Consumer complaint received 2020-08-03
Company: AMERICAN EXPRESS COMPANY
State: CA
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Other features, terms, or problems
Sub-issue: Other problem

Complaint:
Complaint : 1 ) American Express has taken longer than 90 days to resolve a billing error, as required by statute XXXX of CFPB regulations ( *A ). 
2 ) American Express failed to resolve the transaction disputes and issue a full refund, despite clear evidence that the merchant has failed to provide a full refund for services they did not provide on the date agreed, as required by U.S. Department of Transportation regulations ( *B ) and California statute 17550.14 ( *C ). 

RE Transaction disputes : XXXX, XXXX, XXXX, XXXX. 

All 4 are disputing the plane tickets purchased from XXXX XXXX for the same trip ( same flights ) for a family of 4 bought at the same time, but for some reason where split into 4 separate transactions.

Due to COVID-19, the airline canceled the flights, which we could not have taken anyway, due to California 's shelter in place order, and the government 's ban on all non-essential travel. 
However, XXXX refused to refund the tickets and only offered credit for future travel, which is why we were forced to seek help from American Express in order to resolve this billing error as defined by statute XXXX of CFPB regulations ( *A ). 

All 4 disputes where opened at the same time, on XX/XX/2020, supplying the exact same explanation and the exact same supporting documentation. 

On XX/XX/2020 and XX/XX/2020, XXXX of the disputes where closed for an unexplained reason. The letter I received stated : " Due to the unavailability of any new information for the Dispute in question, we would not be able to contact the Merchant ''. I do not know what new information AmEx is referencing, I was not aware that they were expecting something from me, nobody from AmEx attempted to contact me requesting any additional information after I opened the disputes, not via phone, nor via mail, and when I checked the disputes status online, everything appeared fine. When I called AmEx to reopen the disputes, the customer support agent was equally puzzled, as he did not see any issues with the disputes, or anything that would require any additional information. Again, only 2 out of 4 disputes were affected, and everything about the disputes was the same. Furthermore, after disputes were reopened, AmEx did not request any additional information about any of the disputes. 

On XX/XX/2020, 2 out of the 4 disputes were closed and new disputes were opened, reference number XXXX and XXXX. I did not request this, and it appears this will delay the resolution of the disputes even longer. 

It has now been 4 months since I opened the disputes on XX/XX/2020. Significantly longer than the 2 billing cycles, or 90 days max, as required by statute XXXX of CFPB regulations ( *A ). 

Expected resolution : 1 ) All 4 disputes to be permanently resolved in our favor, as required by statute XXXX of CFPB regulations ( *A ). 
2 ) Full refund of 4x {$670.00} = {$2600.00} to be issued, as required by U.S. Department of Transportation regulations ( *B ) and California statute 17550.14 ( *C ).

References : ( *A ) CFPB regulations : https : //www.consumerfinance.gov/policy-compliance/rulemaking/regulations/1026/13/ 1026.13 Billing error resolution. 

( a ) Definition of billing error. For purposes of this section, the term billing error means : [ ... ] ( 3 ) A reflection on or with a periodic statement of an extension of credit for property or services not accepted by the consumer or the consumer 's designee, or not delivered to the consumer or the consumer 's designee as agreed.

[ ] ( c ) Time for resolution ; general procedures.

[ ... ] ( 2 ) The creditor shall comply with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within 2 complete billing cycles ( but in no event later than 90 days ) after receiving a billing error notice.

[ ... ] ( *B ) U.S. Department of Transportation regulations : https : //www.transportation.gov/individuals/aviation-consumer-protection/refunds [ ... ] In the following situations, passengers are entitled to a refund of the ticket price and/or associated fees. 

Cancelled Flight A passenger is entitled to a refund if the airline cancelled a flight, regardless of the reason, and the passenger chooses not to travel. 
[ ... ] ( *C ) California Code Business and Professions Code DIVISION 7. GENERAL BUSINESS REGULATIONS, Sellers of Travel : https : //oag.ca.gov/sites/all/files/agweb/pdfs/travel/sot-statute-17550-59.pdf [ ... ] 17550.14. Transportation or travel service not provided ; return of moneys paid or written statement of disbursements ; terms and conditions of refund upon cancellation ; material misrepresentations ( a ) The seller of travel has an obligation either to provide the air or sea transportation or travel services purchased by the passenger or to make a refund as provided by this section. The seller of travel shall return to the passenger all moneys paid for air or sea transportation or travel services not actually provided to the passenger, [ ... ]

Company response to consumer: Closed with monetary relief