Consumer complaint received 2019-05-21
Company: AMERICAN EXPRESS COMPANY
State: MD
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:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Maryland XXXX XX/XX/XXXX American Express XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX CFPB Ref No : XXXX Ref : XXXX Account Ending in XXXX Dear XXXX XXXX : Since I am continually receiving communications from you dated XX/XX/XXXX, this is my additional response/request to said communications. 

The Federal Trade Commission developed the Fair Credit Billing Act ( FCBA ). The FCBA settlement procedures apply to disputes about billing errors. The FCBA states : to take advantage of the laws consumer protection, it states what I the customer MUST do : Write to the creditor at the address given for billing inquiries, not the address for sending your payments ( this was done by me ), and include your name, address, account number and a description of the billing error. ( My dispute is - the Re-billing to my credit card of a proper credit issued by the merchant ). 

Send your letter, by certified mail, return receipt requested, so you have proof of what the creditor received. ( This was done by me to the address listed on the American Express statement for Disputes ). 

The creditor must acknowledge your complaint in writing within 30 days after receiving it, unless the problem has been resolved. ( This did not nor has it happened ). The  creditor MUST resolve the dispute within two billing cycles ( but not more than 90 days ) after receiving your ( my ) letter. ( No one from American Express signed are provided a date of receipt on the PS Form 3811, Certification of Receipt of the package in which I mailed to the address in which American Express request that disputes be mailed. Therefore the date of XX/XX/XXXX is the date of receipt ). 

What happens while the bill is in dispute? 
You ( The Cardholder ) may withhold payment on the disputed amount ( and related charges ) during the investigation. The cardholder must pay any part of the bill not in question ( I have done that, yet American Express denied credit privileges ).

American Express may not threaten your credit rating or report you as delinquent while your bill is in dispute. In addition, the Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants who exercise their rights, In Good Faith, under the FCBA, simply put, you can not be denied credit simply because youve disputed a bill. ( American Express have failed to act in  Good Faith on XX/XX/XXXX American Express denied credit privileges on this card as well as an additional American Express card where you lowered the credit limit as the letter state based of information from another creditor ( American Express themselves ). American Express also stated on the same document Your payment Due amount includes a past due amount of {$370.00} ). Those actions by American Express is a direct violation of the established FCBA. 

If .the bill is incorrect ( as it is ) : The creditor ( American Express ) MUST explain to you -in writing- the corrections that will be made to your account. In addition to crediting your account, the creditor must remove all finance charges, late fees or other charges related to the error.

the creditor fails to follow the procedure?

ANY creditor who fails to follow the settlement procedure may not collect the amount in dispute, or related finance charges, up to {$50.00}, even if the bill turns out to be correct. For example, if a creditor acknowledges your complaint in 45 days 15 days too late or takes more than two billing cycles to resolve a dispute, the penalty applies. The penalty also applies if a creditor threatens to report or improperly reports your failure to pay to anyone during the dispute period. ( American Express has failed to resolve this dispute in 2 billing cycles ). 

I bring to your attention once again, XX/XX/XXXX is not the date of the dispute. The official date of the dispute was and remains XX/XX/XXXX. The dispute has always been about the Re-billing by American Express Credit Card, Customer Service Department to the American Express Card. But  meanwhile, I again refer to your XX/XX/XXXX letter, your statement concerning the balance on the Travel Reservation is {$0.00}. Why havent this been transferred to your billing department to zero out the Re-bill on this account, rather than you contacting me for a detailed letter describing the events surrounding the dispute. A detailed explanation should be provided to me explaining why American Express took the action in which they did to re-bill my card when the account as you state was {$0.00} I am requesting from American Express copies and answers to the following : ( 1 ) Why was {$380.00} re-billed to the account ( reference, your letter the total on my account {$0.00} ) ( 2 ) Why should I believe that you are investigating this issue when it was not done with the initial dispute was lodge ( XX/XX/XXXX )? 
( 3 ) Why wasnt the certified package that was mailed to : American Express Credit Card, XXXX XXXX XXXX, XXXX XXXX, TX XXXX not signed for? 
( 4 ) Why was all the information provided by me totally ignored?

( 5 ) Why was the FCBA totally ignored by the American Express Credit Card, Customer Service Department?

( 6 ) Please provide a copy of your policy concerning posting credits and debits? ( In the event I were to use the American Express Card again, I will know your process ).

( 7 ) Why did American Express re-bill the credit card holder when the merchant provided the credit.

( 8 ) Did American Express during your investigation contact the merchant for clarification of the credits submitted?

( 9 ) Please explain how 1 credit in the amount of {$190.00} posted on XX/XX/XXXX American Express re-billed the account on XX/XX/XXXX in the amount of {$380.00} ( you only had 1 credit on that date in which you re-billed ). On XX/XX/XXXX after the re-billing of {$380.00} a 2nd credit is posted in the amount of {$190.00}.

( 10 ) With the Travel Reservation balance at {$0.00}, American Express re-bill the credited amount of {$380.00}, how is this amount posted, it would cause your balance sheet to be out of balance. What happens to the funds if it was not disputed? 

Since you have already stated in your correspondence, the Travel Reservation account is {$0.00} why havent you removed the re-bill of {$380.00} created by American Express Credit Card Account, Customer Service Department. 



XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX )

Company response to consumer: Closed with explanation