Consumer complaint received 2022-05-16
Company: AMERICAN EXPRESS COMPANY
State: NY
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:
A merchant ( a hotel ) has charged me for a cancellation fee which was unauthorized. I have attempted to resolve with the merchant who agrees it was incorrectly charged but have not yet refunded. At this point my only recourse is to Amex who have improperly billed this charge to my account. Amex should be refunding this charge on the basis of the Fair Credit Billing Act because ( a ) the charge was never authorized in the first place, ( b ) this qualifies as charges for goods and services that weren't accepted or delivered as agreed and ( c ) qualifies as a complaint about quality of goods and services giving me the same rights against the card issuer as against the seller ( see https : //consumer.ftc.gov/articles/disputing-credit-card-charges ). 

Details of the claim are : On XX/XX/XXXX XXXX reservations were made with XXXX for XXXX rooms at the XXXX XXXX XXXX. Each reservation was paid for with points. On XX/XX/XXXX, the next day, I called the XXXX XXXX  member line asking if I could cancel the reservation for no fee. I was told yes I can cancel without paying the fee. This call was recorded and XXXX are on record confirming that they have listened to the recording of the call and they agree that I was told I could cancel for no fee. 

Shortly after, on XX/XX/XXXX, I received XXXX confirmation emails that the rooms were cancelled. Both emails stated that the reservations were cancelled, and points were refunded back to the account. Neither email stated a fee was charged an indeed no fee was charged per my expectations. 

However, almost one month later on XX/XX/XXXX, XXXX charged a fee of $ XXXX ( total {$2900.00} ) to my Amex Credit Card. This was actually XXXX weeks AFTER the trip was scheduled to be completed. 

I have spoken to various people at XXXX customer service line, all of whom have agreed that the charge was inappropriate and will be refunded. Since the charge was initiated by the hotel their plan was to ask the hotel to reverse the charge. The XXXX customer service line and the hotel are both on record agreeing that the charge is inappropriate. The hotel has agreed in writing ( I have copies of emails ) that they have heard a recording of their representative telling me there would be no charge but they said it was a mistake on their and they would like me to accept a credit towards a future stay at that hotel ( to be completed by XX/XX/XXXX ) in lieu of a refund of this {$2900.00} charge. 

This is not acceptable to me. The hotel asserts although I was told by their operative that there would be no fee, and that they have listened to the recording and agree I was definitely told this, it was due to a " human error ''. That does not change the fact that I cancelled based on what they told me and it was their error. 

I am not willing to accept a credit for a future stay because had I been told at the time there would be a fee to cancel I would have chosen my options differently e.g. transfer the room to others who would want to stay there or make the trip myself. I only cancelled because I was told by the hotel that there would be no fee. 

I also have copies of the XXXX cancellation emails received ( with no fee ) and a copy of some email correspondence with the hotel where they agree that their operative stated there would be no fee. I have audio recordings of XXXX representatives telling me that this would be taken care of and the charges refunded. 

What I am looking for now is a full refund of {$2900.00} ( representing both charges of {$1400.00} ). 

Thank you very much.

Company response to consumer: Closed with monetary relief