Consumer complaint received 2019-02-11
Company: AMERICAN EXPRESS COMPANY
State: LA
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement
Sub-issue: Credit card company isn't resolving a dispute about a purchase on your statement

Complaint:
This is regarding a fraudulent charge on my American Express. And although I have supplied AMEX with documented proof that the merchant is a fraud - including a suit filed by the Attorney General of Indiana / and a copy of a news article done on the same company exposing them as frauds for the exact same issue I am having .. AMEX has chosen to side with the fraud/crook and to ignore my pleas for help - not withstanding documented proof that their merchant of a thief - and are forcing me to pay. This a HUGE unfair practice to all that I have talked to. 

I was contacted on XX/XX/2018 - by XXXX XXXX XXXX XXXX. As it turns out - this one of the many names this crook has used. He is the stereotype - gets caught under one name and opens another and continues. XXXX  contacted me by phone soliciting ( I am a XXXX XXXX XXXX ) - for me to be a sponsor of my local girls basketball team for the upcoming season - which was to include my photo/ad being displayed on a 4*6ft banner at the gym - as well as my photo/ad being displayed on each team shirt during actual pay. Their presentation seemed legitimate - and as I am long standing citizen in my local area - it seemed like a great idea to help with our local team and to get exposure within my community. The charge for their solicited service was {$1000.00} - which I paid with my AMEX card. The season was to begin just after the new year ( which I now have found out is part of the scam ) - so I paid my money and awaited the season to start. I did submit - at XXXX 's request - sample artwork for the banners and T-Shirt. And a month or 2 later I received 1 T-Shirt with the basic look of what I was to receive ( which I now know is also part of the scam ) Fast forward to XX/XX/XXXX. I had put in calendar to begin looking forward to the girl 's basketball season. I contacted our girl 's coach to ask if he had seen any of the new informs or banners as I was excited to see the final results. He IMMEDIATELY advised that he knew of the company that had contacted me / BOOST - and they are known in the industry to be con-artists and that the team / school had NO affiliation of agreement with Boost whatsoever. I couldn't believe it. I immediately contacted Boost by phone and email - ALL of which was ignored or unanswered. I have never received any follow up from them since this. 

I did some quick homework - and found out that Boost has operated under NUMEROUS company names over the past few years. They were a subject of a XXXX XXXX news item ( copy of that supplied to AMEX ) regarding their well known fraudulent activity. Boost / et al / and it's owner XXXX XXXX have now been formally sued by the Indiana State Attorney General for the EXACT issue I am having. Apparently AMEX / Visa & Mastercard have been notified that this particular merchant has been identified as a fraud - but apparently best I can find - is that only Visa & Mastercard have terminated / frozen the Boost et al group as fraud - and terminated all of their merchant accounts. - and AMEX has chosen to allow them to continue fraudulently abusing their customers. 

On XX/XX/XXXX / XX/XX/XXXX I also contacted AMEX - and notified them of the issue and of all of the information I had found - I uploaded TO AMEX!!! at their request thru their dispute portal - copies of all the suits as well the actual link to the news item expose done on XXXX et al. The lady I spoke with said that they would handle it and once they received my information it would be reviewed to verify fraud - and they would also contact the merchant. AMEX advised me not to worry and I noticed an instant credit on my account. I " assumed '' ( and we all know what the means ) that AMEX had done the right thing / applied common sense / realized it was documented fraud - as I alerted them to the various state agencies in pursuit of this same company and the matter was closed. 

Well - Last month I received my statement - I noticed AMEX had reversed my credit and was now charging me for this transaction - in spite of the glaringly apparent documented proof that their merchant is a crook. AMEX 's reason to me was QUOTE - " we contacted the merchant and he didn't answer '' UNQUOTE - that's it. How odd that crook didn't return their calls and give my {$1000.00} back. I asked them what in the actual **** that meant. The few people I could get to talk to me in any detail would say nothing other than .. and finally after my anger level growing the last rep I talked ( who said he would have a supervisor call me in within 72 hours - and WHO NEVER DID ) told me the wrinkle - and how this is how the thief / Boost operates. He told me QUOTE - " since the charge went 2 billing cycles with out dispute - I am libel for the charge - even though all parties are fully aware it's fraud '' UNQUOTE. I couldn't believe it - AMEX basically told me yes they know it's a fraudualent charge but 60 days protectes THEM AND NOT ME - I AM THE CUSTOMER!!!! 

And there in lies the gray area in which XXXX  operates. They solicit for advertising 180ish days before various school sporting seasons start - knowing that no one will be looking for final product as they are several months away. 2 billing cycles will pass - and the card holders eats the charge. Again - Visa / Mastercard have managed to deal with this vendor - but AMEX has chosen to leave their customers exposed. 

My problem with AMEX is - and what I now understand is the gray area in which this crook operates - is that clearly just dont care. AMEX offers  no true protection against fraud - but also makes no attempt that I can see to monitor situations like this. AMEX has a merchant operating today - where I have given them proof - including litigation by the highest state agencies - and yet they are still forcing me to eat a charge that is EASILY verifiable as proof

Company response to consumer: Closed with monetary relief