Consumer complaint received 2017-11-25
Company: AMERICAN EXPRESS COMPANY
State: MN
Product: Credit card or prepaid card
Sub-product: General-purpose prepaid card
Issue: Problem with a purchase or transfer
Sub-issue: Card company isn't resolving a dispute about a purchase or transfer

Complaint:
American Express Blue Bird is unlawfully holding a cancelled cruise ticket as a " merchant review ''. XXXX XXXX XXXX has physically sent XXXX the proper amount of money to return to my card account. In the card holder agreement it reads as this under " merchandise returning merchandise '' : " If you wish to return any merchandise purchased with a Bluebird Account, Bluebird Card, Family Account or Family Account Card, you will be subject to the merchant 's return policies. If the merchant agrees to issue a credit, such credit may take as long as seven ( 7 ) days or longer to post and be reflected as Available Funds. In the event credit is issued on a return of merchandise not originally purchased with your Bluebird Account, Bluebird Card, Family Account or Family Account Card, such credit ( s ) may be treated as an invalid transaction and can result in suspension and/or closure of your Bluebird Account, Bluebird Card, Family Account or Family Account Card, as well as such credit ( s ) being deducted from your Bluebird Account, Bluebird Card, Family Account or Family Account Card and sent back to the merchant of record. If you return merchandise that, when originally purchased, was subject to an offer or other promotion that resulted in a credit to your Bluebird Account or Family Account, any return of such merchandise will result in the credits being deducted from your Account or Family Account. '' On XXXX I cancelled a cruise ticket through XXXX XXXX line. The refund was {$120.00}. On XXXX I made the same payment amount to XXXX. In the card holder agreement listed above, it references " merchandise ''. XXXX XXXX line sent me no " merchandise '' on XXXX or any time there after previous to the cancellation. XXXX claims in the XXXX plus calls I have made to their customer service line since XXXX, that the policy is strictly enforced as stated in the agreement. XXXX has failed to provide me with a list of " merchandise '' that was purchased on XXXX from XXXX XXXX Lines. Further more the card holder agreement states : " The XXXX Card ( and each Family Account Card ) is a prepaid payment device which, among other uses, may be used to pay for goods and services at bricks-and-mortar and online retailers and other merchants that accept American Express Cards, both within and outside the XXXX, and to obtain cash from ATMs that permit American Express transactions within the United States and XXXX XXXX, in each case subject to the terms and conditions of this Agreement. Transactions conducted using a Bluebird Card will be funded from and to the extent of Available Funds in your Bluebird Account, and transactions conducted using a Family Account Card will be funded from and to the extent of Available Funds in the relevant Family Account or as otherwise provided in this Agreement. Where applicable, present the Card to the merchant at the time of payment and sign the merchant 's receipt with the same signature you used when you signed the back of the Card. The Card can also be used to make purchases over the internet, by mail order, or by telephone. If you experience any difficulty making a purchase with the Card, please call Customer Service for assistance. You agree to use the Card only at merchants that accept American Express Cards in accordance with the terms and conditions of this Agreement and only for lawful purposes. The Card may be used to make a final payment in respect of a car or other rental, but may not be able to be used to make a car rental reservation, a hotel reservation, or other reservation or deposit. Merchant categories are determined by merchants and other parties, and you agree to hold us harmless for any transactions that occur as a result of inaccuracies in merchant classification. Cards may not be used for any type of illegal activity or prohibited sale or gambling or as otherwise prohibited by this Agreement, and you agree not to engage in any such illegal or prohibited activity when you use ( or allow others to use XXXX your Account or XXXX Account with a Card. See Section 19 for a list of activities which are prohibited under this Agreement. '' Note where it states : '' The Card may be used to make a final payment in respect of a car or " other rental '', but may not be able to be used to make a car rental reservation, a hotel reservation, or other reservation or deposit. " ( the words " other reservation '' do not specify that a dinner reservation, airline reservation, or cruise reservation can not be made. " Other '' has no clear definition, but car and hotel are " specified ''. ) On XXXX the CS rep stated that a cruise is considered a " commodity '' ( Paying for services ) The agreement allows for a card holder to pay on " other rentals ''. On a cruise a room is paid for or " rented '' as a service. Cancellation on this type of transaction is not considered a " merchandise return ''. The card holder agreement does not reflect the word " commodity '' anywhere within it. Conclusion : American Express stated that ALL refund transactions are subject to a 7 day hold no matter what via the phone conversations. In XXXX XXXX I had 4 actual " merchandise '' returns ranging from {$1.00} up to {$89.00} that were NOT held for 7 days or longer for review. In reviewing the card holder agreement it is not expressly written that it " will '' take 7 days to make funds available. It clearly states on " merchandise returns '' only that it " MAY '' take up to 7 days or longer. In this case " merchandise '' was NOT returned. A cancellation of a service occurred which XXXX allows under its agreement. No reference is made in conjunction with this type of return anywhere in the card holder agreement. XXXX does not list any " reasonable '' reason that any " merchandise return XXXX XXXX ) '' are subject to " holding ''. XXXX has illegally withheld monies from my access against its own cardholder agreement. I have requested that the funds be made at the conclusion of the business day XXXX. American Express has failed to release the {$120.00} as of the date of this complaint.

Company response to consumer: Closed with explanation