Consumer complaint received 2019-02-19
Company: AMERICAN EXPRESS COMPANY
State: CA
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 was at a night club in XXXX, XXXX called XXXX XXXX during the late night of XX/XX/XXXX to the early morning of XX/XX/XXXX. The bill for the night was XXXX Euro ( Approx. XXXX US Dollars according the exchange rate at the time ). I was shown the bill by one of the servers which I agreed to. I gave them my card which was an American Express Platinum with a high limit and was handed back the card without a receipt nor did they ask for a signature. 

The next morning, I called American Express to ask how much I had actually been charged. I found it suspicious that I had no receipt of the actual charge nor did they ask for a signature. The customer service representative told me I had been charged XXXX US Dollars ( XXXX Euros according the exchange rate at the time ). I told the customer service rep. that I had never agreed to this charge and was told not to worry as it was probably a pre authorization and the charge had not even posted. Right after the call to Amex, I was able to obtain the number of the manager of customer relations for the night club and gave him a call. He told me that the charge was a mistake and promised to refund me the overcharge of XXXX Euro. I immediately called Amex back and spoke with another customer service representative. I asked if I could dispute the charge and was told I could not because the charge had not posted. 

Two days later, I received a call from someone in a higher position within XXXX XXXX  and was told that I could not be given a refund for the overcharge. He told me that the XXXX Euro was charged as a tip even though I was never asked to tip nor was there anywhere for me to write a tip amount. He also told me the reason they could not refund me was because the company was being investigated for money laundering and if he refunded me such a big amount, it would only look more suspicious. I told him that I would have to dispute the charge with Amex if I would not get a refund and he responded by saying " go ahead, I already have your money. '' I opened a dispute with American Express on XX/XX/XXXX and Amex decided to side with the night club despite the night club sending American Express a copy of the bill which was XXXX Euro and a credit card receipt of XXXX Euro. The signature on the receipt was also not mine. I could see what the night club sent Amex as evidence through my Amex messages. There was absolutely no reason the night club should have charged my card for XXXX Euro. This dispute had a resolution date of XX/XX/XXXX. 

I disputed the charge for a 2nd time with American Express on XX/XX/XXXX. This time providing my copy of the bill and a government issued ID which had my signature on it. The bill proved that I was overcharged and the ID showed the signatures did not match, however, once again Amex decided to side with the merchant. This dispute had a resolution date of XX/XX/XXXX but I was not notified until XX/XX/XXXX that they had sided with the merchant again. 

I made a phone call to Amex after discovering they had sided with the night club for a 2nd time despite having all the evidence that this was an overcharge. This time I attempted to open a fraud case as the signature was not mine. I was told by the American Express fraud department that Amex did not consider this fraud because I want to take liability for the amount that I am actually responsible for paying ( XXXX Euro ). Only when credit card information is stolen, it is considered fraud. They transferred me to the dispute department to open a dispute for a 3rd time which I did on XX/XX/XXXX. 

I called Amex back on the night of XX/XX/XXXX to make sure that they had the correct information in their notes regarding the 3rd dispute. However, I was told by the customer service rep. that because I had given them my card and they used the chip, there was not much they can do. If this is the case, this means that American Express is leaving its customers vulnerable to being overcharged even when giving your credit card to pay at a restaurant and the signature means nothing. 

I have attached my copy of the bill along with the bill and credit card receipt sent to American Express by XXXX XXXX.

Company response to consumer: Closed with explanation