Consumer complaint received 2021-08-10
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:
I received an email dated XX/XX/2021 informing me that American Express had accepted the Merchants ( XXXX XXXX ) response and would rebill my account for {$5600.00} that I disputed after the XX/XX/2021 delivery of my damaged furniture on the street. 

Because American Express lauds its Redispute Limitation policy on its website in favor of merchants, I realize that opening this dispute for a second time is my last opportunity to defend my position with American Express and receive a permanent credit to my account. Henceforth, I am also filing complaints with Office of the Louisiana Attorney General, Office of the Attorney General State of California and The Consumer Financial Protection Bureau. 

Please review American Express role pursuant to the Uniform Commercial Code 2-601 Buyer 's Rights on Improper Delivery, to wit : Shipments of Goods : Once a merchant ships goods, the U.C.C. also provides rules for who bears the loss if the goods are lost or damaged in shipment. If a contract requires a seller to deliver goods to a particular destination, the seller bears the risk of loss until the buyer can take delivery. If the goods are not shipped to a particular destination, the risk of loss passes, instead, when the goods are delivered to the shipping carrier. 
Once goods have been delivered, the U.C.C. provides that the buyer has a right to inspect them before acceptance. This inspection must be performed in a reasonable time and manner. If the goods fail to conform to the contract, the buyer can reject all of them, accept all of them, or accept some of them and reject the rest. Good are considered conforming when they meet the contracts terms and, if the goods are not as described upon delivery, they may be considered non-conforming. 

If a buyer rejects the goods, the rejection must be within a reasonable time after their delivery. Upon rejection, the buyer must hold the goods with reasonable care for sufficient time so that the seller can remove them. If the seller does not give instructions on what the buyer should do with the goods after a reasonable time, the buyer may store the goods, reship them to the seller, or resell them. If the buyer resells the goods, the buyer may first reimburse itself for the cost that it paid for the goods and, in some cases, a commission for their sale. 
Where the buyer has rejected the goods because they didnt conform to the contract, the buyer can also recover from the seller ( in addition to the purchase price ) its cover damages, which are damages for having to obtain substitute goods. 
Cover damages are the difference between the cost of the goods that the buyer purchased from the seller along with any incidental or consequential damages. Incidental damages are expenses incurred in inspection, receipt, transportation, and care of goods that have been rejected, while consequential damages include damages that arise out of the buyers general or particular requirements for the goods that were known by the seller at the time of sale. 

Below is a repeated attestation of what I have already told American Express, XXXX XXXX and pictures which were uploaded electronically to American Express Dispute Portal. 

A. This was a telephone purchase totaling {$11000.00} processed verbally by XXXX XXXX with {$5600.00} being paid on XXXX and {$5600.00} paid on XXXX. 

B. {$1200.00} of the total charges were for shipping. 

C. I did not affix my signature on any document for this purchase. 

D. At no time did MrXXXX XXXX tell me that I bore the financial responsibility of assuming damages. 

E. At no time did MrXXXX XXXX tell me that bore the financial responsibility of restocking fees for returns. 

F. Mr. XXXX never provided me any proof of purchase until I asked repeatedly for it and the final {$5600.00} was remitted to him on XX/XX/2021. He sent an email of the invoice to me on XX/XX/2021. 

XXXX XXXX furniture was delivered on the side of the road and the pallets were visibly damaged with punctures to pallets, torn shrink wrap and ripped open cartons. ( Pictures enclosed ). 

H. There was no way for me to assess the full damage to the goods until we unwrapped the furniture, open the cartons and removed from pallets. 

I. The defects and damages were promptly reported in writing to Mr. XXXX, American Express and XXXX XXXX. 

Since XXXX XXXX will not pick up the furniture as requested in my XX/XX/2021 email to them, I am requesting a permanent credit to my account in the amount of {$6800.00} from American Express. 

Kind regards, XXXX XXXX ( 20 Year American Express Cardholder )

Company response to consumer: Closed with monetary relief