Kate Spade store offering 250x Avios per $1 in US Portal [now ended]
#31




Join Date: Apr 2001
Location: AA EXP LT - Latam Platinum LT - Bonvoy Titanium LT
Posts: 260
No, I ordered based on the offer of 250 avios per dollar spent. Since the offer wasnt fulfilled its fraud and that would be the basis for the charge back.
#32


Join Date: Aug 2018
Location: Chicago
Posts: 514
I bought four necklaces at $250 each. My order was confirmed last night, but I just got an email saying I was only charged for one necklace instead of four. It looks like my order quantity was changed from four to one. Im not sure if this is because of the BA offer or if they might be out of stock.
#33


Join Date: Feb 2012
Location: London
Programs: Sir Ratechaser Seigneur de la Patience d'un Saint (Mucci), BA Gold, ITA Volare Executive
Posts: 3,825
So forget it. You won't get anywhere with chargeback, no matter what rationalisation you attempt here.
#34




Join Date: Apr 2001
Location: AA EXP LT - Latam Platinum LT - Bonvoy Titanium LT
Posts: 260
so youre saying Kate Spade wasnt involved in anyway shape or form with the promotion? They are a party to the offer.,
#35
Original Poster


Join Date: Mar 2011
Location: New York, NY
Programs: AA ExPl, BA Gold, DL Gold, Hyatt Globalist, Marriott Lifetime Platinum, probably some others
Posts: 4,922
You ordered a bunch of items and got the items for the price listed. Any sort of Avios situation with a portal is not going to involve AMEX whatsoever from their perspective. You can keep saying that not getting the Avios would constitute fraud, but I'm just warning you that you won't win your chargeback.
#36


Join Date: Nov 2023
Programs: BA: AF/KL
Posts: 1,498
Oh dear. I suspect you are not a lawyer. Before you work yourself into a lather, might I suggest you consult one before you invest a lot of time and effort in this folly. You knew exactly what you were doing. If you don't want the goods, cancel your order and move on with your life.
#37


Join Date: Sep 2019
Location: NYC, SEA
Programs: Hyatt Glob, AA EXP, BA Silver
Posts: 1,015
the offer was a material component of the inducement for the transaction. like just about everything in law there are no guaranteed outcomes, but of course a party has exposure w/r/t the conduct of its referral agent; the idea that there's no relationship between the two and BA is just unilaterailly forking over miles to its members out of its own love and goodwill for Kate Spade is kinda bonkers
#38
Original Poster


Join Date: Mar 2011
Location: New York, NY
Programs: AA ExPl, BA Gold, DL Gold, Hyatt Globalist, Marriott Lifetime Platinum, probably some others
Posts: 4,922
the offer was a material component of the inducement for the transaction. like just about everything in law there are no guaranteed outcomes, but of course a party has exposure w/r/t the conduct of its referral agent; the idea that there's no relationship between the two and BA is just unilaterailly forking over miles to its members out of its own love and goodwill for Kate Spade is kinda bonkers
#39




Join Date: Dec 2012
Location: Phoenix, AZ
Programs: Starwood Gold, Hilton Gold, Mariott Gold, AMEX Plat, US CP
Posts: 331
This misses the point. The idea that AMEX should or will care about the inducement of the transaction is the issue. The poster would have to try to pursue some some sort of recompense with the portal, but never in a million, billion years is AMEX going to let him have his items for free because the portal didn't pay out what the poster was expecting, any more than you would be able to chargeback an airline ticket because you didn't earn as many miles as you were expecting.
#40


Join Date: Sep 2019
Location: NYC, SEA
Programs: Hyatt Glob, AA EXP, BA Silver
Posts: 1,015
This misses the point. The idea that AMEX should or will care about the inducement of the transaction is the issue. The poster would have to try to pursue some some sort of recompense with the portal, but never in a million, billion years is AMEX going to let him have his items for free because the portal didn't pay out what the poster was expecting, any more than you would be able to chargeback an airline ticket because you didn't earn as many miles as you were expecting.
whether Amex will back a dispute on this basis is anyone's guess. they often go further than contract or consumer protection law would go; i've won countless disputes for which i would not have had a viable cause of action in the courts. your certainty is misplaced.
#41
Original Poster


Join Date: Mar 2011
Location: New York, NY
Programs: AA ExPl, BA Gold, DL Gold, Hyatt Globalist, Marriott Lifetime Platinum, probably some others
Posts: 4,922
Frivolous chargebacks because "major corporations have to respond to the chargeback and newsflash, they don't" is a great way to have your credit cards closed.
#42
Original Poster


Join Date: Mar 2011
Location: New York, NY
Programs: AA ExPl, BA Gold, DL Gold, Hyatt Globalist, Marriott Lifetime Platinum, probably some others
Posts: 4,922
i was addressing specifically the claim that BA is some unrelated third party for which Kate Spade has no responsibility. that's incorrect.
whether Amex will back a dispute on this basis is anyone's guess. they often go further than contract or consumer protection law would go; i've won countless disputes for which i would not have had a viable cause of action in the courts. your certainty is misplaced.
whether Amex will back a dispute on this basis is anyone's guess. they often go further than contract or consumer protection law would go; i've won countless disputes for which i would not have had a viable cause of action in the courts. your certainty is misplaced.
#43




Join Date: Dec 2012
Location: Phoenix, AZ
Programs: Starwood Gold, Hilton Gold, Mariott Gold, AMEX Plat, US CP
Posts: 331
Why would the CC company care? They aren't out a dime, its gets reversed and they don't pay kate spade or whoever, but they arent out any money.
Now there are a few ones that there is lots of documentation if you do a chargeback you will be blacklisted, the biggest one is hertz, if you chargeback hertz for any reason they will ban you from renting with them.
#44


Join Date: Sep 2019
Location: NYC, SEA
Programs: Hyatt Glob, AA EXP, BA Silver
Posts: 1,015
I'm glad that's been the case for you. I know enough about AMEX, having worked for them, that this sort of dispute would be an easy win for Kate Spade. The poster's argument would be laughed at by AMEX. They may have some ability to stake a claim against the portal, but that's not going to be through a chargeback.



