Consumer complaint received 2016-06-29
Company: AMERICAN EXPRESS COMPANY
State: IN
Product: Credit card
Issue: Billing disputes

Complaint:
On XXXX/XXXX/16, while on vacation in XXXX, XXXX we were recruited off the street to attend a timeshare presentation at XXXX. We purchased contract # XXXX ( XXXX XXXX XXXX ) for {$33000.00} and put the purchase on XXXX different credit cards. XXXX was supposed to buy back our XXXX current owned timeshares that we own free and clear through XXXX XXXX escrow company for {$140000.00} to eliminate our yearly maint. fees of {$2200.00}. The contract had a non-refundable clause in it, which violates XXXX XXXX XXXX. Upon review of the contract, and research on the web at our resort, I discovered numerous complaints about fraud and scams involving XXXX, XXXX XXXX XXXX, and XXXX XXXX XXXX on XXXX, and on XXXX. In a local real estate listing magazine, XXXX XXXX, XXXX ( federal consumer protection office ) pinpointed XXXX as selling time share fraudulenty. The " buy back '' program was not being honored, it was just a marketing ploy. Also Point XXXX ) on our XXXX Contract states that XXXX XXXX XXXX " benefits are administered through an independent marketing office in XXXX, Georgia, Phone Number ( XXXX ) XXXX. When I researched this phone number, it came up on ScamNumbers.info as a " Fake Website Scam. '' Needless to say, we decided to cancel said contract. XXXX CONSUMER LAW ARTICLE 56 OF THE FEDERAL CONSUMER PROTECTION LAW, states that " WITHIN FIVE BUSINESS DAYS FROM DELIVERY OF GOOD SOLD OR SIGNING OF THE CONTRACT ... THE CONSUMER SHALL BE ENTITLED TO REVOKE HIS CONSENT WITHOUT ANY LIABILITY WHATSOEVER ... BY GIVING NOTICE ... IN PERSON ... SHALL RENDER THE TRANSACTION NULL AND VOID ... SUPPLIER SHALL REIMBURSE THE PRICE PAID TO THE CONSUMER. '' " This 5 day right of cancellation is not waivable ( the buyer can not give it up ) and even if the buyer is convinced to sign a document to give it up ( waive the right ) that waiver is not valid and the buyer still has the 5 day right. '' We physically returned to the resort the following day, XXXX/XXXX/16, and notified them that we were cancelling XXXX Contract within the 5 day grace period. The merchant acknowledged that their industry is governed by ARTICLE XXXX, and recognized that they were aware of the law, and that they faithfully abide by said law for the protection of their customers. The merchant was fully informed and aware that this cancellation " SHALL RENDER THE TRANSACTION NULL AND VOID ... WITHOUT ANY LIABILITY WHATSOEVER. '' At this time we were passed from the Operation Manager to the Contract XXXX, XXXX XXXX. She acknowledged, agreed, and accepted our cancellation by issuing CANCELLATION AGREEMENT FOR CONTRACT XXXX, which was dated and signed. This agreement has the same company signature that the original contract has on it, thus authenticating the cancellation. The cancellation issued by the merchant " CONSTITUTES A FULL SETTLEMENT OF CANCELLATION. '', and states that we we " WILL NO LONGER HAVE ANY RIGHTS OR CLAIMS TO THE SERVICES OFFERED IN THE CONTRACT. '' According to the cancellation, the funds were to be reimbursed no later than XXXX/XXXX/16. This never happened. I then communicated tirelessly for 2 weeks via email and phone with the merchant to no avail. They got disgusted with me and would hang up, or would tell me that XXXX XXXX was not there. I was finally informed by the merchant to file a cc dispute to receive my funds. XXXX cc disputes were filed with overwhelming evidential documentation, and XXXX had favorable outcomes. However, AMEX dispute for {$7700.00} has been unwilling to rule justly, and I am currently on my XXXX dispute with limited options. Failure to post payments and other credits like RETURNS is in violation of consumer protection laws. I have been a cardmember with AMEX in good standing for years, but my consumer rights have been violated, and I desparately need your help. Thank You.

Company response to consumer: Closed with explanation