Consumer complaint received 2019-09-26
Company: AMERICAN EXPRESS COMPANY
State: TX
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: Card was charged for something you did not purchase with the card

Complaint:
Dear Consumer Financial Protection Bureau I am having a very difficult experience with American Express disputing a charge of {$550.00} that I did not authorize on XX/XX/2019, at XXXX XXXX XXXX located at XXXX XXXX XXXX XXXX. XXXX, TX XXXX. Please note that the staff from the above gentleman club ( AKA XXXX   XXXX XXXX ) showing on American Express Billing Statement ) without my consent made the disputed charge ( {$550.00} ) on my American Express XXXX Platinum credit card account. Note that the staff of XXXX XXXX XXXX attempted to deceive me by telling me that I had to sign a new receipt to add a tip and staff advised me that since I had already paid for the agreed charges the new bill was only to authorize the tip. However, when I refused and advised that I already had left a tip and requested to talk to the manager, the alleged manager threatened me to receive great bodily harm if I didnt sign for the fraudulent charge he further refused to return my drivers license and credit card when I asked for these documents. He then advised XXXX XXXX XXXX is operated by the XXXX XXXX, that staff knows where I live since they have my drivers license and that I was not going to be a happy person if I didnt pay for the fraudulent charge. I refused and advised that I never agreed to that charge. Note that I contacted American Express to cancel the card while I was still at XXXX XXXX XXXX. I noticed that several unauthorized charges. So I contacted the police around XXXX XXXX   from the QT was station nearby to report the theft of my drivers license, credit card, battery, and unlawful restraint. 

On XX/XX/2019, I disputed the fraudulent charge and canceled the credit card and American Express issued a new credit card. However, American Express representative did not place a dispute for the {$550.00} unauthorized/ fraudulent charge and let this charge go through. I noticed this charged on my account on XX/XX/2019. I noticed that American Express authorized the fraudulent {$550.00} charge to my account. I then contacted American Express and inquired as to why the {$550.00} charge was accepted by American Express since I called and advised the fraudulent incident I encounter at XXXX XXXX XXXX. I was advised that the representative did not take the complaint or dispute for the charge. However, the American Express representative advised that she was making a dispute for the fraudulent {$550.00} charge and provided me with dispute reference number ( XXXX ) and advised the investigation will take between 4-6 weeks. Note that a few days later American Express provided me with a current credit card, deleted my online account, and created a new online account since XXXX   XXXX XXXXt stole my drivers license. 

On Monday, XX/XX/2019, I received a phone call from an American Express representative that only provided the name of XXXX from a phone number ( XXXX ) XXXX. She left a message and advised to contact her. I called her several times, one to verify it was some from American Express and 3 more times because I kept getting disconnected. I was extremely disappointed with her lack of knowledge and lack of customer service. She advised that because I provided my credit card and driver license to the merchant ( she was referring to XXXX XXXX XXXX ) that I gave the business permission to charge my account and that no fraud occurred. She then advised that she was going to refund the money to the merchant and that I had made a claim for 3 charges for a total of {$1300.00}. ( please see my original dispute XXXX ). I advised that I only disputed {$550.00} and I advised that I did not authorize the {$550.00}. I advised that myself going to a merchant and buying a service of a product does not give the merchant the authority to charge me whatever they want to charge me. I then asked her if she had read the document that I sent American Express on XX/XX/2019, to support my dispute. She advised she didnt read the report. Since XXXX was predetermined to decide my dispute without having the facts or knowing the law, I requested to talk to her manager in an attempted to resolve my dispute. However, she refused. Please note that I gave her the legal description of what it is fraud from the Texas Criminal Code, I insisted that I didnt authorize the disputed {$550.00} charge and I asked her to provide me with a copy of the disputed {$550.00} charge and all receipts with my signature from XXXX XXXX   XXXX  before she refund them the disputed charge. I advised that I didnt sign, nor did I authorize the {$550.00} disputed charge and insisted that it is fraud. I also asked to make sure that she looks at all the facts before she decides and to let me talk to her supervisor, but she refused as well. When she refused to let me talk to a supervisor. I then expend six hours of my time on Monday trying to talk to a supervisor, four hours on Wednesday. During these calls everyone refused to let me talk to a supervisor, one representative lied to me telling me that the disputed amount was removed from my account, I was told I couldnt talk to a fraud manager because XXXX had made a decision in favor of the merchant because the merchant provided a copy of my drivers license. American Express staff refused to let me talk to a manager in order to address my concerns. 

The fact is that I DID NOT AUTHORIZE THE DISPUTED CHARGE AND I AM NOT GOING TO PAY AMERICAN EXPRESS FOR IT! The State of Texas Penal Code Title 7 Offenses Against Property Chapter 32 Fraud Subchapter B Forgery ( https : //statutes.capitol.texas.gov/Docs/PE/pdf/pe32.pdf ) states : Sec. 32.21. FORGERY. ( a ) For purposes of this section : ( 1 ) " Forge '' means : ( A ) to alter, make, complete, execute, or authenticate any writing so that it purports : ( I ) to be the act of another who did not authorize that act ; ( ii ) to have been executed at a time or place or in a numbered sequence other than was in fact the case ; or ( iii ) to be a copy of an original when no such original existed ; ( B ) to issue, transfer, register the transfer of, pass, publish, or otherwise utter a writing that is forged within the meaning of Paragraph ( A ) ; or ( C ) to possess a writing that is forged within the meaning of Paragraph ( A ) with intent to utter it in a manner specified in Paragraph ( B ). 
( 2 ) " Writing '' includes : ( A ) printing or any other method of recording information ; ( B ) money, coins, tokens, stamps, seals, credit cards, badges, and trademarks ; and ( C ) symbols of value, right, privilege, or identification.

( b ) person commits an offense if he forges a writing with intent to defraud or harm another. 
( c ) Except as provided by Subsections ( d ), ( e ), and ( e-1 ), an offense under this section is a Class A misdemeanor.

( d ) Subject to Subsection ( e-1 ), an offense under this section is a state jail felony if the writing is or purports to be a will, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, check, authorization to debit an account at a financial institution, or similar sight order for payment of money, contract, release, or other commercial instrument. 

XXXX XXXX XXXX  ( AKA XXXX XXXX XXXX ) staff did not have my authorization or my consent to charge me the amount that I am disputing. However, XXXX XXXX XXXX  ( AKA XXXX XXXX XXXX ) staff had the intent to defraud and harm me by committing the following : Deception to show intent. XXXX XXXX XXXX ( AKA XXXX XXXX XXXX ) staff showed intent by telling me that I will only incur the tip charges and not the full amount ( I did not sign any receipt and I advised XXXX XXXX XXXX that I did not agree nor did I authorized the {$550.00} ) Coercion to show intent. XXXX XXXX XXXX ( AKA XXXX XXXX XXXX ) staff threatened me to receive great bodily harm if I didnt sign for the fraudulent charge several times and I was also told that the only way I was going to get my drivers license back was if I signed for the disputed {$550.00} charge. 
Theft to show intent. XXXX XXXX XXXX ( AKA XXXX XXXX XXXX ) staff stole my drivers license, a Texas government ID issue under my name without any legal justification, with the intent to utter a writing that is forged within the meaning of Paragraph ( A ) above. The intent was to provide my drivers license to support the fraudulent charge. Note that the cost to replace my driver license was {$34.00}. 
Knowingly and willfully XXXX XXXX XXXX  ( AKA XXXX XXXX XXXX ) staff without my authorization submitted Writing with intent to defraud or harm another ( myself ) a disputed charge to American Express have been executed at a time or place or in a numbered sequence other than was, in fact, the case the disputed {$550.00} charge to American Express, when I did not authorize this charge. 
Furthermore, when American Express notified XXXX XXXX XXXX  of my dispute, the XXXX XXXX XXXX XXXX staff knowingly and willfully requested American Express to pay the disputed {$550.00} and according to American Express staff provided my stone drivers license to be the act of another who did not authorize that act. I didnt authorize the disputed {$550.00} charge!!! 
The State of Texas Penal Code Title 7 Offenses Against Property Chapter 32 states that a person commits an offense if he/she forges a writing with intent to defraud or harm another. Nothing in the code supports the decision that XXXX took on my original dispute because the fact that I agreed to pay for a different charge does not exempt XXXX XXXX XXXX from committing a crime because I did not authorize a {$550.00} charge to my card. XXXX XXXX XXXX staff knowingly and willfully forged in writing with intent to defraud or harm me regarding my dispute XXXX. 

Note that I was able to have a different representative filed another dispute for the same {$550.00} charge on XX/XX/2019, incident and gave me a reference number of XXXX. Later I noticed that the representative took the dispute as a duplicate charge. I called American Express several times to advise that dispute is not a duplicate charge, but a fraudulent charge. However, I was ignored even although I sent a document, via fax, explaining what occurred and provided evidence indicating I didnt authorize the {$550.00} charge. 

As a result of the errors, American Express staff committed handling my case, I have incurred other monetary costs associated with addressing and correcting the incompetence of XXXX from the Fraud Department. since I had to take time from work to address this issue. I requested to talk to her manager or a manager. I have suffered injury in fact, incurred damages, and have otherwise been harmed by XXXX XXXX XXXX staffs criminal conduct and also by the disregard and poor customer service provided by American Express. 

On Friday, XX/XX/2019, I received three letters from American express all dated XX/XX/2019. Each letter had contradicting information regarding my dispute. However, one of the letters provided different type of receipts provided by the merchant ( XXXX XXXX XXXX  ). 

The documents provided by merchant actually help me demonstrate that I did not authorize the charge for {$550.00} and that the merchant altered the receipts in order to defraud American Express and demonstrates the merchant intent to deprive me of {$550.00} without any legal justification. Note that none of the documents the merchant provided has my authorization or agreement to the disputed charge of {$550.00}. 

I would ask you to look at the attached receipts that the merchant provided as supporting documents. Note that the receipts have no uniformity. The merchant provided a receipt for {$660.00} and a receipt for {$180.00}. These are typical business transactions receipts that most merchants worldwide provide. Note that these two receipts have a date, time, transaction number, card holders name, tip, total amount, a statement agreeing to pay for the amounts, etc. The merchant, however, did not provide a signed receipt for the disputed charge of {$550.00} similar to the {$660.00} and the {$180.00} receipts. 
In addition, the merchant provided a document with a reference number of XXXX on the upper right of a sheet, a box with a total amount of {$120.00} on the upper left of this same sheet and a box with my name and a signature ( not my signature ) in the middle left of this same sheet. 
The merchant also provided a similar document but this document has two reference number XXXX on the upper left part of a 2nd sheet, a reference number XXXX in the middle left of the 2nd sheet, a box with a charge of 4 * {$120.00} and 3* {$24.00} for a total charge of XXXX on the upper right side of the 2nd sheet, and my name and a signature ( not my signature ) in the middle right of the sheet. Note that it is evident that these documents were fabricated ( copied and pasted ) by the merchant in an attempt to deceive American Express. There is no uniformity with the receipts the merchant provided. It is evident that the merchant just copied and pasted the boxes in these sheets in an attempt to forge the receipts. However, note that none of these reference or amount boxes with a pasted signature have an amount for {$550.00}. 

Finally, the merchant provided another type of receipt in a separate sheet for {$550.00} dated XX/XX/2019 at XXXX XXXX. This receipt does not have my authorizing signature, nor did I agree to this charge. Note that on this date between XXXX and XXXX XXXX  I had already contacted American Express to cancel the card because I had noticed unauthorized charges by the merchant ( look at the attached records ), I contacted 911 and was waiting for the police to arrive at a gas station nearby QT ( waiting among other things to report that the merchant stole my drivers license and credit card ). 

Therefore, the documents that the merchant provided do not support the {$550.00} charge. The merchant should have provided a receipt similar to the {$660.00} and XXXX charges receipts but didnt. Note that the {$660.00} and the {$180.00} ; XXXX charges were not disputed. It is evident from the documentation that the merchant provided these documents to American Express with the intent to deceive American Express and to unlawfully deprived me of {$550.00}. 

American Express was influenced by fraudulent documentation to favor the merchant. American Express has given ample time to the merchant to address this issue. The incident occurred on XX/XX/2019, the merchant does not have a receipt with my signature to authorize the {$550.00} charge, the documentation that the merchant provided was altered, the merchant has demonstrated an intent to deceive American Express, and has demonstrated that the merchant has the intent to unlawfully deprive me of {$550.00}. Please have American Express remove the disputed {$550.00} charges from my account. Note that the documentation the merchant provided demonstrate that the merchant altered the receipts to charge {$550.00} to American Express not authorized by me. 

Since the letters I received on XX/XX/2019, dated XX/XX/2019, were very confusing, one letter stated that the charged was removed from my account and under investigation and second letter that American Express validated the charge for the merchant according to the receipts provided by XXXX XXXX XXXX   and a third letter stating that there was a mistake and to disregard one of the letter because there was a glitch. 
I contacted American Express on the same day ( XX/XX/2019 ) because I did not know what letter was correct. I talked to XXXX and went over the receipts provided by the merchant XXXX XXXX    XXXX since the receipts demonstrated that I did not authorize the fraudulent {$550.00} charge and pointed out the pasted and copied signatures and lack of uniformity. In addition, I demonstrated that the merchant didnt provide a signed receipt for the {$550.00} charge. XXXX contacted the Fraud Department and agreed to take a third dispute for the {$550.00} ( XXXX ). I advised that I was going to fax a document demonstrating the charge was fraud. 

On XX/XX/2019, I faxed a document demonstrating the receipts provided by XXXX XXXX XXXX  did not give them the authorization to charge me {$550.00}. However, on Monday, XX/XX/2019, I received a letter from American Express dated XX/XX/2019, stating that American Express had issued me the credit of {$550.00} and that the case was closed. Please note that I contacted American Express to make sure this information was correct, and I was advised that I was not responsible for the {$550.00} and that it was removed from my account. 

I thought that the dispute was final. However, on XX/XX/2019, I received an email from XXXX XXXX. Please see the attached email. Today XX/XX/2019, she contacted me to talked about the fraudulent {$550.00} charge. XXXX XXXX advised that she was contacting me to address the dispute. I advised that the charges were removed from my account and advised that I was very disappointed with XXXX from the Fraud Department. She advised that the charges were not removed and that I was going to be responsible for the charge. I advised that I received a letter dated XX/XX/2019, and that American Express issued me the credit of {$550.00} and that the case was closed. She advised that the letter does not state that ( see enclosed letter dated XX/XX/2019 ) and that I was going to be charged for that amount. I advised that I talked to American Express on Monday, XX/XX/2019, and I was advised that the case was closed, and I was not responsible for the {$550.00}. I advised that I did not authorize the {$550.00} and that I am not going to pay for something I did not authorize. She then advised the same incorrect information that XXXX told and advised that because I provided my credit card and drivers license to the merchant that I gave the business permission to charge my account and that no fraud occurred. I advised that I did not authorize the {$550.00} charge and that XXXX   XXXX is committing fraud and that I am not going to pay for {$550.00}. She advised that I have to address the criminal issue outside American Express and that I am going to be charged for the {$550.00}. I then asked her that I had sent them a fax on XX/XX/2019, at XXXX XXXX why she was just contacting me when I was ignored all this time and that American Express sent me a letter dated XX/XX/2019, that credited me the {$550.00} and that the case was closed, I then asked her if the reason she was calling me was to help the XXXX XXXX XXXX. She advised that XXXX XXXX XXXX wrote to her asking for the money. I advised checking the receipts that the merchant provided that the merchant is committing fraud. She advised that there is no fraud and that she was going to charge me for the {$550.00} fraudulent charges. I then advised that I want to go to arbitration and asked her to provide the contact information to file a claim, but she refused to provide me the documentation. 

Please take a look at the supporting documents and you will see I did not sign any receipts for {$550.00}. I also find it extremely odd that after all this time ( XX/XX/XXXX to XX/XX/2019 ) American Express continues to give the merchant extra time in order to allow the merchant, XXXX XXXX XXXX, the opportunity to fabricate receipts. More bizarre, after talking to XXXX from American Express and XXXX advising that the merchant failed to provide validation for the charge and receiving a letter on XX/XX/2019 that advised American Express was removing the fraudulent charge from my account and that the case was closed, XXXX XXXX contacted me on XX/XX/2019, and lied by advising that she was doing research regarding my case when in fact she didnt even know about the letter that American Express sent me on XX/XX/2019. In addition, when I asked XXXX about the letter content, XXXX lied by informing that the letter that American Express sent on XX/XX/2019, said that the letter detailed that I had to pay for the {$550.00} fraudulent charge. XXXX also refused to look at the receipts provided by the merchant to address my concerns. Therefore, It appears that XXXX is more interested in protecting the merchant 's interest than the facts and the evidence. Is it possible to have a motion to discover in order to obtain all correspondence between XXXX XXXX and the merchant XXXX XXXX XXXX and if there is a possibility to see if XXXX is the personal agent for the merchant? 
I believe that if XXXX XXXX is the personal agent of XXXX XXXX   XXXX, it will demonstrate a conflict of interest and unethical business practice by American Express for letting her handle a dispute and not an impartial person or department. Please also note that the merchant, silver city cabaret has several complaints about defrauding clients according to yelp ( please see XXXX : XXXX ). 

Again, I did not authorize this fraudulent {$550.00} charge. I am respectfully seeking assistance from the Consumer Financial Protection Bureau to evaluate all the evidence provided and remove this fraudulent charge from my account. In addition, seeking protection from American Express not to affect my credit score  by reporting in the future un  unpaid amount of {$550.00}, since this charge of {$550.00} was not unauthorized by me, the charge is fraudulent, and American Express refuses to be ethical and fair regarding my dispute.

Company response to consumer: Closed with monetary relief