 25, 2013, 4:53 pm
  #42  
 
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Hi.-

First of all sorry for my bad english.- I have an AMEX Centurion ICC.

I have 2 experiences with the Fraud department at AMEX, both were positive for me.

Last year I went with some friends to vegas (I am from Montevideo Uruguay) and one night we went to Luxor as our plan was to went to LAX NightClub. Before getting into the club a person come from CatHouse (other night club at luxor than now is closed) asking if we want to visit that place instead of LAX.-

We told him that we prefer LAX and he saw me to open my wallet to take some cash for the entrance ticket and saw my Amex Centurion, on that moment he told me to wait for his boss and finally he came.

He told me that he would like to invite us to the nightclub (me and my 5 friends) give use a free table on the VIP and a free bottle of champagne... and we say yes...! we were little drunk and I didnt realize he kept my card on hand, ask for some security guys and the escort us to the table.

Once there he give the card to the lady that will serve us all night, and she told me that would need to keep it safe for all the needed charges.

3 hours later she take us the ticker and a I sign it... 1500 USD.

I dont like to show my card anywhere, so I always pay with my Gold or Plat, only in few places I use my centurion... in vegas I never use it.. only at CatHouse.

I arrive 10 days later to Montevideo, to my home... and I check all the expenses of the travel, and start to see this...

10 charges at HOME Depot
3 Charges at Lowes
5 charges at pharmacy CVS
and 15 to a grocery store....

I couldnt belive it .. it was over 7000 USD! I called amex team and told that some charges were on my card, and they should block it as they were very recent charges. The customer service representative told me that some store do manual charges to card and they might confuse my card with another customer card.. and I say they are over 30 charges!!! He told me to wait and a fraud experto answer my call.-

I tell him the complete story, and he says "Sir I will solve everything and I will put a temporary credit for all the charges done on your card", I was told also that if all goes ok he will never contact me again, and the temporary credit will be a final credit.

All the charges were done with a cloned card of my Centurion plastic, not from the green or gold or plat of the same account.-

I call a week later to see if they know anything about the situation, any news... and they told me that they never update of anything to customers.

I never got a call, email, fax, letter regarding this.. and all was solved with the credit.-

on a next post I will put my second experience that was also solved by amex team.

sorry for my bad english.
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Old Jul 6, 2013, 10:05 am
  #43  
 
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Originally Posted by cyberaver
Hi.-

First of all sorry for my bad english.- I have an AMEX Centurion ICC.

I have 2 experiences with the Fraud department at AMEX, both were positive for me.

Last year I went with some friends to vegas (I am from Montevideo Uruguay) and one night we went to Luxor as our plan was to went to LAX NightClub. Before getting into the club a person come from CatHouse (other night club at luxor than now is closed) asking if we want to visit that place instead of LAX.-

We told him that we prefer LAX and he saw me to open my wallet to take some cash for the entrance ticket and saw my Amex Centurion, on that moment he told me to wait for his boss and finally he came.

He told me that he would like to invite us to the nightclub (me and my 5 friends) give use a free table on the VIP and a free bottle of champagne... and we say yes...! we were little drunk and I didnt realize he kept my card on hand, ask for some security guys and the escort us to the table.

Once there he give the card to the lady that will serve us all night, and she told me that would need to keep it safe for all the needed charges.

3 hours later she take us the ticker and a I sign it... 1500 USD.

I dont like to show my card anywhere, so I always pay with my Gold or Plat, only in few places I use my centurion... in vegas I never use it.. only at CatHouse.

I arrive 10 days later to Montevideo, to my home... and I check all the expenses of the travel, and start to see this...

10 charges at HOME Depot
3 Charges at Lowes
5 charges at pharmacy CVS
and 15 to a grocery store....

I couldnt belive it .. it was over 7000 USD! I called amex team and told that some charges were on my card, and they should block it as they were very recent charges. The customer service representative told me that some store do manual charges to card and they might confuse my card with another customer card.. and I say they are over 30 charges!!! He told me to wait and a fraud experto answer my call.-

I tell him the complete story, and he says "Sir I will solve everything and I will put a temporary credit for all the charges done on your card", I was told also that if all goes ok he will never contact me again, and the temporary credit will be a final credit.

All the charges were done with a cloned card of my Centurion plastic, not from the green or gold or plat of the same account.-

I call a week later to see if they know anything about the situation, any news... and they told me that they never update of anything to customers.

I never got a call, email, fax, letter regarding this.. and all was solved with the credit.-

on a next post I will put my second experience that was also solved by amex team.

sorry for my bad english.
Thanks for the update cyberaver. I have had an communication with AMEX Fraud Dept., that turned out well. Seems I did the same as you, I called to ask about what happend? they noted all was in order, and they have provided credit to the account..

By the way, your English is very good. Espere hasta que escuche que hable espaņol ..

Thanks and Safe Travels

Last edited by Flying Machine; Jul 6, 2013 at 11:05 am
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Old Jul 6, 2013, 10:37 am
  #44  
 
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Wow I'm shocked to hear this.
I've personally shifted 99% of my spending to other cards. Sometimes I think maybe I should use AMEX for certain transactions - just in case things don't go the way it should as I've always thought AMEX represented hassle free customer service and protection beyond other cards. However, clearly in this case not even a shred of common sense was exercised.

Makes me very happy about my shift to other cards - one that I should have done even earlier than I did.
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Old Sep 2, 2013, 1:08 am
  #45  
 
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My Amex dispute

I've been a loyal Amex member since 1999 and I'm currently disputing a charge on my Amex bill. You'll find this story interesting and can learn from my mistakes. In June 2013 I flew to the Dominican Republic after corresponding with a dentist there who offered great prices to have 16 veneers done on my teeth. The dental office seemed legit and I made sure he had all the proper dental credentials before flying there. Well, those dental credentials don't count for much. He put the 16 veneers on and I paid him the remaining balance---$3840---with my Amex. I flew back home thinking he'd done a good job. Within seven days the first veneer popped off when I bit into an egg roll. I tried to keep a positive attitude and hoped it was simply a one-time glitch. Within a month, 4 other veneers popped off. It became a weekly occurence. I wracked up over $400 in charges with 4 different local dentist just having the defective veneers temporarily reattached. I consulted with a local dentist who specializes in cosmetic dentistry and he explained that the reason the veneers kept popping off was that the dentist in the Dominican Republic overly contoured my teeth. You only need to shave the teeth down a millimeter or less for veneers. The dentist in the Domincan Republic got a bit crazy with the drill and filed 16 of my teeth down to jagged little nubs. There wasn't enough tooth left for the veneers to properly bond to.

I've had to spend twenty thousand dollars here in America to have 16 new veneers made. Due to there being so little tooth surface left, most of the teeth are not normal veneers. Some are crowns. Some are 3/4 crowns. I had no choice but to spend the 20k. It was impossible to go on with my teeth popping off on a weekly basis. So learn from my mistake. DO NOT FALL FOR CHEAP COSMETIC DENTISTRY. You get what you pay for.

Now, here's where Amex comes in. I disputed the $3840 I paid to the Dominican dentist. I told Amex that if they needed any documentation or receipts from the 4 different American dentists I've seen since returning home I would happily provide it. They said they'd let me know if they needed it, and then went right ahead and put the charge back on because the Dominican dentist submitted proof I made the charge. There was never any question that I made the charge. The problem is that I did not get what I paid for. I paid over $3840 for 16 veneers. Instead, I got a horribly botched job that has put me deep in debt to repair. The Dominican dentist also made the farcical claim that he gave me "special instructions" for maintaining the veneers and I failed to follow the instructions. This is absurd. There are no "special instructions" for caring for veneers. You treat them like normal teeth. It's like having a filling done. There's no "special instructions" for maintaining a filling, and neither are there for veneers. Even if there was such a thing, how would the Dominican dentist know I hadn't done it?

I am adamantly opposed to allowing this quack dentist to profit from the dental disaster he gave me. The dispute is re-opened and hopefully Amex does the right thing. This is causing me incredible stress.
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