Consumer complaint received 2017-06-20
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:
CASE # XXXX MERCHANT # XXXX REFERENCE # XXXX TICKET/CARDHOLDER # XXXX American Express Customer Advocate Services Team XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MD XXXX PH : XXXX Dear American Express : I have a small business named XXXX XXXX XXXX XXXX. In XXXXXX/XX/XXXX, a woman named XXXX XXXX signed up for our XXXX training program which spans the course of one year. Our XXXX training program is {$6000.00} and we have all of our trainees sign a contract which states that there are no refunds given under any circumstances. XXXX XXXX purchased a home in XXXX in XXXX XXXX. She requested a refund in XX/XX/XXXX months after she began the program because she was concerned about her new commute and realized it would require additional travel time. XXXX XXXX filed a chargeback dispute without notifying me prior to. I, on behalf of XXXX XXXX XXXX XXXX, responded to the dispute by sending XXXX XXXX 's contract and receipt as proof of her participation in our program. XXXX XXXX and American Express denied my dispute because evidently there was not enough documentation to support the dispute. I then filed a complaint with the Consumer Financial Protection Board with American Express on XX/XX/XXXX. American Express responded in favor to my dispute on XX/XX/XXXX and the {$6000.00} was returned to XXXX XXXX XXXX XXXX. PLEASE NOTE : I am submitting the response letter from American Express. Today on XX/XX/XXXX, I received a letter from XXXX XXXX which explained that XXXX XXXX filed a second chargeback dispute. I was not aware that American Express would grant another opportunity to do this as I believed the dispute had been resolved in XXXX XXXX XXXX favor as noted by the letter I received via American Express. The letter I received via XXXX XXXX explained that I did not respond to the initial retrieval request that was sent to me in XXXX and that my chargeback representment rights do not exist. I called XXXX XXXX immediately to explain that I DID NOT receive the second dispute notification in the mail and XXXX XXXX explained to me that there was nothing more that could be done on my behalf. This is why I am filing a complaint with the CFPB once again. Please note : The information listed below is from my first complaint that I filed with American Express which was then granted in XXXX XXXX XXXX XXXX  's favor. I implore you to please reconsider your decision based on the information and documentation I have provided below ( once again ). In addition : I also explained to XXXX XXXX  that I do not receive mail to XXXX XXXX XXXX XXXX because our facility was vandalized. I made the decision to obtain a P.O. BOX. All mail on behalf of XXXX XXXX XXXX XXXX, should be mailed to the following address effective immediately. XXXX XXXX XXXX XXXX : XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX, CA XXXX. This may be why I did not receive the 2nd dispute request to send further documentation for the second reversal chargeback. The only reason I received this new documentation from XXXX XXXX was because it was forwarded to our PO BOX . I  just received it today on XX/XX/XXXX. It was dated on XX/XX/XXXX. XXXX XXXX was given our XXXX training manual which was installed on her XXXX by a technician. Please note : I am submitting documentation that she received this manual from our technician. In addition, she attended two XXXX training weekends. The dates are as follows : XX/XX/XXXX for 16 hours as well as XX/XX/XXXX for 16 hours. She received a total of 32 training hours as well as our manual. Lastly, XXXX XXXX came to our studio daily. We have an online scheduling system. She had obtained a username and password and signed herself in daily. The dates that she attended our facility to receive training, XXXX and XXXX XXXX are attached as documentation in support of this claim. The total hours are : 127 hours. For a grand total of 159 hours. Please note : I am submitting documentation of our online scheduling system to verify the dates and times that she received training from XXXX XXXX XXXX. XXXX XXXX sent me an email directly to tell me that she was leaving the program and receiving a full refund from American Express. She sent me an email explaining that the outline for the XXXX training program was false and that she did not receive services that were promised. This is not accurate. Her complaints / accusations were as follows : 1 ) " Program details stated that apprentices would be able to access the studio Monday - Friday from XXXX XXXX, and Saturdays from XXXX - XXXX. There have been multiple occurrences where I have been denied access to the studio to observe, practice or XXXX during times when the training program details state the studio would be open. '' RESPONSE : XXXX XXXX was required to schedule herself on our online scheduling system in ADVANCE. She did not do this, rather she did this the day of prior to coming in to the studio. In addition, XXXX XXXX did not come to our studio at XXXX XXXX in the morning since she began the training. The times that she came to our studio were noted above and shown via our scheduling system. Lastly, I explained to XXXX XXXX on XX/XX/XXXX that our studio had been vandalized on Saturday XX/XX/XXXX and that there was broken glass which was dangerous and our door needed to be replaced on Monday morning, XX/XX/XXXX from XXXX XXXX to XXXX XXXX. She seized this opportunity to demand a refund because we were unable to make the studio available to her during this time period. Pease note : I have a picture of this occurrence and I am submitting it as documentation. 2 ) " Additionally, although the training fee states that I would have unlimited access to the studio to observe, practice and XXXX, it was made aware to me after paying for the program fee, that if I XXXX someone not currently an apprentice or employee of XXXX XXXX XXXX, I would have to pay a {$25.00} studio rental fee, even if during the hours outlined as being able to have unlimited open studio access to observe, practice and XXXX. '' RESPONSE : It was explained in great detail to XXXX XXXX, at the BEGINNING of the program, that she was able to XXXX employees and fellow apprentices for no charge ( included in the cost of our program ). Additionally, if she wanted to XXXX  clients that would like to pay for discounted apprentice sessions, she could do so and would be paid for doing so. XXXX XXXX agreed to this. Please note : I am submitting her XXXX and deposited pay check. Lastly, XXXX XXXX wanted to XXXX her husband XXXX XXXX. Please note : His waiver form is attached. This was not a requirement. She did not want him to pay the studio for discounted sessions nor to be paid for XXXX him. I agreed to her request but explained that a studio fee of {$25.00} was to be paid if she wanted to XXXX him specifically. This was NOT a requirement. 3 ) " The program details provided before submitting payment for the training fee, also states that there will be a monthly apprentice meeting/workout. The training program began on XX/XX/XXXX, and I was not provided with the first monthly/apprentice meeting/workout. '' RESPONSE : There are a total of 8 apprentice meetings, held once a month. Apprentice meetings begin in XX/XX/XXXX and end in XX/XX/XXXX.  This was explained to XXXX XXXX at the BEGINNING of the program. 4 ) " As required, prior to signing up for the program and paying the program training fee, I submitted an application outlining my experience with XXXX. Since the program has begun, I have been told on multiple occasions that I not capable of completing training program unless I take multiple classes/privates all which come at an additional charge, not outlined in the program details. '' RESPONSE : XXXX XXXX was NEVER told that she was not capable of completing the training program unless she took classes and/or private sessions. Also, please note on XXXX XXXX 's application, she did not disclose that she had a physical/medical condition called XXXX. She was concerned because her XXXX was bothering her. It was then that I realized she had XXXX. I asked her about this and why she did not communicate this to me PRIOR to beginning the program. She explained that she was concerned that I would NOT accept her into the program if she had been honest about her condition. She asked me directly what she could do additionally to enhance her training experience. I recommended taking classes and sessions but this was NEVER deemed a requirement. Please note : I am submitting her application as proof that she did not disclose her medical condition to XXXX XXXX XXXX as well as a picture taken of her XXXX. CONCLUSION : I feel that the reversal of the {$6000.00} charge once again is unwarranted and unfounded. Based upon the foregoing information, it is respectfully requested that American Express and XXXX XXXX reverse the refund given to XXXX XXXX in the amount of {$6000.00} and return the amount to XXXX XXXX XXXX XXXX.

Company response to consumer: Closed with explanation