Consumer complaint received 2022-11-26
Company: AMERICAN EXPRESS COMPANY
State: NY
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:
The incident that set this in motion for which I request your assistance : On XX/XX/XXXX. I believed I had a virus in my computer because of a message I received on my computer and my computer being inoperable despite turning it off and restarting it. I called who I thought was a XXXX representative. He said he could remove virus. I purchased an antiviral program from him so provided my credit card to make the purchase and allowed him into my computer to remove the virus and clean my computer. During the conversation I became suspicious, hung up and called American Express to cancel the card. 

MY COMPLAINT SUMMARY On XX/XX/XXXX I was a victim of fraudulent charges ( totaling approximately XXXX ) on my American Express card. When I became aware, which was within an hour of the use of my card, I called American Express. I was told not to worry and the charges were all reversed and removed from my credit card. I was told I didnt need to do anything further - that American express would handle it, and that I didnt need to worry about the charges that they all were being credited to my account. 
On XX/XX/XXXX I received a phone call from a representative claiming to work for the fraud department of American Express stating the charges were all going to be put back on my account because I was a victim of a scam. I requested to speak to a supervisor. I was told that a supervisor would call me in 24 to 48 hours.

I called American Express immediately to ask whether it was really American Express who called me. I was told that they could not verify any phone calls made by American Express to me. They were not able to verify her call. They also assured me that once the charges had been reversed and credited to my account they would never be put back on my account. They asked if I had a letter from American Express stating they were crediting my account. I advised I did. They repeatedly reassured me that they could not verify the call and that I neednt worry about the charges because they would not be put back on my account. 
Later that afternoon I received a call from the supposed supervisor whom I requested to call. I was very uncomfortable talking with her and providing her any information since I didnt really know if she was a legitimate representative of American Express XXXX I expressed those sentiments to her. She stated that she understood my concerns and provided me her name, ID number, phone number and where she worked out of. She advised me to call American Express to verify her identity and when American Express confirmed her identity to call her back. I did just that. I called American Express but no one was able to verify her identity and could not find a record of her call. The person to whom I now spoke with was a supervisor and assured me the case was closed and that no charges could or would be reversed. She repeatedly assured me that I had nothing to worry about, that my account was credited all the fraudulent charges, and would not be reversed. I did not call the person back because I believed based on my conversation with American express that she was a fraud. 
On XX/XX/XXXX I received a letter stating that all the fraudulent charges would be placed back on my account. I immediately called American Express and eventually spoke to a XXXX ( XXXX XXXX ) in the fraud department who advised me that at present the charges were not on my account and that when they appeared on my account, I should call him and he would reopen the case and have the charges reversed and taken care of. 
On XX/XX/XXXX, the charges were placed back on my account. I immediately called, and after going through the explanation, asked to speak with XXXX XXXX, a XXXX in the fraud department. I was told he was on a phone call and would call me back. After waiting XXXX hours and not receiving a return phone call, I called again and spoke to a representative from the fraud department who advised he would try to reach him and would call me that evening to advise me whether he reached him or not. I received no phone call. 
On XX/XX/XXXX, I called again, and once again after a lengthy explanation, I asked to speak to XXXX XXXX XXXX, XXXX in the fraud department. The representative now advised me that it wasn't necessary and said he would reopen the investigation. He advised there were XXXX charges totaling approximately XXXX. The investigation was reopened ( again ) .but the charges were not reversed. 
On XX/XX/XXXX, I called again and asked to speak to XXXX XXXX or any other XXXX in the fraud department. After being told by the representative that he would not connect me to a XXXX, I demanded it, and finally was connected to a XXXX ( XXXX id XXXX ). After a lengthy discussion, she advised me that she would write her team, and call me on Wednesday XX/XX/XXXX. She was not able to promise a satisfactory resolution but was sympathetic and understanding. I repeated that I was a victim of fraudulent use of my credit card and these charges should be removed from my credit card. ( Mostly if not all gift card purchases ). 
I have also stated to American Express that I contacted them immediately while these charges were being made, that these charges should have been recognized as unusual and completely inconsistent with my profile- I have been an American Express customer over 25 years - and they should have questioned the charges and initiated a call to me before the authorization of all XXXX charges. I was told they have over XXXX algorithms and they missed it. That is just XXXX aspect of their accountability. I also called them immediately- they could have easily contacted the merchants so purchases using the gift cards could have been prevented or frozen. I later leared they did not call the merchants to freeze the purchases. If they had it would have protected them and myself. I will tell you what they said as letter proceeds. 
I have argued that the definition of a scam is a type of fraud. I also advised representatives from American Express that their website says they protect customers XXXX percent from fraud. Nowhere on the website does American Express differentiate fraud from scam - because a scam is fraud. 
I will list the dates and summary details of all conversations I have had with American Express which I believes reveals their negligence, misinformation which contributed to the present problem, lack of promised phone calls, confusion and disorganization I will also highlight statements they made which shows their culpability and illustrates their negligence and incompetence. 

LIST OF CALLS AFTER XX/XX/XXXX XX/XX/XXXX called to speak to XXXX XXXX who never called as promised on XX/XX/XXXX. Representative could not find XXXX or his note. Representative hung up and said he would try to locate him XX/XX/XXXX called and spoke with XXXX who said he cant do anything he said this is a customer service problem not a fraud problem and advised me to call customer service. 
XX/XX/XXXX called customer service and spoke with XXXX id XXXX who said this is a fraud case and she will contact XXXX. She said they would reach out to him and ask him to call me. They advised I should expect a call within XXXX XXXX hours. 
XX/XX/XXXX called to speak to XXXX and was told they would not connect me nor did they have any way of reaching him by email or phone. 
XX/XX/XXXX was not satisfied with previous conversation so I called customer service who connected me to fraud because I now received a monthly bill with all the fraud charges and interest that would accrue if I didnt pay it. I spoke to XXXX ID XXXX who said he was opening another investigation. When I said but the investigation is already opened through XXXX his response was I have my job to do. He advised the case would be resolved within 30 days and vowed to call me. He never did. 
XX/XX/XXXX called to speak to XXXX who I never heard from. I spoke with XXXX who was going to reach out to him by email and request that he call me. 
XX/XX/XXXX called again to speak to XXXX who had still not called. Representative was trying to locate him. 
XX/XX/XXXX XXXX XXXX called. He apologized for not calling. He raised the issue of a scam as to why it was not settled. He said he would ask his team to expedite the case. He said the backend team was reaching out to the merchants and were waiting to hear their response. I asked what information they were seeking from the merchants. His response I dont know. 
Once again, I stated a scam was a type of a fraud, so it was fraud. I repeated that on their consumer website, nowhere does it differentiate coverage or non-coverage for a scam versus a fraud. That website simply states customers are protected XXXX percent from fraud. I repeated that they did nothing to stop the charges. 
He apologized and said I dont understand what happened. 
He said he would call me back in XXXX 5 days and said XXXX putting it on my calendar. 
XX/XX/XXXX called to speak to XXXX who never called back. Representative said they would send him an email to call me. 
XX/XX/XXXX XXXX pm - called again to speak to XXXX since he never called as promised. He was not available. Said they would contact him and ask him to call me. 
XX/XX/XXXX called to speak to XXXX who still had not called. Was told they would send him an email to have him call me. 
XX/XX/XXXX called to speak with XXXX again. I spoke to his supposed team who said his team will call me within XXXX hours and they will have XXXX call as well. Of course, no one called. 
XX/XX/XXXX called again to speak to XXXX who I last spoke to XX/XX/XXXX. Spoke with XXXX in fraud after explaining all details of the case who stated he would email XXXX with urgency to call me. 
XX/XX/XXXX called again no call received was told someone will call me within an hour. 
XX/XX/XXXX called because no one from fraud called as promised. Was given a case number XXXX ( even though I already had a case number ). Once again fraud representative said he will expedite the case and send an email to XXXX to call me. 
XX/XX/XXXX called to speak to XXXX since I received no promised call. I asked if there was someone superior to XXXX I could speak with after individual reviewed the account. He said there was. I waited XXXX hour on phone and was disconnected. I called back and the representative said she would connect me to a supervisor. After another long wait, she returned and said there were no supervisors available, and she would have one call me back today. No one called. 
XX/XX/XXXX called at XXXX am I was told no supervisor was currently available. Representative said she was arranging for XXXX to call me within XXXX hours. No one called. 
XX/XX/XXXX called and spoke with XXXX  ID XXXX and after explaining everything about the case, he said he would speak with his team and would call me in XXXX hours. He was having his team take over. 
XX/XX/XXXX XXXX called said there was no update. Promised he would call and would call me every XXXX hours for an update. XX/XX/XXXX. He never called. That was the last I heard from him. 
XX/XX/XXXX called and spoke to XXXX ID XXXX. He reviewed all notes and spoke with his XXXX. I reviewed the entire case with him. He said his team was now taking over. He said he would call me every XXXX hours for an update. 
XX/XX/XXXX XXXX called and said his manger the case would be flagged and resolved and expedited. He said it was still being investigated. XXXX also said he would send an email to XXXX to call me. He gave a new case XXXX XXXX. 
XX/XX/XXXX called because I never heard from XXXX or his team. Spoke with XXXX XXXX, a supervisor, who said she could not release her Id number. Once again, I reviewed the entire case with XXXX who stated our conversation was being recorded. She apologized. She said she was hearing me. 
But she said the case on XX/XX/XXXX was denied by the XXXX the person whose identity American Express never verified for me. She implied once their decision was made little could be done. ( This was the first time I was ever told this ). She also said that is why the investigations could not go forward. Once again, I was never told this in the XXXX months that this was going XXXX made all my arguments with XXXX. She said she would reach out to the XXXX to discuss to see what could be done. She made no promises. 
XXXX called back that night and said the XXXX made their decision on XX/XX/XXXX and that would or could not be reversed. I said even if American Express made mistakes ( which I will detail ) She reiterated that she could not do anything though she understood my arguments and sympathized with what I had said. 
She then said though she could not reverse the charges maybe she could work something out. I said unless you found a way to credit my account XXXX dollars or something equivalent, nothing else was acceptable. 
She called back and said there was nothing she could do. 
I advised her - as I did previously that I would be contacting my lawyer. Conversations with XXXX were said to be recorded. 

ARGUMENTS TO FIGHT THEIR STATED REASONS FOR THEIR COVERAGE DENIAL XXXX. On XX/XX/XXXX, I was called by this unknown person who claimed to be from American Express ( which was never verified ). She stated that all the charges were going to be put back on my account ( 2 months after the fact ) because this was a scam and American Express does not cover a scam as fraud. This was the first time I was ever told this. I also stated when my credit card was used fraudulently I was not aware that it was a scam if, in fact, it was. Also, nowhere on American website does it differentiate a scam from a fraud in regards to protection and coverage for said event. It simply says customer is XXXX percent protected. I also said the definition of a scam is a type of fraud. When I reported the incident I was simply told all charges would be taken off my account and that I need not worry, that American Express would take care of everything. 
XXXX. On XX/XX/XXXX, in my conversation with XXXX, she reiterated that this was a scam. I once again made the argument that I reported the incident/charges immediately when they occurred and American Express XXXX have and should have contacted all the merchants to freeze any purchase made on the said gift cards. She responded. American Express does not make the calls when it is a scam. Once again, that was the first time anyone ever said that. 
No one from American Express ever said or advised me that I should call the merchants. In fact, they said the opposite - that they would take care of everything. If I was properly advised, I could have and would have called the merchants to freeze all purchases on these gift cards. If American Express had acted responsibly they would have contacted the merchants and halted the use of the fraudulently purchased gift cards. They did nothing, American Express is, therefore, also responsible for the charges. 
XXXX. American Express has also made the claim they are not responsible because I gave my credit card to the individual. I have repeated on numerous occasions that I provided my credit card for the purchase of an antiviral program and nothing else. I have made the argument that customers provide their credit card information every day in all situations whether by phone, on line, to make various purchases. This was no different than any customer making a purchase with his credit card. 
XXXX. I also argued that I have been a customer of American Express for 25 years and they have an extensive profile on the types of purchases I make. These purchases were well beyond my profile and their system should have recognized that and halted the completion of the transaction until they got my authorization. They note on the website that they protect us and XXXX contact us before authorizing a charge if they suspect anything suspicious. There were XXXX charges made to my account that were completely outside of my profile, yet American express did not call me to ask if these were my authorized charges. Yet, they have done that before during my relationship with American Express. I was told that American Express has over XXXX algorithms to detect this and it fell through the cracks. So, they failed to protect me, despite their website claiming we are protected XXXX percent and mentioning they have these digital protections. 
XXXX. I have over XXXX letters from American Express which simply illustrates their confusion, incompetence and the misinformation given to me. Some letters say my account will be credited a particular amount from a merchant. Then I have letters saying it wont be credited. Then I have letters from customer service that the dispute is closed because it is a fraud case even though it was the fraud department that instructed me to contact customer service to open all these disputes. 
XXXX. Lastly I have the XXXX initial letters from American Express stating our account was being credited in the amount approximating {$4100.00}. 
XXXX. Lastly, I filed a complaint with the consumer financial protection agency. American Express responded on XXXX, XXXX, XXXX though not adequately or honestly. I include a portion of their response below. 
However, we did find XXXX call on which we incorrectly informed you we do not have the capability of XXXX XXXX XXXX XXXX XX/XX/XXXX recharging a card and the charges would not be re-applied. XXXX assured that feedback has been provided to the appropriate leaders. We apologize for any inconvenience this XXXX have caused. We regret that you are not satisfied with the results of our investigations as it was not your desired outcome. We value your tenure with American Express but due to our findings, we are not able to credit your account for the charges. We understand your concerns regarding the security of your account and having the XXXX charges post to your account. We wish to assure you that you are not responsible for fraudulent charges made on your account. But because you released your account information, the charges in question are not considered to be fraudulent. 
They admit to the misinformation I was given regarding charges being reapplied. Once again, they claim because I provided my credit card information they are not responsible though as I say we give our credit card multiple times per day and can not know who will use it fraudulently. 
XXXX. They note the amount disputed is {$4100.00} which is different from the amount I claimed {$4100.00}. 

On XX/XX/XXXX, I contacted an attorney who wrote them a letter. After XXXX weeks they responded to his letter but either did not read the letter or misunderstood my attorney 's letter because they stated he had no outstanding disputes- referring to his acount and not mine. 

He wrote them another letter. After XXXX weeks they wrote and requested to speak to me immediately, assigned a case number, but gave no specific person to speak with. 
We called immediately spoke to a representative XXXX id XXXX who could not explain why the letter was sent, advised he would investigate and call within XXXX hours. 
It has been XXXX hours and he nor anyone from American Express has called. 

Please provide your asistance.

Company response to consumer: Closed with explanation