Consumer complaint received 2016-04-10
Company: AMERICAN EXPRESS COMPANY
State: CA
Product: Credit card
Issue: Arbitration

Complaint:
I received an e-mail regarding an item I sells on XXXX, " Mens Champion Boxers. '' The buyer and I agreed on a price via e-mail in XXXX with all details laid out in the ad created for the buyer and now the buyer is making a internet fraud attempt to get his money back from American Express Credit Card ( chargeback ) for the payment he made to myself, via XXXX. The amount is XXXX XXXX is saying that since it falls under " Item not described '' that we are not covered by seller protection but this is FRAUD. This is exactly as described. We have receipts to prove such which we purchased from a national wholesaler and the ad in XXXX is exactly describing the completion to his order in all details. He knew of the ad because he was responding to my e-mail to him regarding this ad. 
We completed his order as was agreed. However the man who purchased from us is trying to claim we owe him three times what he received which is fraud from him. We completed his order XXXX correct. We have a return policy on the XXXX invoices from XXXX which states : Buyer pays return shipping. 14 days returns allowed after receipt of item ( s ) A XXXX % restocking fee will be charged regardless of reasons for return. If you have a change of mind or find the said item cheaper at another location or you purchased the wrong item, we will not accept returns under any circumstances. If listing is advertising the item as " new '', it must be in original manufacture packaging/ with tags if applicable. If item has arrived damaged we ask seller to provide pictures so we can file claims against the shipping carrier. If no pictures no refund or adjustment will be made. Thank you for your cooperation and business. '' However I was told by a XXXX rep that American Express denies the XXXX % restocking fee, which they can not get involved in and should have no say in such. 
I have written an e-mail to CEO XXXX XXXX of American Express to state they are partiipating in fraud attempt. XXXX has removed funds from our XXXX account and the buyer has our goods. We were told while the case appears closed that it is actually still open and American Express will make a final decision. However we did our job XXXX right and this buyer is committing internet fraud. 
We thought we were safe when we use XXXX. We have sold large amounts to other customers for various items we sell on XXXX and never any problem with dishonest buyers so it was not unusual we were contacted to complete the transaction. However we did take all necessary precaution with this buyer since it was the first time to do business. 
We were told by buyer that he used American Express to complete this payment via text message. 

I know sellers on any internet commerce may deal with transactions that are less than pleasant however this is a lot of money for our small business who is just trying to make an honest living. It is not right that we are cheated. And in no way will we stand for this kind of loss even if we have to take this to the courts. 
We have filed complaints against XXXX, American Express with XXXX, FTC.gov, Office of Attorney General in CA, Ic3.gov and XXXX XXXX with XXXX XXXX. 
If American Express knew they were helping this buyer commit internet fraud successfully they should bow out of this and make the buyer held responsible. I do not believe they know that this is happening. They should care to be a stand up compny and fight fraud, not help consumers commit fraud. WE have submitted more than enough evidence to prove our case. Enough is enough. If there is any doubt that American Express feels that they do not know how to act in this case they should put the funds back into our account and tell buyer to take us to court. We will happily fight him in court. 



Thank you for your cooperation.

Company response to consumer: Closed with explanation