Consumer complaint received 2017-06-16
Company: AMERICAN EXPRESS COMPANY
State: NY
Product: Credit card or prepaid card
Sub-product: General-purpose prepaid card
Issue: Problem with a purchase or transfer
Sub-issue: Charged for a purchase or transfer you did not make with the card

Complaint:
Response from America Expresss : We received your recent inquiry about the following transaction : Transaction Details Date  XX/XX/2017  Amount {$30.00} From/To  XXXX  We have completed our review and have determined that no credit is due. The transaction will remain on your account because : You were provided with the terms of service at checkout indicating cancellation policy. The order was placed and method of payment was provided upon accepting T & C of the agreement. The merchant has no records of you contacting their customer service department to cancel the subscription. The item was delivered at the mailbox on   XXXX   XXXX   XXXX   at   XXXX   XXXX   in  XXXX , NY. If you would like to receive a copy of the documents that we used while making our decision, please contact us at  XXXX .Questions? Call us at (  XXXX  ) were available 24/7.Thanks, RESPONSE BY  XXXX   XXXX   :  THIS A A FRAUD CHARGE BY THE MERCHANT  AMERICA EXPRESS  HAS NONE NOTHING!    1. ) No Signature 2. ) No Contract 3. ) No Consent 4. ) No Invoice 5. )  No performance  6.  ) No Full Disclosu re 7. ) N ew Yo rk Law  revoking acceptance in this circumstance is the same as rejecting the goods at the time of delivery.  Cal. Com Code 2608 ( 1 ) (  a ) provides that a buyer may revoke his acceptance of a product if its nonconformity substantially affects its value. If a buyer revokes acceptance of the product under this section,  Cal. Com. Code 2608 ( 3 ) giv es the buyer the same rights with respect to the goods he would have as if he had rejected them. The buyer has a reasonable amount of time to revoke his acceptance.   Under the  Song-Beverly Credit Card Act, I  am entitled to a correction of the billing error described above or other response to this inquiry within 60 days from the date of this  inquiry  .15 U.S.C.A. 1666.    1666. Correction of billing errors  See Federal  and state law defines a billing error. The state law definition of a billing error is more limited than the federal law ( se e Cal. Civ. Code 1747.02 ( j ).   Therefore, the federal definition shall be used for this analysis. Claimant contents the {$280.00} charge appearing on her account statement constituted a billing error unde r 15 U.S.C. 1666 ( b ) ( 3  ) which provides : A reflection on a statement of goods or services not accepted by the obligor or his designee or not delivered to the obligor or his designee in accordance with the agreement made at the time of a transaction. not accepted  55:26.  Card issuer 's liability for billing error  See A  " billing error '' is an error by omission or commission in either posting any debit or credit, or in computation or similar error of an accounting nature contained in a statement given to the cardholder by the card issuer. It is not a dispute with respect to the value, quality, or quantity of goods, services, or any other benefit obtained through use of a credit card.   Any cardholder who is injured by a willful violation o f Civ. Code 1747.50 may b ring an action for the recovery of damages. Judgment  may be entered for three  times the amount at which actual damages are assessed. The cardholder is entitled to recover reasonable attorney 's fees and costs incurred in the action . [ Civ. Code, 1747.50, subd. ( c ) ;  see, for example,  XXXX  v.   XXXX   XXXX   XXXX  ,  141 Cal. App. 3d 108, 190 Cal. Rptr. 122 ( 1st Dist. 1983 ) ] A  card issuer is not liable for a billing error by a retailer.  [ Civ. Code, 1747.65, subd. ( a ) ] 55:27.  Duty to respond to cardholder inquiry If a card issuer fails to give a timely response to an inquiry of a cardholder concerning any debit or credit applicable to an obligation incurred through the use of a credit card, the issuer forfeits interest, finance charges, service charges, and other charges, from the date the inquiry was mailed to the date the response was mail ed. [ Civ. Code, 1747.40 ]  A billing error resolution procedure is also provided by federal regulation . [ 12 C.F.R. 226.13 ] A card holder " inquiry '' is a writing posted by mail to the address of the card issuer to which payments are normally tendered, unless another address is specifically indicated on the statement for that purpose. It must be received by the card issuer no later than 60 days after the card issuer transmitted the first periodic statement that reflects the alleged billing error. It must contain the following informatio n [ Civ. Code, 1747.02, subd. ( g ) ] : West 's Ann.Cal.Bus. & Prof.Code 6106 6106.  Moral turpitude, dishonesty or corruption irrespective of criminal conviction The commission of any act involving moral turpitude, dishonesty or corruption, whether the act is committed during his relations as an attorney or otherwise, and whether the act is a felony or misdemeanor or not, constitutes a cause for disbarment or suspension.   If the act constitutes a felony or misdemeanor, conviction thereof in a criminal proceeding is not a condition precedent to disbarment or suspension from practice therefor.   Conclusion : Please return the fake bill of  XXXX  to my account.   Under penalty of perjury, I affirm that the information contained in this document is true and correct to the best of my knowledge. All Specific Rights are explicitly reserved, without pr ejudice, U.C.C. 1-308, Common Law, Law of Nations.

Company response to consumer: Closed with explanation