Consumer complaint received 2023-05-11
Company: AMERICAN EXPRESS COMPANY
State: TX
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Other features, terms, or problems
Sub-issue: Other problem

Complaint:
Dear Department of Consumer Protection, I am writing to bring to your attention an issue that I have experienced with American Express. Recently, I received a merchant offer from American Express that promised a certain benefit if I made a purchase at a XXXXXXXX XXXX wine. Specifically, {$50.00} credit when making a purchase over {$100.00}. However, when I attempted to redeem this offer, I was informed that my purchase didn't qualify. I verified through my XXXX history that I did go to the right website. Furthermore, I recorded my transaction and discovered when attempting to pay for the transaction, the website diverts you away from the Amex sponsored page. I contacted customer service attempting to show proof that I was compliant with the terms and conditions. I was told my concern was escalated but after several calls on my status I was told that there is no foreseeable resolution time. 

This is a clear case of fraud on the part of American Express. By sending out an offer and then not honoring it, they have misled me and potentially many other consumers. I believe that this is a violation of consumer protection laws and that American Express should be held accountable for their actions. 

Furthermore, The Federal Trade Commission Act prohibits unfair or deceptive acts or practices in commerce, including false or misleading advertising. If American Express made a false or misleading offer, they may have violated this act. 

2. The Uniform Deceptive Trade Practices Act ( UDTPA ) is a model act that has been adopted by many states. It prohibits deceptive trade practices, including false advertising. If American Express 's offer was deceptive, they may have violated this act. 

3. In the case of Federal Trade Commission XXXX XXXX XXXX XXXX XXXX , 67 F. Supp. 3d 1303 ( N.D. Ga. 2014 ), the court held that a company 's failure to honor a promotional offer was a deceptive act or practice under the Federal Trade Commission Act. 

4. In the case of In re : XXXX XXXXXXXX Marketing and Sales Practices Litigation, 953 F. Supp. 2d 907 ( E.D. Va. 2013 ), the court held that a company 's failure to honor a promotional offer was a breach of contract and a violation of state consumer protection laws. 

Based on these legal precedents and codes, it seems clear that American Express may have committed fraud by sending out a merchant offer and then not honoring it. I hope this information is helpful. 

I would appreciate your assistance in resolving this matter. I believe that American Express should be required to honor the offer that they sent out, or to provide compensation to those who were affected by their fraudulent behavior. I also believe that American Express should be required to take steps to prevent this type of behavior from happening in the future. 

Thank you for your attention to this matter. I look forward to hearing from you soon. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation